Attorney General Frank Mbeta says Ministry of Lands, Housing and Urban Development is not obliged to pay for rent for the sealed Malawi Electoral Commission (MEC) Njewa warehouse in Lilongwe.
The government’s chief legal adviser said this when he was asked why government has yet to pay the rentals, leading to MEC’s decision to postpone the court-sanctioned fresh parliamentary elections on September 29 2026 in Nsanje South and Mangochi East constituencies.
“When MEC gets funding from Treasury, it is supposed to use part of that money to pay for the rentals for that warehouse, not the ministry,” said Mbeta.
On whether this was the case for all warehouses that MEC uses, he was non-committal, stating: “Let’s stick to Njewa.”
In a witness statement submitted for the now withdrawn contempt of court case in relation to the MEC rentals issue, Minister of Lands, Housing and Urban Development Chimwemwe Chipungu also said that his ministry is not involved in the lease arrangements for the Njewa warehouses.
Reads the statement: “To my knowledge, the Malawi Electoral Commission directly leases the Njewa warehouses from the property owners. Thus, the ministry is not privy to the Njewa warehouse transactions.
“That further, it is clear that the order of 5th June 2026 does not mention the Njewa warehouse. The order does not require me to facilitate any rental payment for the Njewa warehouse, a transaction I am not privy to.”
MEC director of media and public relations Sangwani Mwafulirwa yesterday referred The Nation to the commission’s recent statement in which it said the continued sealing of its Njewa warehouse over non-payment of rentals has made critical electoral materials inaccessible.
Reads the statement: “The lease for the warehouse expired on 31st March 2026. Well before the expiry of the lease, the commission commenced the process of renewing the tenancy. Negotiations with the landlord were concluded in good time.
“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.”
The statement said that due to the prolonged approval process, MEC has continued occupying the warehouse as a tenant holding over while awaiting government authorisation to execute the lease and settle the attendant rental obligations.
On Thursday, MEC announced postponement of the by-elections due to lack of access to electoral materials.
A source who opted for anonymity said it was strange that government had decided to abdicate its responsibility on the matter.
“Never have I ever heard that MEC pays for its rentals, no! It’s the obligation of government,” said the source who previously served at MEC in a senior position.
Earlier, Civil Society Elections Integrity Forum said the people of Nsanje South and Mangochi East are being denied timely representation in the National Assembly through circumstances that should never have been allowed to reach this point.
The forum cited Section 62(1) and (2) of the Constitution which require every constituency to be represented in the National Assembly and guarantees each constituency the right freely to elect its representative.
MEC, meanwhile, insisted it remains committed to complying with court orders and to conducting the polls lawfully and with integrity.
