The dispute over MEC’s headquarters has evolved into a broader test of executive power, with the Supreme Court expected to decide whether the President can order an independent electoral body to relocate.

By Edwin Mauluka

The Malawi Electoral Commission (MEC) says it will wait for the courts to determine the legality and constitutionality of a presidential directive ordering the electoral body to relocate its headquarters from Lilongwe to Blantyre.

Speaking in Lilongwe on Monday, MEC chairperson Anabel Mtalimanja said the Commission’s position remains unchanged pending a definitive ruling by the Supreme Court of Appeal.

“As we speak now, the position of the Commission remains that we need to have the constitutionality and legality of the executive order definitively determined by the court. Once that is done, then the way forward will speak for itself,” she said.

The Supreme Court is expected to rule on whether the President has the authority to direct an independent constitutional body such as MEC to relocate its headquarters.

“If the court determines that the presidency has powers to order MEC around, then that would be the end of the matter. As it is, no court in Malawi has settled that question,” Mtalimanja said.

MEC initially challenged the directive in the High Court. However, the court dismissed the matter on procedural grounds, ruling that the Commission had missed a key filing deadline. MEC maintains that the court focused on timing issues and did not adequately address the constitutional questions raised in the case.

Mtalimanja also said the Ministry of Finance remains legally obligated to provide funding for office accommodation regardless of where the Commission is based. Her remarks follow a recent eviction notice issued to MEC at Development House in Lilongwe after an accommodation offer from property owner Capital Developments Limited (CDL), managed by MPICO plc, expired.

Meanwhile, United Nations Resident Coordinator in Malawi Rebecca Addah-Dontoh cautioned against interference in the Commission’s operations, stressing the importance of safeguarding its independence.

“For an institution like MEC to remain independent and maintain the highest integrity, it should not receive interference — not from the UN, not from any other partners, and not from any institution,” she said.

Addah-Dontoh urged stakeholders to work together to strengthen MEC’s operational independence and ensure it is adequately resourced.

“MEC should be empowered to be impartial and for the public to be able to trust it. I think it’s one of the reasons why we had this peaceful political transition. Because by and large, their conduct at the end of the day was trusted,” she added.

Under Executive Order No. 1 of 2025, President Peter Mutharika directed the Malawi Communications Regulatory Authority (MACRA), Malawi Housing Corporation (MHC) and MEC to relocate their headquarters to Blantyre, while the Malawi Prison Service (MPS) was ordered to return to Zomba.

The relocation process took effect on October 10, 2025, with institutions expected to complete the move within 90 days.

Mutharika said the directive fulfilled a campaign promise to reverse what he described as politically motivated relocations undertaken during the administration of former president Lazarus Chakwera. He argued that moving institutions away from Blantyre, Malawi’s commercial capital, and from the former administrative capital, Zomba, had weakened economic activity in the southern region.

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

MEC, however, has maintained that its challenge is rooted in law rather than logistics. In December 2025, the Commission said it had sought judicial review after examining the legal framework governing its operations, particularly Section 76(4) of the Constitution and Section 6(1) of the Malawi Electoral Commission Act.

The Commission also requested interim relief allowing it to continue operating from Lilongwe while the matter remains before the courts.

Attorney General Frank Mbeta has since urged MEC to comply with the executive order and accept the High Court’s ruling.

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Mtalimanja in photo above

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