High Court Dismisses Application for Judicial Review in DPP v. Malawi Electoral Commission & Andrew Mpesi

Judicial Review Cause no. 36 of 2022

 Between:

The State (On the application of

Democratic Progressive Party) - Claimant

-And-

Electoral Commission - Defendant

-And-

Mr. Andrew Mpesi - Interested Party

Blantyre – 20th August 2025

The High Court of Malawi has dismissed an application by the Democratic Progressive Party (DPP) seeking judicial review of the appointment of Mr. Andrew Mpesi as Chief Elections Officer (CEO) of the Malawi Electoral Commission (MEC).

Background of the Case

The DPP approached the Court seeking permission to apply or move for judicial review of MEC’s decision to appoint Mr. Mpesi as CEO. The party argued that:

• The appointed person is unqualified to be the Chief Elections Officer
• The appointed person participates in partisan politics
• The appointed person is an active member of Malawi Congress Party (MCP)

The DPP sought several reliefs from the Court, including declarations nullifying the appointment, an order of certiorari quashing the decision, and an interlocutory injunction restraining Mr. Mpesi from performing his duties until the case was determined.

The Defendant’s Case

MEC, through its Chairperson Justice Dr. Chifundo Kachale, opposed the application, arguing that:

• The appointment process was open, transparent, and competitive.
• Mr. Mpesi emerged as the most suitably qualified candidate.
• The DPP lacked sufficient legal interest (locus standi) to challenge the appointment, as only unsuccessful candidates in the recruitment process or candidates in the elections.
• The Chief Elections Officer operates under the Commission’s supervision and does not independently set or decide the Commission’s agenda.

The Interested Party’s Case

Mr. Mpesi also opposed the application, emphasizing that he is a qualified and professional political scientist. He claimed to have worked impartially in various professional capacities, including with USAID, Democracy Works Foundation, and the Centre for Multiparty Democracy, where he worked closely with all political parties in Malawi, including the claimant. He further emphasised that he has neither been a member of Malawi Congress Party nor has he been involved in any party activities other than to provide occasional advice to Rev. Dr. Lazarus Chakwera based on his background as a political scientist.

The Court’s Analysis and Findings

Justice Mambulasa determined three main issues:

1. Whether the DPP had sufficient interest (locus standi) to seek judicial review.
   • The Court held that the DPP had failed to show a specific right or legally protected interest that had been infringed by the appointment.
   • The party’s arguments were based on fears and speculation about future conduct, not on evidence of actual misconduct by Mr. Mpesi.
2. Whether permission to apply for judicial review should be granted.
   • The Court found that judicial review cannot be based on speculative future decisions.
   • No evidence was presented to show that Mr. Mpesi, in his role as CEO, had acted in a partisan or unlawful manner.
   • As such, the DPP failed to meet the threshold for judicial review.
3. Whether the application for an injunction could stand.
   • Since the main application for judicial review failed, the request for an interlocutory injunction also collapsed.

Decision of the Court

The Court has dismissed the DPP’s application for permission to commence judicial review and, consequently, its request for an interlocutory injunction.

Costs have been awarded to the Electoral Commission and Mr. Mpesi, to be agreed upon by the parties or assessed by the Registrar.

Made in chambers on 20th August, 2025 by Honourable Justice Mandala Mambulasa.

Access the ruling: https://www.judiciary.mw/node/770