By Burnett Munthali
The Office of the Registrar of the High Court and Supreme Court has rejected the Democratic Progressive Party’s (DPP) application challenging the Malawi Electoral Commission (MEC) over the mandatory use of national identity cards for voter registration. The DPP argued that the requirement could disenfranchise eligible voters who lack ID cards due to national registration challenges. However, the court dismissed the case, stating that it would amount to an abuse of court processes.
In a ruling signed by Assistant Registrar Elijah Blackboard Dazilikwiza Pachalo Daniels, the registrar’s office labeled the DPP’s application as fundamentally flawed, stating, “The claimant clearly does not have the capacity to sue on the issues she has raised. Her actions are a total abuse of our processes.” The decision effectively halted the case before it could commence, with the court describing the application as “Exhibit A of an intendment to abuse court processes.”
The court questioned the DPP’s standing in the matter, particularly whether the party, as an entity, had been denied the right to vote or faced any civil rights violations. The ruling raised pointed questions: “Can she (DPP) even possess that right? Has she been denied any civil rights? Did she go to register as a voter somewhere where a zealous elections officer… returned her on the premise that she did not possess a national identity card?”
The registrar’s ruling also criticized the DPP for failing to provide clear answers or evidence to support their claims. “We do not have immediate answers. We do not promise that we will. In fact, the claimant herself (DPP) has not supplied us with answers in the originating process,” it read.
The ruling represents a significant blow to the DPP’s legal strategy as the party has raised concerns over voter registration procedures ahead of the 2025 elections. The rejection of the case also raises broader questions about the party’s approach to challenging the electoral process and its capacity to pursue such legal actions in the future.
As the 2025 elections approach, the matter of voter identification remains a contentious issue, with various stakeholders expressing concerns over the accessibility of national identity cards for eligible voters. However, with this ruling, the courts have sent a clear message about the standards required for legal challenges to MEC’s processes.
