By Durell Namasani
In a significant setback for President Peter Mutharika’s executive agenda, the High Court of Malawi has issued an injunction blocking the controversial relocation of the Malawi Electoral Commission (MEC) from Lilongwe to Blantyre.
The ruling, handed down on June 5, 2026, follows a last-ditch legal challenge by the opposition Malawi Congress Party (MCP) and three of its lawmakers, who argue that the presidential directive—and related administrative decisions by senior cabinet ministers—are procedurally flawed and constitutionally questionable.
The order to relocate MEC’s headquarters to the country’s commercial hub, Blantyre, was part of Executive Order No. 1 issued by President Mutharika in October 2025. According to the government, the move aims to streamline administrative operations and promote regional balance. However, critics suspect it is a politically motivated maneuver to assert executive control over the electoral body ahead of future polls.
The legal battle worsened in April when the Minister of Lands, Housing and Urban Development, Chimwemwe Chipungu, refused to renew MEC’s lease for its Lilongwe offices at Plot No. 13/116, effectively ordering an eviction and leaving the commission scrambling for a base of operations.
In the case, Judicial Review No. 26 of 2026, the claimants challenged both the President’s directive and the Minister’s refusal to renew the tenancy. High Court Judge Kenyatta Nyirenda granted leave for a full judicial and constitutional review, and issued an interlocutory injunction restraining the defendants—Chief Secretary to Government Justin Saidi and Minister Chipungu—and their agents from taking any further steps to relocate the commission from Lilongwe to Blantyre or anywhere else. “With this order, MEC will not be relocated until the court determines the substantive challenge,” said the applicants’ lawyer.
The judge further ordered that upon the claimants filing an Originating Motion within 14 days, the proceedings will be referred to the Chief Justice to certify the matter as relating to the interpretation and application of the Constitution. A penal notice attached to the order warns that any person who disobeys shall be guilty of contempt of court and may face imprisonment or a fine. Costs shall be in the cause.
