MEC's bid to delay police probe rejected by Attorney General

Attorney General Frank Faroul Mbeta has thrown his weight behind the Malawi Police Service's investigation into allegations of financial mismanagement at the Malawi Electoral Commission (MEC), delivering a legal opinion that directly undermines the commission's attempts to delay the probe.

In a formal advisory to the Inspector General of Police dated 29 July 2026, seen by Nyasa Times, Mbeta made clear that police are acting entirely within their mandate to investigate the electoral body, dismissing suggestions that officers must wait for a formal response process to conclude first.

The Attorney General was unambiguous in his assessment, stating there exists no provision within the Public Audit Act requiring that an entity only be investigated after being given the opportunity to respond to audit queries.

The legal opinion directly contradicts MEC's own official position, with the commission having insisted that police investigations — along with any queries arising from the Auditor General's audit into the management of funds at the commission — should only proceed after MEC has accessed the preliminary audit report and formally responded to the issues raised within it.

But Mbeta firmly rejected that interpretation, arguing that the requirement to respond to concerns flagged in the Auditor General's preliminary report is entirely discretionary in nature, rather than a mandatory legal obligation that must be fulfilled before investigations can begin.

The advisory represents a significant blow to MEC's efforts to control the timeline of the investigation, and is likely to clear the way for police to proceed with their probe into the commission's finances without further delay.

The development comes amid heightened scrutiny of MEC's financial management, following earlier media reports revealing that the Auditor General had flagged over K5 billion in audit queries linked to councils and public institutions — a controversy that has already sparked political tension and accusations of leaked confidential documents.

With the Attorney General's opinion now on record, pressure is likely to mount on MEC to fully cooperate with investigators, as questions continue to swirl over the handling and oversight of public funds within one of Malawi's most sensitive institutions ahead of future electoral processes.