Blantyre — In a critical ruling yesterday, the High Court in Blantyre dismissed a request for an injunction that sought to prevent the Malawi Electoral Commission (MEC) from enforcing the national ID as the exclusive identification for voter registration. The application was made by proxies of the opposition Democratic Progressive Party (DPP).
Presiding Judge Mandala Mambulasa ruled that the application by the claimants lacked merit. He highlighted that the issue at hand was whether such an interlocutory injunction should be granted to restrain the MEC from acting on section 12 of the Presidential, Parliamentary and Local Government Elections Act of 2023 (PPLGEA).
In pronouncing the ruling, the court emphasized that section 12 of the PPLGEA specifies that the national ID, issued by the National Registration Bureau (NRB), is mandatory proof of eligibility for voter registration. The claimants contended that this section contradicted the Constitution, urging the court to nullify it.
Judge Mambulasa, however, found no substantive grounds for the claimants’ argument, asserting that the statute merely reinforces existing constitutional requirements outlined in section 77. He noted that the law in the PPLGEA provides essential guidance to the electoral body as it executes its mandate of voter registration.
“Granting the requested injunction would lead the MEC to act in violation of established electoral laws,” Mambulasa stated, underscoring that allowing alternative proofs of eligibility could undermine compliance with constitutional edict.
The court acknowledged the importance of the NRB’s role, directing it to facilitate national ID registrations concurrently with the MEC’s voter registration efforts. Mambulasa also pointed out that the claimants still have time until November 9—when voter registration starts in Blantyre—to obtain their IDs.
MEC’s Director of Legal Services, David Matumika Banda, welcomed the ruling, emphasizing that granting the injunction would have disrupted the voter registration process. “We will collaborate with the NRB to implement measures ensuring that all eligible voters are registered,” Banda affirmed in a subsequent interview.
Felix Tambulasi, the attorney representing the claimants, expressed satisfaction with the court’s recognition of their clients’ voting rights, emphasizing the importance of safeguarding electoral participation in the nation.
The ruling marks a pivotal moment in Malawi’s electoral landscape as the MEC prepares for a significant voter registration drive amid ongoing debates surrounding the integrity of voter eligibility requirements.
