PACE-NET maintains NRB are in contempt of court for failing to process unique identifier for eligible voters to register

* Asks claimants to the court case to file case for contempt of the court ruling of October 25, 2024

* NRB was just capturing the eligible voters’ data and were being returned without being given a unique identifier

* That would have allowing them instantaneous registration with MEC as registered voters for the 2025 General Elections — thus, they are ineligible to vote

By Duncan Mlanjira

Pan African Civic Educators Network (PACE-NET) maintains that the National Registration Bureau (NRB) is in contempt of the court for “deliberately failing to comply and implement in full” the High Court judgment made on October 25, 2024.

In a statement — signed by Executive Director, Olive Mpina and Board chairperson, A. Ngwalo — PACE-NET quotes the High Court ruling of Civil Cause NO.130 in a case in which some concerned citizens sought a court injunction against the Malawi Electoral Commission (MEC’s) use of the national ID as “a sole means of identification for voter registration”.

The CSO further observed that while upholding the law on voter registration the High Court ordered the NRB:  ‘… to immediately take steps and put in place adequate mechanisms that would ensure that persons who meet the eligibility criteria set by Section 77 of the Constitution and present themselves at the Malawi Electoral Commission’s registration centres, but do not have proof of eligibility issued to them by NRB, are assisted to register in its database and given a unique identifier in line with the requirements of Section 12 of the Presidential, Parliamentary and Local Government Elections Act and then allowed to register as voters thereafter with MEC…”

Thus PACE-NET observed that at the conclusion of Phase II of the voter registration, and in contrast to the High Court Judgement, in several centres visited by PACE-NET local observers in Luchenza municipality, Thyolo, Blantyre and Ntcheu districts, “NRB was not doing the initial Biometric Information Management System registration of new registrants who presented themselves at the MEC registration centres”.

PACE-NET further says NRB was just capturing the eligible voters’ data “and were being returned without being given a unique identifier allowing them instantaneous registration with MEC as registered voters for the 2025 General Elections — thus, they are ineligible to vote on September 16, 2025”.

“We strongly condemn NRB for deliberately failing to comply and implement in full the High Court Judgment. This is a clear case of contempt of court designed to undermine a clear court order.

“NRB’s action, if not corrected now, will see hundreds of potential voters become ineligible to vote on 16th September 2025. PACE-NET is convinced beyond reasonable doubt that the current voter registration exercise is flawed and therefore, significantly unreliable.

“It falls short of achieving its cardinal objective of guaranteeing and enabling all those legally qualified to vote to do so,” said the statement while calling upon claimants of the initial petition to the High Court “to urgently move the same court to condemn the NRB for contempt of court and impose a corrective measure to protect electoral rights of potential voters affected by NRB’s action.”

They also ask MEC to extend Phase II of voter registration — that ended last Friday— “by 5 days to enable NRB provide unique identifiers to potential voters whose data were captured so that they can be registered as voters” and that the Government should provide funds for the extended voter registration exercise.

PACE-NET pledges that it remains “committed to promoting transparent and accountable electoral process and ensuring enhanced public confidence in the election process”.

Meanwhile, the same calls were made by Youth for Action Campaign (YAC), which MEC also registered as one of the 116 accredited CSOs to conduct civic and voter education for the General Elections, when it observed that Phase II has failed to register some eligible voters due to failure by NRB on national ID processing.

In its press statement issued by Executive Director, Caesar Jackson, YAC — which is also accredited to be an electoral observer with 30 roving observers across the country — recommended that the NRB should apologise to the general public for failing to register people for the national ID at each and every centre and should explain as to why they failed to register to do so.

The CSO also asks MEC to consider repeating Phase II as it has failed to register some eligible voters due to the NRB failure and that the High Court ruling should be respected and reflected in all related voter registration activities.

As a response to the court ruling, YAC observed that NRB issued a statement on October 26, 2024, which it quotes: ‘NRB will, as a matter of urgency open additional centres to assist Malawians who may have not yet registered for the national ID, to register and be issued with a unique ID and proof of registration’.

“In addition,” says YAC, “on 10th November, 2024 there was another public statement from NRB when the voter registration had just begun on 9th November 2024 without the ID registration exercise taking place.

“The statement, in its second paragraph reads: ‘NRB is further informing all eligible citizens requiring national identity registration that ID registration services are available at all voter registration centres. All citizens will be assisted at every centre’.

“However, against all these public statements made by the NRB, YAC has found something different. For instance:

1. Some centers’ did not register people for a national ID; [primary schools of] Chisemphele, Nthembwe, Matipa, Kanyata in Kasungu; Jalawe, Kakuyu and Chiweta in Rumphi; St. Maria Goreth, Mtetete CDSS, Kalambwe Primary, Nkhata Bay ADMARC, Nkhata Bay Prison in Nkhata Bay; Ndangopuma, Domasi, Chikupira, Matiti, Naming’azi in Zomba, to mention but few.

2. In some areas, people were being advised to wait for five days after registering for an ID, which means those who went to register for a national ID at a voter registration centre any day from November 18-22 were unable to register with MEC. For instance, at Chinamwali Market in Zomba.

3. Few centres were made as reference point for instance; Kamilaza in Kasungu, Chinamwali in Zomba. At these centres, some people were unable to register in the voter registration as they were told that despite registering for an ID, the system failed to recognise — hence many failing to register with MEC.

4. Long distance: People were being forced to walk for a long distance to get registered for an ID. It could take one walking about 10-12km to  get to Kamilaza Primary School from other centres. This does not reflect what NRB promised Malawians on 10th November 2024.

YAC further observed that “a large number which is affected are the youth, who make 70% of the total population hence, denying them their right to vote leading to increased voter apathy”.

YAC concludes by appreciating “the good cooperation from NRB and MEC in their conduct and activities ahead of 2025 General Elections”.

MEC commenced the Phase II of the voter registration from November 9-22 in Nkhata Bay, Rumphi, Likoma, Dowa, Kasungu, Kasungu Municipality, Mchinji, Blantyre, Blantyre City,Zomba, Zomba City,Ntcheu,Thyolo and Luncheza.

At the conclusion of Phase I on November 3 in 14 Councils of Balaka, Chiradzulu, Chitipa, Dedza, Karonga, Machinga, Mulanje, Neno, Nkhotakota, Ntchisi, Phalombe, Salima, Karonga Town and Mzuzu City, MEC announced a preliminary report that a total of 2,224,307 people registered of which 891,777 male and 1,332,530 female — this represents 40% and 60% of the total number of registered voters respectively.

In comparison with the projected total number of people in the Councils, aged 18 years and above in 2025, which according to the National Statistical Office is 3,423,066 (1,573,579 male and 1,849,487 female), the number of registered voters under Phase I represents 65% of the projected population.

Disaggregated by gender, 56.7% of the projected male population has registered with 72% being the female population have registered.

However, MEC Chief Elections Officer, Andrew Mpesi emphasised that the figures were preliminary and the public “must exercise caution on their use”, saying: “Since the data has not been cleaned, figures may slightly change if duplicate registrations are discovered and the public will be informed about the same.”

The Commission said it will upload detailed figures of the preliminary number of registered voters for each centre, ward and constituency through its website: www.mec.org.mw.

Meanwhile, in his national address to the nation from Kamuzu Palace yesterday to report on the actions that he has been taking to address serious challenges been faced, President said he received reports that “in some parts of the country, people who are facing food insecurity are reluctant to register for the 2025 General Elections.

He added that some of the voters “have been feeling reluctant to register because of politicians whose rhetoric is discouraging voters” but fell short of mentioning the politicians involved.

“My own position, because I swore an oath to uphold the Constitution, is that voting in our elections is your constitutional right and you should register to vote because you should never surrender your constitutional rights for any reason.

“As for those who have grievances about the registration process, we have the courts to resolve those disputes, but nobody’s grievances should cause you to not register. So please go and register.”

After completion of Phase I and II, MEC has rolled out the final phase starting today in Lilongwe, Mzimba, Mangochi, Chikwawa, Nsanje and Mwanza.