The High Court has adjourned a high-profile case between the Malawi Electoral Commission and a group of claimants, with judgment now expected on 3rd September.
The case, which has attracted public interest for its implications on the 2025 general elections, was expected to proceed to a full judicial review. Instead, the court considered two fresh applications. The claimants asked the court to end the case early as the Commission failed to file its defence on time, while the defendants — supported by the Attorney General — applied to cancel permission for the judicial review altogether. The ruling on these matters will be delivered in September.
Lawyer Felix Tambulasi, representing the claimants with Senior Counsel Dr Kalekeni Kaphale and Counsel Bob Chimkango, welcomed the court’s timetable. “We applaud the court for assuring us that the judgment will be given on 3rd September. It is a very short period, but we commend the court for its effort,” he said. He added that his clients want transparency, arguing that the Commission acted unfairly by refusing an independent audit of the system.
The Attorney General, Thambo Chakaka Nyirenda, however, expressed confidence in the process and defended the Commission’s position.
“The rules of procedure give a defendant the right to challenge any process if irregularities are identified,” he said. “You come to court where there is a real wrong. You don’t come to court based on speculations or assumptions.”
At the heart of the dispute are three decisions by the Commission: its refusal to allow an audit of the system, the method of voter identification, and the use of Smartmatic technology to transmit results.
The claimants argue these decisions are unlawful, while the Attorney General believes they are legal and necessary for a faster, more modern process.
Timing remains a concern for both sides. with elections due on 16th September 2025, the Attorney General warned that late challenges could disrupt the electoral calendar.
The court’s ruling on 3rd September will decide whether the judicial review proceeds or ends.
By Mercy Zamawa
