By Mercy Matonga:
What began as a dispute over the relocation of the Malawi Electoral Commission’s (Mec) offices has evolved into months of legal battles, office closures, police investigations and now a contempt of court application against senior government officials.
The rapid succession of events has fueled speculation about whether the government and the country’s electoral body are headed for an institutional showdown or whether the developments are simply the result of unrelated legal and administrative processes unfolding at the same time.
The latest development saw the Malawi Congress Party (MCP), Mzimba South Member of Parliament Emanuel Chambulanyina Jere and two others file a contempt of court application against the Chief Secretary to the Government and the Ministry of Lands and Urban Development.
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According to an application filed by the applicants’ lawyer, Jivason Kadzipatike, the respondents allegedly failed to facilitate payment of rent by the Ministry of Finance for Mec’s Njewa warehouse, resulting in its closure by the Sheriff.
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“Deliberate neglect by the Respondents to facilitate payment of rentals by the Ministry of Finance for the Malawi Electoral Commission for the Commission’s Njewa warehouse which has resulted in the closure of the warehouse by the Sheriff of Malawi, acting on a Warrant of Distress obtained by the landlord, Azmy Ali Jawad;
“Deliberate neglect by the Respondents to expedite, facilitate or process and or authorize the renewal of tenancy for Capital Development Limited premises being rented for the Malawi Electoral Commission on Plot No. 13/116 in the City of Lilongwe,” reads the application.
In his sworn statements, Kadzipatike, among others, said the conduct of the Respondents (government) has the obvious effect of forcing the Malawi Electoral Commission to relocate to its offices in Blantyre as intended by the President of the Republic of Malawi in the issued Executed Order which is contrary to the injunction that restrains the two from taking any step from relocating Mec to Blantyre and other places.
“Likewise, the Respondents are the public officials responsible for facilitating or processing or ensuring that the operations of the Malawi Electoral Commission are not disturbed or that the Malawi Electoral Commission is not forced to either way relocate to Blantyre before the substantive proceedings herein are had, conducted and finally concluded,” reads part of the sworn statement.
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While the government has not admitted that the events surrounding Mec are linked to the commission’s decision not to relocate to Blantyre following the executive directive, it argues that Mec failed to engage it after the directive was issued.
Chief Secretary to the Government Justin Saidi, who declined to comment on several issues because the matter between the government and Mec is before the court, said the commission never responded to the directive.
“Mec never reached out to us on their decision, so government is just acting on its decision,” Saidi said.
In a separate interview, Attorney General Frank Mbeta said the investigations police are conducting in relation to Mec should not be construed as government interference in the commission’s operations.
He told Malawi News that the issues surrounding the closure of the commission’s offices were not connected to the conduct of elections, arguing that the relocation is a fiscal policy matter.
“The commission’s independence is in matters relating to elections, but the relocation falls under fiscal policy, which is overseen by the Executive. The Executive issued the directive, and Mec was not the only institution affected. So, the relocation is a fiscal, not an election-related matter,” Mbeta said.
Mec spokesperson Sangwani Mwafulirwa had not responded to questions by press time.
Civil Society Elections Integrity Forum (CSEIF) described the sealing of Mec’s warehouse at Njewa in Lilongwe over alleged unpaid rental obligations as disturbing.
In a statement, CSEIF chairperson Benedicto Kondowe said both government and MEC have a legal and moral duty to honour their contractual obligations.
“This is about whether Malawi is prepared to protect the independence of the institution that protects the people’s vote.
“An Electoral Commission should never be reduced to operating at the mercy of delayed approvals, funding bottlenecks or administrative paralysis,” Kondowe said.
He added that no constitutional institution should be forced into operational uncertainty because of failures in public financial management.
In a directive dated October 10, 2025, President Peter Mutharika ordered that the headquarters of Mec should return to Blantyre.
In a public notice dated January 28, 2026, Mec said it had challenged the directive through judicial review, arguing that it undermines its constitutional and statutory independence.
Mec’s case relies on Section 76(4) of the Constitution and Section 6(1) of the Malawi Electoral Commission Act, arguing that decisions such as the location of the commission’s headquarters cannot be dictated unilaterally by the Executive.
