* The claimants are required to file their ‘originating motion for Judicial Review and Constitutional Review’ within 14 days from June 5
* Whose proceedings be referred to the Chief Justice pursuant to Section 9(2) of the Courts Act, Cap 3:01 of the Laws of Malawi
* For certification as a matter that relates to interpretation and application of the Constitution
By Duncan Mlanjira
The High Court has granted an injunction to Malawi Congress Party (MCP) and its legislators, Emmanuel Chambulanyina, Abraham Mwakhwawa and Daniel Mwanyongo Chitonya, restraining implementation of President Mutharika’s Executive Order for Malawi Electoral Commission (MEC) to relocate from Lilongwe to Blantyre.
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The order, that moves for Judicial and Constitutional review, stops the Chief Secretary to the Government and Minister of Lands, their agents, servants or whosoever from implementing the decision or taking any further steps towards the relocation or to any other place whatsoever — until a further order of the court or until determination of the substantive matters.
This follows the decision by the Chief Secretary, dated February 27, 2026 directing, reaffirming, endorsing and/or implementing the Presidential Executive Order for the relocation of MEC to Blantyre.
The Minister of Lands is involved through a communication he made on April 15, 2026, refusing to renew MEC’s tenancy at its plot No. 13/116 in Lilongwe and “thereby facilitating and implementing the relocation”.
The injunction is in effect to MCP and the other three claimants, who a required to file their ‘originating motion for Judicial Review and Constitutional Review’ within 14 days from June 5, whose proceedings be referred to the Chief Justice pursuant to Section 9(2) of the Courts Act, Cap 3:01 of the Laws of Malawi for certification as a matter that relates to interpretation and application of the Constitution.
“Any person who disobeys this order shall be guilty of contempt of court and ma be imprisoned of fined,” says the order.
In refusing to relocate to Blantyre, after the previous administration, the MCP ordered all major government agencies, including MEC, to move to the centrally-located Capital City, MEC filed for the High Court’s determination on the constitutionality and legality of the Executive Order. in Lilongwe to suspend implementation pending determination of key legal questions.
Justice Mtalimanja
Chairperson Justice Annabel Mtalimanja emphasises 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 a few days ago. “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.
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