The High Court in Blantyre has reserved its ruling until Friday, October 25, 2024, on an injunction application filed by five individuals challenging Section 12 of the Parliamentary, Presidential and Local Government Elections Act which mandates national IDs as the sole identification for voter registration.
The applicants, George Chipwaila, Geoffrey Banda, Alex Phillip Dimba, James Chitsulo, and Crino Masulani, argue that this requirement contradicts the Malawi Constitution, specifically Section 77, which guarantees citizens’ rights.
Their lawyers, Felix Tambulasi, Bob Chimkango, and former Attorney General Kalekeni Kaphale, contend that requiring national IDs infringes upon citizens’ rights and cite Section 5 of the Constitution, emphasizing that laws inconsistent with the Constitution are invalid.
In contrast, the Malawi Electoral Commission (MEC) defends led by Attorney General Thank Chakaka Nyirenda the law, arguing that it must comply with existing regulations. One of MEC’s lawyers, Matumika Banda, questioned the need for an injunction, noting that the claimants can obtain national IDs before registering as voters.
However, Tambulasi clarified that the claimants do not want an injunction to halt the voter registration, which commenced on Monday this week, but they are seeking temporary suspension of Section 12 of the PPGLE Act so that MEC should allow other forms of identification for voter registration.
Meanwhile, Justice Mandala Mambulasa has reserved the ruling for October 25, 2024. The ruling is expected to significantly impact Malawi’s electoral process, clarifying the requirements for voter registration and the interpretation of Section 12 of the Parliamentary, Presidential and Local Government Elections Act.
