High Court Denies Injunction to Halt MEC’s Use of Election Law Sections

By Burnett Munthali

The High Court in Blantyre has denied an injunction application that sought to prevent the Malawi Electoral Commission (MEC) from using specific sections of the Presidential, Parliamentary, and Local Government Act of 2023. This ruling marks a significant moment in Malawi’s electoral process, as it affirms the current legal framework guiding the 2025 elections.

Judge Mandala Mambulasa presided over the case, ultimately rejecting the application brought forward by five individuals. In his ruling, Judge Mambulasa underscored the importance of adhering to the established electoral framework and emphasized the role of the National Registration Bureau (NRB) in ensuring comprehensive voter registration.

While denying the injunction, Judge Mambulasa directed the NRB to carry out a critical task: register all eligible voters in Malawi. This directive serves as a call for the NRB to work closely with MEC to ensure that the registration process is both thorough and inclusive, capturing all individuals who meet the requirements to participate in the upcoming elections.

The court’s ruling also highlights the significance of collaboration between governmental bodies like the NRB and MEC in executing electoral processes effectively. By strengthening the NRB’s role in registration, Judge Mambulasa aims to enhance transparency and integrity within Malawi’s electoral system, paving the way for a more accessible voter registration process.

With this decision, the High Court has effectively allowed the MEC to continue using the updated provisions under the Presidential, Parliamentary, and Local Government Act of 2023. These provisions introduce changes in Malawi’s election procedures, likely affecting candidate eligibility, electoral management, and other key aspects of the 2025 election.

This ruling has also brought attention to the importance of a fair and accessible registration process, ensuring that all Malawians can participate in the democratic process. The NRB, now tasked with ramping up its voter registration efforts, holds a pivotal role in implementing the court’s directive to make voter registration more inclusive.

As preparations for the 2025 elections continue, today’s ruling affirms Malawi’s commitment to maintaining a legal framework that supports a transparent and efficient electoral process. The court’s decision signifies a step toward ensuring that all eligible Malawians have a voice in shaping the nation’s future.

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