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Justice Mandala Mambulasa of the High Court of Malawi, Civil Division in Blantyre, has this afternoon declined to grant an injunction to five individuals who applied for it to halt the Malawi Electoral Commission (MEC) from enforcing the provisions of Section 12 of the Presidential, Parliamentary, and Local Government Elections Act, 2023.
This means MEC will continue to carry out its activities, including registration of voters, ahead of the next year's General Elections in September uninterrupted.
However, Justice Mambulasa has directed and ordered Honourable Attorney General Thabo Chakaka-Nyirenda to immediately take steps and put in place adequate mechanisms that would ensure that persons who meet eligibility criteria set by Section 77 of the Constitution and present themselves at MEC's registration centres, but do not have proof of eligibility issued to them, are assisted to register in its database and given a unique identifier in line with the requirements of Section 12 of the Act and then allowed to register as voters thereafter.
The Act, in its current status, mandates MEC to accept only the National Identity Card as the sole qualifier and identifier for individuals registering to vote in public elections governed under this Act.
Justice Mambulasa
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