The High Court of Malawi has referred a case, in which Malawi Congress Party (MCP) and three legislators are challenging the relocation of Malawi Electoral Commission (MEC), to the Chief Justice (CJ) for certification as a constitutional matter.
The referral, by Judge Kenyatta Nyirenda, reads in part: “In view of the nature of the triable issue that this matter raises, I determine, pursuant to Order 19 Rule 2 of CPR that a matter on the interpretation or application of the Constitution has arisen in these proceedings that requires that I submit the matter for certification of the Chief Justice under Section 9 [3] of the Courts Act, and for the ensuing process thereunder.
“This court, will therefore, proceed to refer the matter to the Chief Justice for certification under Section 9 [3] of the Courts Act, in accordance with the applicable procedure.”
The court’s decision follows its move on Friday to grant MCP and the three legislators a stay order against MEC’s relocation.
The order has since stalled the implementation of President Peter Mutharika’s October 2025 Executive Order for MEC to relocate its head office from Lilongwe back to Blantyre.
Meanwhile, Judge Nyirenda has said any proceedings on the matter have been stayed pending the CJ’s decision.
Further reads the referral: “In view of the foregoing, these proceedings are hereby stayed pending the decision on certification by the Chief Justice, and should he so certify, the proceedings shall remain so stayed pending the determination of constitutional issues by the High Court panel to be constituted under Section 9 [3] of the Courts Act.”
Lawyer George Jivason Kadzipatike, who is representing MCP and its three legislators Emmanuel Chambulanyina Jere (Mzimba South), Abraham Mwakhwawa (Karonga Lufilya) and Daniel Mwanyongo Chitonya (Karonga Town), said they will await the CJ’s decision.
He said: “What will happen is that the Chief Justice, if he is satisfied, will certify the matter as such, and he will empanel what is loosely called a Constitutional Court consisting of three or more judges to hear and determine the matter,” he said.
On his part, Attorney General Frank Mbeta already declared his intention to challenge the High Court order.
In his sworn statement, Jere argued that any attempt by the Executive to dictate where MEC should establish its headquarters constitutes interference with its constitutional independence, describing the order as unconstitutional, unlawful, irrational, unreasonable and amenable to judicial review.
He added that MEC is not a department of government, but an independent constitutional body and that the constitutional guarantee of independence extends to the commission’s institutional, administrative and operational autonomy.
“That in my understanding, where the commission establishes and maintains its headquarters is a matter falling within its operational autonomy and independence.
“That neither the President, the Chief Secretary to Government nor the minister responsible for Lands has constitutional authority to direct where the commission should operate from,” it reads.
Chambulanyina Jere also argued that as the capital city, Lilongwe occupies a central geographical position within the country, making it reasonably accessible to stakeholders from the Northern, Central and Southern regions.
Reads his affidavit: “That the current location of the Malawi Electoral Commission in Lilongwe enables relatively balanced and equitable access to the commission by political parties, candidates, civil society organisations, election observers, members of Parliament and members of the public from all parts of the country.
“That relocating the Malawi Electoral Commission to Blantyre would disproportionately affect stakeholders from the Northern Region, including myself, by requiring significantly longer travel distances, increased travel time and substantially higher logistical and operational costs whenever interaction with the commission becomes necessary.”
In the Judicial Review Case number 26 of 2026, Chief Secretary to the Government Justin Saidi is the first defendant while Minister of Lands, Housing and Urban Development Chimwemwe Chipungu is the second defendant.
A fortnight ago, Nyirenda dismissed three applicants who sought to put aside implementation of the directive and commence judicial review of the decision.
In February this year, another High Court Judge Simeon Mdeza dismissed MEC’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.
MEC moved its head offices from Blantyre to Lilongwe in June 2023.
