PACENET calls out National Registration Bureau’s Defiance of High Court ruling on voter registration

By Burnett Munthali

Malawi’s democracy stands at a critical crossroads as the Pan-African Civic Education Network (PACENET) raises the alarm over the National Registration Bureau’s (NRB) failure to implement a crucial High Court ruling. This ruling, delivered on October 25, 2024, in Civil Cause No. 130, mandates that the NRB expand identification methods for voter registration to ensure all eligible Malawians can participate in the democratic process. PACENET’s recent press release challenges the NRB’s actions and demands immediate compliance to protect the integrity of Malawi’s 2025 elections.

The October 25 ruling stemmed from widespread concerns that the Malawi Electoral Commission’s (MEC) requirement of a national ID as the sole form of voter identification was disenfranchising citizens. Many Malawians, particularly in rural and marginalized areas, do not possess national IDs due to a variety of barriers. In its decision, the High Court ordered the NRB to provide additional mechanisms, allowing eligible voters without national IDs to register for the upcoming elections.

In a strongly worded order, the Court instructed the NRB to “immediately take steps and put in place adequate mechanisms that would ensure that persons who meet the eligibility criteria… but do not have proof of eligibility issued by NRB, are assisted to register in its database and given a unique identifier… and then allowed to register as voters thereafter with MEC.”

Following the judgment, the NRB publicly committed to compliance. A press conference and public statement assured the nation that measures were in place, and voter registration Phase 2 would begin on November 9, with the NRB ready to assist all eligible voters.

However, as PACENET’s press release outlines, the NRB has shown a troubling disregard for the High Court’s ruling. Now, three days into Phase 2 of the registration exercise, PACENET’s field observers report that the NRB has failed to make the necessary provisions for assisting new eligible voters. Observers in Thyolo, Luchenza, and Blantyre have confirmed the absence of NRB services at voter registration centers, with eligible citizens being turned away due to a lack of national IDs.

“This is clearly a blatant snub of the High Court judgment by the NRB and smacks of a deliberate attempt by the government agency to compromise the electoral process,” PACENET states in their press release. PACENET warns that disenfranchising potential voters threatens the legitimacy of Malawi’s democracy and calls the NRB’s inaction “contempt of court” and a “deliberate effort to disfranchise potential voters.”

PACENET’s Urgent Demands

In response to this alarming situation, PACENET’s press release outlines an immediate call to action for the MEC, NRB, government, and civil society organizations (CSOs):

Firstly, PACENET demands that the MEC suspend the voter registration exercise until the NRB fully complies with the High Court ruling. They further urge the MEC to engage all political parties through the Centre for Multi-Party Democracy (CMD) to ensure transparency.

Secondly, PACENET reminds the NRB that their continued noncompliance could not only disrupt the voter registration process but also lead to unrest. They demand immediate action from the NRB to implement the High Court’s mandate or face accountability for any resulting disorder.

Thirdly, PACENET urges the government to let the MEC and NRB, both independent bodies, speak for themselves regarding these issues and hold them accountable for their actions. Government interference, PACENET suggests, undermines the independence of these agencies and weakens the democratic process.

Fourthly, PACENET appeals to CSOs to remain vigilant and actively monitor all electoral processes, especially during the voter registration phase. CSOs play a crucial role in safeguarding a fair and transparent election process.

As Malawi approaches its 2025 elections, PACENET’s press release serves as both a warning and a rallying cry. The organization’s commitment to transparency and accountability resonates in its call for immediate corrective actions from the NRB. “PACENET remains committed to promoting transparency, accountability, and credibility to the electoral process,” the release concludes, underscoring that the upcoming elections are not merely procedural—they are a test of Malawi’s dedication to democratic principles.

This issue goes beyond voter registration. It speaks to the heart of Malawi’s democratic values, and PACENET’s vigilance ensures that these principles are upheld. As the nation watches closely, PACENET’s press release has set the stage for action, urging every player in this process to respect the law and honor the voices of all Malawians.