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The High Court in Lilongwe has dismissed the Government’s application to lift a stay on proceedings challenging the proposed relocation of the Malawi Electoral Commission (MEC) headquarters from Lilongwe to Blantyre.
In his ruling, Justice Kenyatta Nyirenda held that the constitutional issues raised by the Malawi Congress Party (MCP) and three of its members are of fundamental importance and should be fully determined through judicial review proceedings.
The case will now examine crucial questions surrounding the legality and constitutional limits of Executive Orders, the extent of the Executive’s authority to determine the location of MEC headquarters, and whether the proposed relocation could compromise or undermine the constitutional independence of the electoral body.
Government had argued that the claimants lacked sufficient interest to challenge the decision and that their application for judicial review had been filed outside the prescribed three-month period.
However, the court rejected the Government’s application, maintained the stay on the relocation and awarded costs to the claimants.
The ruling means the relocation of MEC headquarters from Lilongwe to Blantyre remains on hold pending the determination of the substantive constitutional and legal issues raised before the court.
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