Attorney General calls legal challenge to MEC “moot”

The High Court in Blantyre has on Monday heard an application from five individuals seeking to halt the Malawi Electoral Commission (MEC) from using national identity cards as the sole form of identification in its voter registration process.

The registration exercise began on Monday as part of preparations for the 2025 general elections.

The claimants—George Chipwaila, Geoffrey Banda, Alex Dimba, James Chitsulo, and Crino Masulani—argue that relying solely on national IDs excludes eligible voters who do not possess one. They contend that many Malawians who qualify to vote are at risk of being disenfranchised simply because they lack the necessary identification.

In their legal argument, the group is challenging Section 12 of the Presidential, Parliamentary, and Local Government Elections Act of 2023, which mandates the use of national IDs for voter registration.

They assert that this section contradicts Section 77(1) of the Malawi Constitution, which outlines broader rights to vote.

The individuals are represented by a legal team consisting of Felix Tambulasi, former Attorney General Kalekeni Kaphale, and Bob Chimkango.

Their argument hinges on the premise that the MEC’s decision to enforce the national ID requirement disproportionately impacts Malawians who do not have easy access to the national registration process, violating their constitutional right to vote.

Tambulasi explained that the injunction if granted, would serve as an immediate remedy while a constitutional case challenging the law’s validity is still pending certification by the Chief Justice.

“The court must take into account the rights of all eligible voters, including those without national IDs when making its determination,” Tambulasi told Capital FM.

“We are seeking this injunction as a protective measure for voters who are being unfairly excluded from the registration process simply because they lack a national identity card. Until the Constitutional Court hears our full case, the current voter registration rules need to be suspended.”

However, MEC’s defense team, led by Attorney General Thabo Chakaka Nyirenda and lawyer David Matumika Banda, is urging the court to dismiss the claims, describing the case as “moot.”

Nyirenda argues that the law is clear and that the use of national IDs helps secure the integrity of the voter registration process by preventing fraud.

He insists that Section 12 is consistent with the Constitution, adding that the national ID requirement is part of MEC’s strategy to ensure that only eligible citizens vote.

In court, Matumika Banda demonstrated how Section 12 aligns with Malawi’s legal framework, emphasizing that the requirement is not arbitrary but designed to streamline voter identification.

He also expressed concern that granting the injunction could derail the voter registration timeline ahead of the upcoming general elections.

“The claims lack legal merit and fail to acknowledge the importance of using national identity cards as a transparent means of verifying voter eligibility,” Matumika Banda stated.

Attorney General Nyirenda further argued that the application was “moot,” meaning the case lacks significance or legal standing.

He suggested that the claimants’ argument of disenfranchisement is overstated, and the current system works effectively to register legitimate voters.

“This case holds no real substance. The law is clear, and the use of national identity cards ensures that our elections remain credible. Suggesting that this requirement violates rights is a misinterpretation of the Constitution.”

The registration, which began on Monday in selected areas, is part of the commission’s preparations for the 2025 general elections.

If the injunction is granted, MEC will be forced to halt the process until the constitutional case is resolved. On the other hand, a dismissal of the application would allow MEC to proceed uninterrupted.

Judge Mandala Mambulasa is expected to deliver his ruling on the injunction this Friday.

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