* As landlord is granted court order restraining MEC access to its warehouse at Njewa in Lilongwe
* Following expiry of the lease agreement for the premises and government’s reluctance to renew the tenancy
By Duncan Mlanjira
The Malawi Electoral Commission (MEC) announces that it has been served with a court order restraining it access to its warehouse at Njewa in Lilongwe.
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In a statement, director of media & public relations, Sangwani Mwafulirwa states that this this is due to outstanding rental obligations, arising from the expiry of the lease agreement for the premises and its non-renewal.
The statement indicates that the lease for the warehouse expired on March 31, 2026 — but “well before” its expiry, MEC “commenced the process of renewing the tenancy”.
“Negotiations with the landlord were concluded in good time,” says the statement. “However, in compliance with the Government’s expenditure control measures as announced in February 2026, the Commission sought the requisite Government approval before executing the lease. “Accordingly, the Commission submitted a request seeking authorisation to renew the lease.
“To date, the Commission is yet to receive a response from the Government. Owing to the prolonged approval process, the Commission has continued occupying the warehouse as a tenant holding over while awaiting Government authorisation to execute the lease and settle the attendant rental obligations.”
Mwafulirwa further says MEC “is actively engaging the relevant Government authorities and the landlord with a view to resolving the outstanding administrative processes and regularising the lease arrangement as soon as possible”.
“The Commission is optimistic that the matter will be resolved amicably and expeditiously,” says Mwafulirwa — while assuring all stakeholders and the public that it “remains committed to safeguarding public assets and continues to discharge its constitutional and statutory responsibilities in accordance with the law”.
Last month, the-High-Court-granted-opposition-Malawi-Congress-Party-(MCP)-an-injunction-stopping-the-execution-of-President-Mutharika’s-Executive-Order for MEC to relocate from Lilongwe to Blantyre.
The order, that moved for Judicial and Constitutional review, stopped 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 followed 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,” said the order.
MEC chairperson Justice Mtalimanja
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.
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 told the media in May. “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, added that MEC was awaiting a new hearing date for the injunction application, while preparations are also underway for the substantive constitutional case.
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