High Court upholds National ID requirement for voter registration

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Malawi High Court in Blantyre

The High Court has dismissed an application seeking to block the Malawi Electoral Commission (MEC) from using national IDs as the sole identification for voter registration.

George Chipwaila, Geoffrey Banda, Alex Phillip Dimba, James Chitsulo, and Crino Masulani applied for an injunction challenging Section 12 of the Parliamentary, Presidential and Local Government Elections Act, which mandates national IDs as the sole identification for voter registration.

Through their lawyers, Felix Tambulasi, Bob Chimkango, and former Attorney General Kalekeni Kaphale, the five applicants 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.

However, presiding Judge Mandala Mambulasa ruled that granting the injunction would force the MEC to contravene the country’s laws. Instead, he ordered the National Registration Bureau (NRB) to provide registration services concurrently with the MEC’s voter registration exercise.

MEC’s Director of Legal Services, David Matumika Banda, welcomed the ruling, stating it would have been “catastrophic” to halt voter registration.

Tambulasi, counsel for the claimants, expressed satisfaction that the court acknowledged his client’s right to vote, ensuring their rights were protected.

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