Court upholds MEC relocation order as attorney general demands immediate move to Blantyre

Attorney General Frank Mbeta has directed the Malawi Electoral Commission (MEC) to immediately begin relocating its headquarters from Lilongwe to Blantyre following a High Court ruling that upheld President Peter Mutharika’s October 2025 Executive Order.

The development follows a judgment delivered by High Court Civil Division Judge Kenyatta Nyirenda, who dismissed an application by three applicants seeking to stop the implementation of the presidential directive and commence judicial review proceedings against the decision.

The ruling effectively clears the way for the government to proceed with the controversial relocation plan, which has sparked debate among political stakeholders and governance observers since it was announced last year.

Speaking to Malawi24 following the court ruling, Attorney General Mbeta said the Executive Order remains legally binding and must now be implemented without delay.

“The Executive Order is still in force and MEC has to relocate to Blantyre,” said Mbeta.

According to court records, the applicants had asked the court to grant leave for judicial review and suspend implementation of the directive, arguing that the decision required further legal scrutiny.

However, Judge Nyirenda dismissed the application, ruling that the applicants had failed to establish sufficient grounds for the court to intervene.

The judgment is being viewed as a major legal victory for the government, which has consistently maintained that the President acted within his constitutional and administrative powers when issuing the relocation directive.

President Mutharika announced the order in October 2025 as part of what the government described as broader public sector reforms aimed at decentralising key national institutions and promoting administrative efficiency.

Government officials have previously argued that relocating MEC to Blantyre would help ease congestion in the capital city while strengthening the institution’s presence in the country’s commercial hub.

However, critics of the move have questioned the timing and motivations behind the decision, particularly ahead of major electoral processes.

Some stakeholders have also expressed concern over the financial and logistical implications of relocating the electoral body’s headquarters.

Despite these concerns, the High Court ruling now places pressure on MEC to comply with the directive unless another legal challenge is successfully pursued in a higher court.

So far, MEC has not yet started the relocation process.