‘The President’s directive for MEC to relocate to Blantyre does not impede on its constitutional mandate’

* It simply addresses where the institution should be housed and the utilisation of public assets

* It does not instruct MEC on how to register voters, conduct elections, count votes, or announce results

* MEC’s independence resides in its mandate, not in its postcode. Changing an office address is administrative

By Duncan Mlanjira

The case of Malawi Electoral Commission (MEC) in which it is challenging the constitutionality and legality of the Presidential Executive Order to relocate to Blantyre continues to stir hot debate on social media.

MEC chairperson Justice Annabel Mtalimanja maintains that they will not implement the presidential directive to relocate its headquarters until the courts determine the constitutionality and legality of the executive order.

She emphasised that MEC filed for an injunction at the High Court in Lilongwe to suspend implementation pending determination of key legal questions but the matter was adjourned after the Attorney General requested more time due to official duties abroad.

“The court dismissed the matter on a technicality,” she is quoted by ZBSNews. “It did not look at the substantive issues. If the court determines that the President or the presidency has power to order MEC around, then that will be the end of the matter.

Mtalimanja, who is High Court Judge of repute, adds that MEC is now awaiting a new hearing date for the injunction application, while preparations are also underway for the substantive constitutional case.

ZBSNews is quoted UN Resident Coordinator, Rebecca Adda-Dontoh, who stressed the importance of safeguarding MEC’s independence, saying the absence of interference during the 2025 General Election strengthened MEC’s credibility and public trust in the electoral process.

However, writing on his Facebook page, social media influencer, Smart Liphevo argue that the President’s directive does not impede MEC’ constitutional mandate — “it simply addresses where the institution should be housed as utilisation of public assets.

“[The directive] does not instruct MEC on how to register voters, conduct elections, count votes, or announce results. MEC’s independence resides in its mandate, not in its postcode — changing an office address is administrative.”

He argues MEC’s long-term strategic plan “was surely to occupy its own premises, not to embark on a holy-journey-upgrade of being a tenant from being a landlord”.

“I struggle to understand why MEC should continue coughing out millions of taxpayers’ kwacha in rent when it already has land and infrastructure of its own in Blantyre. Fiscal prudence is not an enemy of democracy.

“The more intriguing argument is the one about independence. Some have suggested that complying with the President’s directive would somehow compromise MEC’s independence.

“With respect, that argument appears to confuse the steering wheel with the destination. History is replete with institutions that have changed offices, cities, and premises without surrendering an ounce of their autonomy.

“Independence is protected by law, not by a street address. Institutions are not holy relics; offices can move; addresses can change; signposts can be replaced — what must never change is the institution’s ability to perform its constitutional duties without fear, favour, or interference.

That is the real meaning of independence. In my view, the debate has become unnecessarily dramatic. We are discussing an office location, not the relocation of democracy itself.

“If MEC can still register voters impartially, conduct elections fairly, and declare results independently from Blantyre, then its constitutional independence remains fully intact.

“The real fortress of MEC’s independence is not a building in Lilongwe or Blantyre — it is the Constitution, the law, and the integrity of those entrusted to uphold it. Independence protects MEC’s electoral mandate, it does not necessarily immunise the institution from every administrative arrangement concerning public assets and office accommodation.

In response, Brian Ligomeka agreed that “institutions can certainly change offices” and gave the example of Parliament sitting that was moved from Zomba to Lilongwe, which “never compromised its mandate and independence”.

“Perhaps the first step should be to have MEC’s own purpose-built offices and warehouses in Lilongwe. Then step 2 should be to relocate to its own offices in Lilongwe — but you don’t leave your own offices and opt to operate from rented premises.”

Musa Tero also agreed with Liphevo “on the reasoning that street address doesn’t affect constitutional mandate of an independent body”, and on that fact, then MEC should remain in the Capital.

To which Liphevo responds: “If a street address truly has no bearing on MEC’s constitutional mandate, then why is remaining in Lilongwe being treated as a constitutional necessity? You can’t simultaneously argue that location does not affect independence and then insist that independence somehow depends on staying in a particular location called Lilongwe.”

Strauss Harry Sankhulani observed that Liphevo’s was a good argument — thus MEC could move back to Lilongwe when it would have its own premises — “but now we cannot afford to spend where we can save, the country’s economic situation is too dire”.

Vincent Wandale emphasised that ordering MEC “to relocate is interference. That statement alone smacks of malice. If indeed MEC has offices in Blantyre it means the offices are providing money to MEC for paying rent in Lilongwe.

But Liphevo schooled Wandale, saying: “MEC is an electoral commission, not a real estate agency. As such your assumption that its offices are providing money for paying rent in Lilongwe has no legs. Cannot stand!

“MECs constitutional mandate is to conduct elections, not to run a property portfolio and chase tenants for rent. The fact that it owns property in Blantyre does not necessarily mean the property exists to generate income. Public assets are primarily meant to support public functions.”

Liphevo maintained that “the question is whether public assets are being utilised efficiently, not whether MEC can moonlight as a landlord”.

In agreeing with Liphevo, Richard Muphuwa gave the example of Malawi Communication Regulatory Authority (MACRA), which adhered to the Presidential Executive Order and relocated to Blantyre, saying: “Is there anyone at MACRA feeling that the institution’s independence is affected by the movement?

Liphevo summed it up that when Parliament was relocated to Lilongwe, it was first housed within the precincts of the State House, saying: “Did anyone argue that it had forfeited its autonomy and independence simply because of where it was located?”