By The Forum

Court injunctions and applications for judicial review rarely arrive one at a time in Malawi. They often come in waves. The latest involves the Malawi Electoral Commission (MEC), which has filed for a judicial review of an executive order directing it to relocate its headquarters from Lilongwe back to Blantyre.

MEC was among four parastatal bodies President Peter Mutharika ordered in October 2025 to move their headquarters from Lilongwe to their former locations in Blantyre and Zomba, a move the President said was intended to restore “regional balance and administrative efficiency.”

The directive, formalised through Executive Order No. 1 of 2025, was one of Mutharika’s first major policy decisions after winning re-election in September last year. During the campaign, he pledged to reverse what he described as politically motivated relocations under the previous administration of President Lazarus Chakwera, arguing they prioritised politics over national interests.

In a statement issued on Thursday, MEC said that after formally receiving the order on December 9, 2025, it filed an application with the High Court seeking judicial review of the directive.

According to the Commission, the decision followed a careful review of the legal framework governing its operations, particularly Section 76(4) of the Constitution and Section 6(1) of the Malawi Electoral Commission Act.

“Through this application, the Commission seeks a definitive clarification from the Court on whether the directive to relocate its Head Office constitutes unlawful interference with its constitutional and statutory powers, functions and duties,” reads part of the statement. “The Commission is also seeking interim relief to ensure that, while the judicial review remains pending, it continues to operate from its current location in Lilongwe.”

Attorney General Frank Mbeta said government will oppose the application, arguing that President Mutharika acted within his constitutional mandate. However, Mbeta noted that he had not yet been formally served with the court papers.

During the campaign, Mutharika argued that the relocation of government institutions from Blantyre — Malawi’s commercial hub — and from the former administrative capital, Zomba, had “suffocated economic vibrancy” in the southern region, calling the move “unnecessary and unjust” to local communities.

Under the executive order, the Malawi Communications Regulatory Authority (MACRA), Malawi Housing Corporation (MHC) and MEC were directed to relocate to Blantyre, while the Malawi Prison Service (MPS) was ordered to move back to Zomba.

The relocation process took effect on October 10, 2025, and was expected to be completed within 90 days. While the decision was welcomed in parts of the southern region as a long-overdue correction, governance analysts cautioned that the exercise could face administrative and budgetary challenges.

To date, MACRA, MHC and the Malawi Prison Service have already relocated their headquarters to their former bases.

The legal challenge has also revived criticism that Malawian courts grant too many injunctions, often slowing down government programmes.

“I don’t really understand what MEC is trying to achieve,” said Greg Chadzunda, a keen observer of political developments. “If the President himself was still operating from Blantyre, I would argue differently. I just hope this is not about senior MEC officials putting personal interests ahead of national considerations.”

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Also Read: Rebalancing: Mutharika relocates key parastatals to Blantyre and Zomba