Court favours MCP, three MPs on MEC relocation case
The High Court in Lilongwe yesterday granted the opposition Malawi Congress Party (MCP) and three legislators a stay order, temporarily halting the relocation of the Malawi Electoral Commission (MEC) from Lilongwe to Blantyre. This development stalls the implementation of President Peter Mutharika’s October 2025 Executive Order on MEC. Unlike three individuals who previously failed to … The post Court favours MCP, three MPs on MEC relocation case appeared first on Nation Online.
Black News 
The High Court in Lilongwe yesterday granted the opposition Malawi Congress Party (MCP) and three legislators a stay order, temporarily halting the relocation of the Malawi Electoral Commission (MEC) from Lilongwe to Blantyre.
This development stalls the implementation of President Peter Mutharika’s October 2025 Executive Order on MEC.
Unlike three individuals who previously failed to secure a stay, the opposition MCP and three legislators successfully obtained leave to commence a Judicial and Constitutional Review of Mutharika’s relocation decision.
The applicants’ lawyer, George Jivason Kazipatike, stated that the order prevents MEC from being relocated from Lilongwe to Blantyre or any other place. Meanwhile, Attorney General Frank Mbeta yesterday declared his intention to challenge the High Court order.
In the Judicial Review Case number 26 of 2026, Chief Secretary to the Office of President and Cabinet (OPC) Justin Saidi is the First Defendant, while Minister of Lands, Housing and Urban Development is the second Defendant.
MCP and its three legislators—Emmanuel Chambulanyina Jere (Mzimba South Constituency), Abraham Mwakhwawa (Karonga Lufilya Constituency) and Daniel Mwanyongo Chitonya (Karonga Town Constituency)—are first, second, third and fourth applicants, respectively.
In the order coming after an ex-parte application dated June 5 2026, Judge Kenyatta Nyirenda has since granted an order for leave/permission to move for Judicial Review and Constitutional Review to determine the following:
“The decision of the 1st Defendant dated February 27 2026, directing, reaffirming, endorsing and/or implementing the purported Executive Order issued by the President of the Republic of Malawi requiring the relocation of the Malawi Electoral Commission from Lilongwe to Blantyre;
“The decision of the 2nd Defendant dated April 15 2026, refusing to renew the tenancy of premises occupied by the Malawi Electoral Commission at Plot No. 13/116, Lilongwe, and thereby facilitating and implementing the said relocation.”
Nyirenda has also granted an order staying the implementation or execution of the impugned decisions of Saidi and the Ministry of Lands.
“An order of interlocutory injunction be and is hereby granted restraining the Defendants, their agents, servants or whosoever from implementing the decisions as contained in paragraphs 1(a) and 1(b) hereof or taking any further steps towards the relocation of the Malawi Electoral Commission from Lilongwe to Blantyre or to any other place whatsoever, until a further order of the court or until determination of the substantive matters,” adds the order.
Yesterday, Kadzipatike expressed relief at the decision of the court.
He said: “With this order, MEC will not be relocated from Lilongwe to Blantyre or to any other place.”
But AG Mbeta said they will challenge the matter.
“I have not yet been served. I will definitely challenge that order,” he said.
A fortnight ago, Judge Kenyatta Nyirenda dismissed three applicants who sought to put aside implementation of the directive and commence judicial review of the decision.
In February this year, High Court Judge Simeon Mdeza also dismissed the electoral body’s application for judicial review on grounds that it was made outside the prescribed time, January 27 2026, when the order was made on October 10 2025.
But early this week, MEC chairperson Annabel Mtalimanja told the media in Lilongwe that the electoral body will not be moving to Blantyre until key legal questions are addressed on the matter as they had already moved the courts after the first failed attempt on the same.
Earlier, Governance pundit Undule Mwakasungula said the matter could better be resolved through a roundtable engagement.
MEC moved its head offices from Blantyre to Lilongwe in June 2023 while Malawi Prisons relocated its headquarters from Zomba in January 2024 followed by Malawi Communications Regulatory Authority in March 2024 alongside Malawi Housing Corporation.
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