The High Court of Malawi is, on September 3 2025, expected to determine the status of applications for and against a judicial review of Malawi Electoral Commission (MEC) decision to deny independent auditors access to its system.
Initially, presiding judge Chimbizgani Kacheche was due to hear oral submissions from petitioners and respondents alike on the application for judicial review sought by opposition Democratic Progressive Party (DPP) and UTM Party alongside five concerned citizens; namely, former Rumphi East legislator Kamlepo Kalua, Luther Mambala, Bishop Chimwemwe Mtuwa, Steve Chimwaza and Jubeck Monjeza.
But when the court convened for the proceedings at the High Court Commercial Division premises in Blantyre yesterday, MEC filed an application against the granting of the permission for judicial review.
On the other hand, the petitioners had sought an early adjournment on the basis that MEC did not file a defence.
The judge heard both sides in chamber and reserved ruling on the two applications to September 3 2025.
In an interview after the hearing, Attorney General Thabo Chakaka-Nyirenda, representing MEC, said the commission filed its application on the basis that the political parties were already given access to the Election Management System (EMS) and the voters’ register to identify any issues.
He said the law allows MEC to adopt electronic means of voter identification and result transmission and that the electoral body’s decisions can only be challenged by way of judicial review if there is a breach to the Constitution or an act of Parliament.
“The claimants have not identified any wrong that the electoral commission did to them. You come to court when there is a wrong and not based on things that might happen,” said Chakaka-Nyirenda.
He added that a judicial review has a timeframe of three months while the claimants are challenging a decision MEC made in 2023.
Chakaka-Nyirenda said allowing the application poses the risk of affecting the electoral calendar because the matter might go to the Malawi Supreme Court of Appeal.
Felix Tambualsi, one of the lawyers representing the petitioners, applauded the court for its assurance that the ruling on the two applications will be pronounced on September 3.
“We should commend the court considering the short period it has to determine the applications,” he said.
In the application for judicial review, the claimants want the court to declare as unlawful the commission’s decision to refuse an audit of the EMS.
They further challenge the use of electronic management devices to identify voters and electronic transmission of results in the September 16 General Election.
In June, MEC rejected a joint proposal by five opposition parties to conduct an independent audit of its EMS, citing constitutional independence, legal insufficiency and technical inaccuracies in the proposed scope.
The scope was collectively submitted by DPP, Alliance for Democracy, People’s Party, United Democratic Front and UTM Party.
MEC chairperson Annabel Mtalimanja is on record as having told The Nation that an election system audit was partially conducted through issuance of copies of voters’ register to stakeholders for verification.
