The High Court in Lilongwe has dismissed an application by government to lift a stay of proceedings in a case challenging decisions linked to the proposed relocation of the Malawi Electoral Commission (MEC) from Lilongwe to Blantyre.
Justice Kenyatta Nyirenda dismissed the application on Thursday, 20 August 2026, and awarded costs to the claimants.
The case was brought by the Malawi Congress Party (MCP), together with Emmanuel Chambulanyina Jere, Abraham Mwakwwawa and Daniel Chitonya Mwanyongo.
They are challenging, among other things, a 27 February 2026 decision linked to the relocation of MEC and a 15 April 2026 decision not to renew the Commission’s tenancy for its Lilongwe premises.
Government had asked the court to lift the stay to allow it to challenge the permission granted for judicial review and seek the removal of other interim orders.
The defendants argued that they had not been given an opportunity to be heard before the initial orders were made and that they had strong grounds to challenge the judicial review proceedings.
The claimants opposed the application, arguing that the stay was required by law after the matter was referred for constitutional certification.
In its ruling, the court said the constitutional questions raised in the case are of “fundamental constitutional significance” and require proper determination through judicial review proceedings rather than summary proceedings.
The court therefore concluded that there were compelling reasons to dismiss the government’s application.
Read the whole ruling; wp-1787305987559
