By Twink Jones Gadama
A constitutional storm is brewing in Malawi as President Lazarus Chakwera’s term of office came to an end in May 2024, sparking heated debates about his legitimacy to remain in office.
According to Old Man Malinga, a renowned constitutional expert, based in South Africa, Chakwera’s stay in office is not supported by law, and the country should have conducted general elections to elect a new Parliament before September.
The controversy revolves around Section 67(1) of the Constitution, which stipulates that a presidential term runs concurrently with the National Assembly term.
This provision is meant to ensure that the President and the National Assembly are elected simultaneously, thereby maintaining the balance of power and promoting accountability.
However, Chakwera’s administration has been accused of attempting to subvert this provision by amending Section 68(1) of the Constitution, which deals with the dissolution of Parliament.
The amendment, which was made without a referendum, has been deemed illegal by Old Man Malinga and other constitutional experts.
“The Constitution is clear that a presidential term runs concurrently with the National Assembly term,” Old Man Malinga explained. “By attempting to amend Section 68(1) without a referendum, Chakwera’s administration is trying to undermine the Constitution and extend their stay in office illegitimately.”
The implications of Chakwera’s illegitimate stay in office are far-reaching and have sparked widespread outrage among Malawians.
Many are calling for the immediate dissolution of Parliament and the conduct of general elections to elect a new President and National Assembly.
“We cannot allow Chakwera to continue ruling our country illegitimately,” said Human Rights activist Pastor Moses Shumba. “We demand that he steps down immediately and allows the country to hold free and fair elections.”
The situation has also raised concerns about the independence of the judiciary and the ability of the courts to uphold the Constitution.
Old Man Malinga has called on Malawians to petition the High Court to declare a vacancy in the office of the President and to immediately dissolve the Parliament elected from the 21 May, 2019 general election.
“The judiciary has a critical role to play in upholding the Constitution and ensuring that the rule of law is respected,” Old Man Malinga said. “We urge the courts to act swiftly and decisively to address this constitutional crisis.”
As the situation continues to unfold, Malawians are holding their breath, waiting to see how the constitutional crisis will be resolved. One thing is clear, however: Chakwera’s illegitimate stay in office has sparked a national debate about the importance of upholding the Constitution and respecting the rule of law.
In a related development, Chakwera has been quoted as saying that he deserves a second term in office
However, this claim has been met with widespread skepticism, given the controversy surrounding his illegitimate stay in office.
As the country teeters on the brink of a constitutional crisis, one thing is clear: the future of Malawi’s democracy hangs in the balance.
Will the judiciary rise to the challenge and uphold the Constitution, or will Chakwera’s administration succeed in subverting the rule of law?
