Court dismisses dismissal bid in MEC, NRB contempt case

Blantyre High Court Judge Allan Muhome has dismissed an application by Attorney General Thabo Chakaka Nyirenda to have a contempt of court case involving the Malawi Electoral Commission (MEC) and the National Registration Bureau (NRB) thrown out.
The case is now set to proceed, with a date for the next hearing expected to be announced soon.
The case, spearheaded by five individuals led by George Chipwaila, accuses MEC and NRB of failing to comply with a court directive issued on October 25, 2024.
The ruling had ordered the two institutions to implement measures ensuring all eligible voters could register for the September 16 polls, in line with Section 77 of the Constitution and the Presidential, Parliamentary, and Local Government Elections Act of 2023.
Attorney General Nyirenda argued for the case’s dismissal on grounds that it lacked sufficient interest to proceed.
However, Judge Muhome ruled otherwise, emphasizing the importance of addressing whether the court’s directives were fully complied with.
“The liberty of the subject is involved, and procedural rules must be strictly adhered to. This Court finds no merit in dismissing the case at this stage,” reads part of Judge Muhome’s ruling.
Chipwaila and his co-applicants allege that MEC and NRB failed to fulfill the court’s instructions to ensure accessibility for all eligible voters.
They claim procedural gaps remain, preventing many from registering.
The October 2024 ruling, delivered by Justice Mandala Mambulasa, had mandated MEC and NRB to accommodate eligible voters without national identity cards to register in the voters roll.
The plaintiffs contend this provision has not been implemented as directed.
The court will set a date to continue hearing the case, with Judge Mhone expected to address the substantive issues regarding MEC and NRB’s compliance.