Justice Mambulasa Holds Key to Electoral Process

Justice Mandala Mambulasa of the High Court of Malawi, Civil Division in Blantyre, is poised to deliver a landmark ruling at 3 pm this afternoon, setting the tone for next year’s General Elections. 

The case involves five individuals seeking an injunction 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 provision 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.

Should the Court favour the five and grant the injunction, it would open another court battle where the claimants and the Malawi Electoral Commission (MEC), supported by Honourable Attorney General Thabo Chakaka-Nyirenda, would face off in the Constitutional Court. 

The Constitutional Court would be tasked with interpreting the constitutionality of the law in question. However, should the Court rebuff the claimants and dismiss their application, it would signify the end of the matter, allowing MEC to proceed with its business of administering the forthcoming elections uninterrupted.

The five claimants in the case, represented by private practice lawyers Felix Tambulasi, Bob Chimkango, and Dr. Kalekeni Kaphale SC, are George Chipwaila, Geofrey Banda, Alex Phillip Dimba, James Chitsulo, and Crino Masulani. 

Meanwhile, MEC is currently undertaking the voter registration exercise.