Court Throws Out DPP’s Judicial Review Request Over MEC CEO Mpesi Appointment

Judge Mandala Mambulasa has dismissed the Democratic Progressive Party’s (DPP) application for a judicial review of Andrew Mpesi’s appointment as Chief Elections Officer of the Malawi Electoral Commission (MEC).

The ruling, delivered in Blantyre, stated that the DPP lacked sufficient legal interest to bring the matter before the court.

Justice Mambulasa noted that the party failed to demonstrate how Mpesi’s appointment infringed on its rights or freedoms.

During the hearing, Director of Public Prosecutions Masauko Chamkakala told the court that the DPP had questioned Mpesi’s political neutrality.

The party argued that Mpesi did not meet MEC’s requirement of being “apolitical,” citing his previous public support for the ruling Malawi Congress Party and President Lazarus Chakwera.

However, the judge ruled that the concerns raised were speculative and not grounded in legal substance.

He emphasized that courts should not be asked to adjudicate on moot or hypothetical issues.