The High Court of Malawi has ruled that the Malawi Electoral Commission (MEC) may transmit election results electronically, but the final determination and declaration of winners must rely solely on physically transmitted records from polling stations.
The ruling follows a judicial review case filed by the Democratic Progressive Party (DPP), UTM, and other individuals who raised concerns about the credibility of electronic transmission.
Court Clarifies on Electronic and Manual Results
Lawyer for the claimants, Bob Chimkango, said the ruling addressed the core concerns of his clients.
“The Court said, primarily the law requires physical transmission but it does not preclude MEC from doing electronic transmission. MEC can therefore do electronic transmission, but the tallying and determination of the results shall have to wait for the physically transmitted results,” Chimkango explained.
He added that his clients were satisfied with the outcome as it guaranteed transparency.
“We got exactly what we wanted—manual transmission and tallying. There is no need to appeal because the actual results will be based on physically transmitted records,” Chimkango said.
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The High Court also upheld MEC’s decision not to allow an independent audit of its electronic systems, ruling that the electoral body was acting within its legal mandate.
On biometric identification, the Court clarified that its use is permitted in the electoral process provided it does not replace the manual system.
Reactions to the Ruling
Attorney General Thabo Chakaka Nyirenda expressed satisfaction with the decision, saying it brings legal clarity ahead of the 2025 elections.
Meanwhile, Malawi Law Society (MLS) President Davis Njovu, who represented the society as a friend of the court, hailed the judiciary for treating the case with the urgency it deserved.
What the Ruling Means for 2025 Elections
The judgment means MEC can continue modernising its electoral systems through electronic transmission, but Malawians can be assured that the final results will still be based on physical tally sheets from polling centres.
This balance is expected to reduce disputes over electronic systems while safeguarding the credibility of Malawi’s 2025 elections.
