President Peter Mutharika’s Executive order for Malawi Electoral Commission (MEC) to relocate its headquarters from Lilongwe to Blantyre is facing a fresh legal challenge from a trio seeking a court order stopping the move.
But the State through the Attorney General (AG) has since questioned the procedure and credibility of the initiators of the fresh application, namely Limbani Phiri, Vanwyk Chikasanda and Beauty Kumtomoni.
High Court of Malawi Judge Kenyatta Nyirenda yesterday heard the matter in his chambers in Lilongwe, but adjourned the proceedings after both the applicants and the State agreed to file additional documents.
In their application, the three argue that the President acted unlawfully and outside his legal authority in issuing the directive last October that ordered MEC to relocate to Blantyre alongside Malawi Communications Regulatory Authority and Malawi Housing Corporation. The order also commanded Malawi Prisons Service to revert its headquarters to the old capital in Zomba.
Reads the application in part: “The defendant [the President] in the main action should be prohibited from violating the Constitution of the Republic of Malawi. Further, the defendant should be directed to only act within the law and only according to the powers or authority which the law, including the Constitution, places upon him.
“The claimants are challenging the exercise of power by the defendant which power the law has not given the defendant.”
The trio also asked the court to refer the matter to the Chief Justice for certification as a constitutional case, arguing that it raises questions on the constitutionality of the directive and the scope of presidential powers, particularly in relation to MEC’s functions.
The applicants further indicate that they will rely on a sworn statement by MEC chairperson Annabel Mtalimanja, including exhibits from an earlier judicial review application the court dismissed in February this year.
In response, AG Frank Mbeta asked the court to dismiss the applications, describing them as incompetent and procedurally defective.
“I verily believe that there is no competent application before the court on which the court can assume jurisdiction. The applications should be dismissed as the court cannot assume jurisdiction on incompetent and incurably defective applications,” he said.
Mbeta also observed that the applicants are seeking leave for judicial review while simultaneously asking for an injunction and constitutional referral, making their intentions unclear.
The AG further contended that the injunction sought cannot be granted against the government in the manner presented, rendering the application unfounded.
Mbeta also faulted the applicants for suing the President instead of the AG, saying the action targeted a wrong party.
“I verily believe that this not being a judicial review matter, the claimants have sued a wrong party,” he said.
On the request to refer the matter to the Chief Justice, Mbeta said there is no properly commenced substantive action before the High Court to warrant such certification.
He also challenged the applicants’ standing, arguing that they have not demonstrated sufficient interest or personal rights affected by the directive.
Nyirenda has set April 27 2026 for hearing.
In an interview outside the courtroom, Mbeta said the applicants had failed to comply with the required notice period for suing the government.
“They gave notice barely a month ago but now they are in court. Obviously that creates problems; technically under the relevant law they cannot be in court before the three months’ elapses,” he said.
Mbeta also wondered why private individuals had moved to challenge the directive when MEC itself has the mandate to take legal action.
Lawyer representing the trio, Jefferson Luwa, declined to disclose further details about his clients or their decision to act ahead of MEC, saying he would comment after the matter is heard on April 27.
However, he said the expectation is that MEC will join the proceedings.
One of the applicants, Kuntomoni came in the limelight in the run up to the September 16 2025 General Election when she challenged incumbent legislator for Lilongwe Mpenu Constituency Eisenhower Mkaka during the Malawi Congress Party primary elections. However, the primaries were nullified before Mkaka excelled later. Kuntomoni proceeded to contest on Odya Zake Alibe Mlandu ticket, but lost.
MEC spokesperson Sangwani Mwafulirwa said the commission would not comment because it is not party to the case and does not have details of the matter.
On February 27 2026, the High Court dismissed MEC’s application for a judicial review to get clarification on whether the order to relocate its head office constituted unlawful interference with its independence.
