MEC Relocation Order Sparks Sharp Divide Over Electoral Independence
LILONGWE/MZUZU, Malawi— President Peter Mutharika’s directive to relocate the Malawi Electoral Commission (MEC) headquarters from Lilongwe to Blantyre has triggered a heated constitutional and political debate, with supporters defending the move as a legitimate exercise of executive authority while critics warn it threatens the independence and credibility of the country’s electoral body, write Phillimon Backson and Victor Musongole.
Human rights advocate Edwards Kambanje has emerged among those backing the relocation order, arguing that MEC’s constitutional independence does not exempt it from complying with lawful administrative directives issued by the State.
In an interview with AfricaBrief on Wednesday, Kambanje said public institutions must remain accountable to government authority regardless of their constitutional status.
“While institutions such as MEC must operate independently, that independence does not place them outside the authority of the State,” said Kambanje.
He added that MEC, as a taxpayer-funded institution, should comply with directives relating to administrative matters, including decisions concerning the location of its headquarters.
His remarks come amid continued resistance from MEC, which has questioned both the legality and constitutionality of the directive issued by the Presidency.
The controversy intensified after the High Court dismissed MEC’s application challenging the executive order. However, the commission maintains that the court’s decision was based on procedural grounds and did not address the substantive constitutional questions it had raised.
At the same time, a coalition of civil society organizations, governance advocates, faith leaders, academics and concerned citizens has rallied against the relocation plan, describing it as a threat to the constitutional autonomy of the electoral body.
Speaking during a press briefing in Mzuzu on Tuesday, the grouping argued that the issue extends beyond the physical location of MEC’s offices and touches on the integrity of Malawi’s democratic institutions.
“At stake is the constitutional independence of the institution entrusted with safeguarding the sovereign will of the people of Malawi through free, fair, credible, and transparent elections,” reads part of the statement presented during the briefing.
The coalition argued that the central question is whether an independent constitutional body can be subjected to executive direction in a manner that compromises both its actual independence and public confidence in its neutrality.
“The issue before the nation is therefore not where MEC should be located. The issue is whether an independent constitutional body can be subjected to executive direction in a manner that compromises both its actual independence and the public perception of that independence,” the statement reads.
The grouping further warned that relocating MEC from Lilongwe, the country’s administrative capital, could fuel perceptions of regional favouritism and undermine national unity.
“Lilongwe is the administrative capital and was chosen to reflect national unity. Relocating MEC to Blantyre without broad consultation risks feeding perceptions of regional favoritism. Elections must unite Malawians, not divide them along regional lines,” the statement added.
Chairing the briefing, Mervin Nxumayo questioned the rationale behind the current administration’s decision to reverse a relocation process that began during a previous Democratic Progressive Party administration.
“The relocation of MEC from Blantyre to Lilongwe did not originate under a different administration or political ideology. The process commenced during a Democratic Progressive Party administration, was advanced during the tenure of former MEC Chairperson Justice Jane Ansah, and was ultimately implemented under former MEC Chairperson Justice Chifundo Kachale,” said Nxumayo.
Responding to questions about why the coalition was speaking out while the matter remains before the courts, Reverend McBowman Mlagha said the group intends to strengthen public opposition to the directive.
“We just want to amplify the voices against the decision to relocate MEC offices. We are aware that it is in court,” said Mlagha.
Another member of the coalition, Edward Kantuseya, argued that the directive risks damaging public confidence in the electoral commission.
“The order, apart from being unconstitutional, will affect public perceptions of a constitutional institution that must remain independent,” he said.
President Mutharika issued Executive Order Number One on October 10, 2025, directing several parastatal organizations and public institutions, including MEC, to relocate from Lilongwe to Blantyre.
However, MEC has maintained its opposition to the move. In a statement released on April 8, the commission said it had not passed any resolution to relocate its headquarters, arguing that doing so before the courts determine key constitutional questions would undermine its institutional independence.
The commission previously sought judicial review at the High Court to determine whether the executive order constitutes unlawful interference with its constitutional mandate.
Although the court dismissed the application on February 27, 2026, MEC insists that the ruling did not address the constitutional issues at the heart of the dispute.
The commission has since appealed the judgment.
With legal proceedings ongoing and public opinion increasingly divided, the battle over MEC’s headquarters has evolved into a broader national debate about executive power, constitutional governance and the independence of institutions responsible for safeguarding Malawi’s democratic process.