The High Court has rejected an application aimed at preventing the Malawi Electoral Commission (MEC) from using national IDs as the only form of identification for voter registration.
Applicants George Chipwaila, Geoffrey Banda, Alex Phillip Dimba, James Chitsulo, and Crino Masulani sought an injunction against Section 12 of the Parliamentary, Presidential, and Local Government Elections Act, which mandates national IDs for voter registration. Represented by lawyers Felix Tambulasi, Bob Chimkango, and former Attorney General Kalekeni Kaphale, the group argued that this requirement infringes on citizens’ rights, referencing Section 5 of the Constitution, which invalidates laws inconsistent with the Constitution.
However, Judge Mandala Mambulasa ruled against the injunction, stating it would compel MEC to breach Malawi’s laws. He instead instructed the National Registration Bureau (NRB) to facilitate national ID registration alongside MEC’s voter registration efforts.
MEC’s Director of Legal Services, David Matumika Banda, welcomed the decision, noting that halting voter registration would have been “catastrophic.” Meanwhile, Tambulasi, counsel for the applicants, expressed satisfaction that the court recognized his clients’ voting rights and ensured they were upheld.
