By Deogratias Mmana:
Four years since the Democratic Progressive Party (DPP) challenged the appointment of Andrew Mpesi as Chief Executive Officer for the Malawi Electoral Commission, the case remains stuck in court.
Lawyer for the DPP Felix Tambulasi said the matter was concluded.
“We are just waiting for the judgement,” Tambulasi said.
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Administrative Secretary for the DPP, Francis Mphepo, said the party has made efforts to meet relevant bodies to ensure that the matter is definitively concluded.
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He said the party is concerned that while the country will have general elections in less than 100 days, a matter that is critical to those elections remains unresolved.
“We moved the court to nullify the appointment of Mr Mpesi as Mec Chief Executive Officer because we have evidence that he was a personal assistant of Dr. Lazarus Chakwera. He has since been working because of a court injunction.
“We still do not want him to hold that office. It is now four years since we commenced the case. We did everything. We even met the Chief Justice over the matter,” Mphepo said.
Judiciary spokesperson Ruth Mputeni said the case is pending judgement.
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“The judgement is currently being worked upon and will be delivered in due course,” Mputeni said.
The Catholic Commission for Justice and Peace has since expressed concern over the delay to pass a judgement on an issue that is critical to the elections.
“Indeed, the pending court judgment on the Mec CEO appointment is a concern, particularly given its potential implications for the electoral process.
“While we recognize the judiciary’s need for due diligence in handling such cases, the proximity to the elections underscores the urgency of resolving this matter to avoid any uncertainties,” CCJP National Coordinator, Lewis Msiyadungu, said.
He said CCJP’s primary concern is ensuring a credible and transparent electoral environment that fosters public trust.
“We appreciate that legal processes must follow their course but we also hope for timely clarity to allow all stakeholders including the Mec, political parties and voters to prepare with full confidence in the institution,” Msiyadungu said.
A recent pre-election assessment report dated May 12-16, 2025 by the African Centre for Governance on the Malawi elections observed that the case remains a matter of concern.
Reads the report: “The mission notes the existence of pending court case related to the appointment of the Chief Executive Officer of Mec.
“While it is not within the scope of this mission to make a determination on the matter, it highlights the importance of institutional processes being seen as impartial and in alignment with legal and constitutional standards.
“The ACG mission encourages continued efforts by all electoral stakeholders –Mec, the government, political parties, civil society, the judiciary and development partners –to build an inclusive, transparent and peaceful electoral environment that reflects Malawi’s democratic aspirations.”
The report encourages the judiciary to prioritise and expedite the adjudication of all pending electoral related cases ahead of the September 16 elections.
It says timely resolution of disputes particularly those related to candidate nominations, voter registration, electoral boundaries and political party conduct is essential to fostering legal certainty and ensuring a level playing field.
“Delays in judicial rulings risk undermining public confidence in the electoral process and may contribute to tensions among political actors. To this end, it is vital that the judiciary allocates, adequate resources, designates specialised electoral benches where possible, and adheres to clear timelines for hearing and resolving such cases.
“This will not only strengthen the rule of law but also enhance the credibility, integrity and legitimacy of the broader electoral process,” reads the report.
