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By Suleman Chitera

The High Court has temporarily stopped plans to relocate the Malawi Electoral Commission (MEC) from Lilongwe to Blantyre, dealing a significant legal blow to the government’s decentralisation agenda.

In a ruling delivered by High Court Judge Kenyatta Nyirenda, the court granted an interlocutory injunction sought by three applicants — Emmanuel Chambulanyina Jere, Abraham Mwakhwawa, and Daniel Mwanyongo Chitonya — together with the opposition Malawi Congress Party (MCP).MCP Parliamentary Candidate Precious Kabambe Arrested in Lilongwe

The court order prevents MEC and government authorities from taking any further steps toward implementing President Peter Mutharika’s October 2025 Executive Order that directed the electoral body to move its headquarters from Lilongwe to Blantyre.

The judge also granted the applicants leave to commence Judicial Review and Constitutional Review proceedings challenging the legality of the relocation.MEC Declares Arthur Peter Mutharika Winner of 2025 Presidential Election

Part of the court order states:

“An Order of interlocutory injunction be and is hereby granted restraining the Defendants, their agents, servants or whosoever from implementing the decisions as contained in paragraphs 1(a) and 1(b) hereof or taking any further steps towards the relocation of the Malawi Electoral Commission from Lilongwe to Blantyre or to any other place whatsoever, until a further order of the Court or until determination of the substantive matters.”

The applicants are being represented by lawyer George Jivason Kadzipatike, who welcomed the ruling and said it effectively freezes any plans to move the electoral body.Smoke without fire: How MCP’s Jane Ansah smear campaign exposes a desperate opposition strategy

“With this Order, MEC will not be relocated from Lilongwe to Blantyre or to any other place,” Kadzipatike said.

Under President Mutharika’s Executive Order, MEC was expected to relocate alongside other public institutions, including the Malawi Communications Regulatory Authority (MACRA) and the Malawi Housing Corporation (MHC), as part of a broader government initiative to shift selected agencies to Blantyre.

However, implementation of the MEC relocation has faced strong resistance and a series of legal challenges. The latest court order means the electoral body’s headquarters will remain in Lilongwe while the substantive constitutional and judicial review cases are heard and determined.Investigative Report: Questions Continue to Follow Malawi’s Honorary Consul to Israel, Nir Gess

The ruling is expected to intensify debate over the legality and practicality of relocating key national institutions, particularly those with constitutional mandates, as stakeholders await the court’s final determination on the matter.

The case now proceeds to substantive hearings, where the court will examine whether the Executive Order complies with constitutional and administrative law requirements.

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