Contempt of court case against MEC and NRB to proceed

By Burnett Munthali

The contempt of court case involving the Malawi Electoral Commission (MEC) and the National Registration Bureau (NRB) is set to continue following a recent ruling by the High Court. Judge Allan Muhome dismissed an application by Attorney General Thabo Chakaka Nyirenda, who is representing the NRB, seeking to have the case thrown out.

The case was brought before the court by five individuals, led by George Chipwaila, who accused MEC, its chairperson Annabel Mtalimanja, the NRB, and its Principal Secretary Mphatso Sambo of failing to comply with a court ruling issued on October 25, 2024. The ruling had ordered the respondents to implement measures ensuring that all individuals meeting the eligibility criteria under Section 77 of the Constitution are registered to vote.

Nyirenda had argued that the case should be dismissed on grounds that the applicants lacked sufficient interest since they were already registered to vote. However, Judge Muhome rejected this argument, stating that the applicants had a legitimate concern regarding the broader compliance with voter registration laws and the rights of other eligible citizens who might be excluded.

One of the lawyers for the applicants, Felix Tambulasi, welcomed the court’s decision, expressing satisfaction with the ruling. “This decision reaffirms the importance of ensuring that constitutional rights are upheld for all eligible voters. We are ready to proceed with the case,” Tambulasi stated.

On the other hand, Attorney General Nyirenda expressed dissatisfaction with the outcome and confirmed that his office has sought leave to appeal the decision. “We believe there are valid points of law that need to be addressed at the appellate level,” he said.

The case has drawn significant attention as it touches on the critical issue of voter registration and the role of key institutions like MEC and NRB in safeguarding electoral integrity. The applicants argue that the respondents’ failure to act as directed undermines the constitutional right of eligible Malawians to participate in the democratic process.

Judge Muhome is expected to set a date for the continuation of the hearing, which will delve deeper into the allegations of contempt of court. As the legal battle unfolds, the case highlights the broader challenge of ensuring that electoral processes in Malawi remain inclusive and compliant with constitutional standards.