The High Court of Malawi in Blantyre has dismissed an application by Attorney General (AG) Thabo Chakaka Nyirenda to throw out a contempt of court case against Malawi Electoral Commission (MEC) and National Registration Bureau (NRB).
The ruling delivered by High Court Judge Allan Muhome means that the case, commenced by five concerned citizens, will now proceed to full hearing on a date to be set by the court.
The judge observed that the argument by the Attorney General, who is representing MEC and NRB, was not supported by the prevailing law.
Muhome further ordered the claimant’s lawyers to effect personal service on the defendants, who were not personally served within seven days.
He said: “Having found that the claimants have sufficient interest in these proceedings and that their application needed no permission, this court does not find any compelling factors counting the application an abuse of the court process.
“The court shall proceed to hear the evidence on the contempt of court proceedings on a date to be fixed and upon issuing further directions if need be.”
In the case, George Chipwaila and four others sued MEC chairperson Annabel Mtalimanja, MEC chief elections officer Andrew Mpesi, NRB Principal Secretary Mphatso Sambo and other officials from the two public institutions for allegedly failing to comply with an order of the High Court of Malawi made on October 25 2024.
The earlier order, made by Judge Mandala Mambulasa, was that NRB should put in place mechanisms to allow all eligible Malawians to register for the national ID which would enable them to register with MEC for the September 16 General Election.
But the AG raised a number of objections through a preliminary application, asking the court to dismiss the five Malawians’ application for contempt of court.
In his preliminary application, the AG asked the court to dismiss the application because, among others, the defendants lacked sufficient interest in the case, apparently because they are all registered with NRB.
He further argued the claimants ought to have obtained permission of the court before commencing the contempt of court proceedings.
Chipwaila and his co-applicants allege that MEC and NRB failed to fulfill the court’s instructions to ensure accessibility for all eligible voters.
