The High Court has rejected an application by government seeking to set aside a stay of proceedings in a judicial review case challenging the relocation of the Malawi Electoral Commission (MEC) headquarters from Lilongwe to Blantyre.
High Court Judge Kenyatta Nyirenda dismissed the application on Friday, saying the issues raised in the case are of fundamental constitutional significance and should be determined through the proper judicial review process.
The case was brought by the Malawi Congress Party (MCP) and three individuals, Emmanuel Chambulanyina Jere, Daniel Chitonya Mwanyongo and Abraham Mwakhwa, who are challenging government’s decision to relocate MEC’s headquarters to Blantyre.
The claimants are also challenging a decision involving the Minister of Lands, Housing and Urban Development concerning the renewal of the tenancy agreement for MEC’s premises.
The High Court granted the judicial review application in June 2026, allowing the challenge to proceed.
In his latest ruling, Justice Nyirenda found that the defendants’ application was incompetent in law, arguing that it had been brought under provisions of the Civil Procedure Rules that do not give the court jurisdiction to set aside the stay of proceedings.
The judge further ruled that the defendants had failed to demonstrate sufficient or compelling reasons to justify stopping the proceedings.
He consequently dismissed the application and ordered the applicants to pay costs.
The ruling means the substantive judicial review proceedings challenging the relocation decision can continue, subject to any further applications or appeals that may be made by the parties.
The dispute over MEC’s headquarters follows President Peter Mutharika’s directive in October 2025 that the electoral body should relocate its headquarters from Lilongwe to Blantyre, alongside the Malawi prison Service headquarters which relocated to Zomba and the Malawi Communication Regulatory Authority which relocated its headwaters to Blantyre.
However, MEC has resisted the proposed relocation, with the matter subsequently becoming the subject of legal proceedings.
The headquarters issue has attracted wider public and political interest because of the constitutional role of MEC as the body responsible for managing and supervising elections and referendums in Malawi.
The latest ruling, however, does not by itself determine whether MEC will ultimately remain in Lilongwe or move to Blantyre. Instead, it allows the judicial review process challenging the decisions to proceed.
The parties may now have to present their arguments on the substantive issues before the court makes a final determination on the legality of the decisions under challenge.
Meanwhile, Political analyst has backed the call for independence of the Malawi Electoral Commission.
The remarks, by Dr George Chaima, come following a call from MEC chairperson, Justice Annabel Mtalimanja, during its national election review conference held on 20th August in Lilongwe. The meeting aimed at reviewing the September,2025 general Elections.
Speaking during the meeting, Mtalimanja, said the quality of 2030 general election depends on the collective efforts to build and sustain independence of the body.
In an interview with radio Islam, Chaima, echoed Mtalimanja’s call saying the electoral body should operate in a conducive political environment that would enhance its credibility.
He stressed the need for all stakeholders to start implementing electoral reforms in order to effectively conduct the 2030n general election.
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