Tonse Alliance is not the first electoral alliance ever formed in Malawi. Many alliances have been instituted and broke even shortly after the elections.
For instance, Democratic Progressive Party (DPP) and United Democratic Front (UDF) alliance promised the electorate that there were plans to have long lasting working relationship including a possibility of forming a merger party.
Surprisingly, just soon after the elections, the Secretary of UDF said their alliance agreement no longer holds. That happens as political dynamics change. So too with Tonse Alliance agreement.
A number of people have weighed in as to give a rejoinder on what has transpired on the political scene.
The retired Professor of law, Edge Kanyongolo, cautioned Dr. Saulos Chilima’s proposal from removing the presidential immunity.
He said there was a purpose for such a presidential immunity which ultimately prevents the sitting president from being distracted by criminal proceedings which may culminate into political instability.
In the case of our court justice being slow like Bakili Muluzi’s case, Norman Chisale’s etc, you can imagine such an extended political instability.
I therefore concur with emeritus Prof. Kanyongolo that we need wider consultations and debates on the matter. It is my profound hope that Prof. Kanyongolo will continue to comment on matters of national interest from his retirement.
Another pat on the back was the timely statement from the Malawi Law Society (MLS) informing the general public that the Vice President Dr Saulos Chilima is not immune to criminal prosecution. MLS should continue clearing legal misunderstandings by the general public.
Another very notable contribution came from Professor Garton Kamchedzera. He advised Dr. Saulos Chilima to expeditiously seek legal interpretation on his eligibility to stand for presidential elections.
As Malawi legal system follows common law system, the verdict by the high court bars Dr. Saulos Chilima from standing as a presidential candidate having served two maximum terms in the office of the president as the vice president. With this uncertainty, it is absurd for Dr. Saulos Chilima to be fighting for the position of the torchbearer of Tonse Alliance in 2025.
Two last notable comments on Tonse Alliance agreement came from Enerst Thindwa and Hon. Kamlepo Kalua.
The advisory contribution from Mr. Enerst Thindwa, a political analyst, is that political party alliance agreements must be clinched in conformity with the Malawi Constitution. Any contractual agreement that contradicts Malawi Constitution is deemed null, void and invalid.
For instance, it is an invalid argument to force Dr. Lazarus Chakwera from contesting as the presidential candidate in 2025 because the constitution empowers him to do so. He is at liberty to stand again regardless of any Tonse Alliance agreements.
I don’t want to dwell on Mr. Eisenhower Mkaka’s rumblings of disowning the Tonse Alliance agreement for I found it not factual.
However, Hon. Kamlepo Kalua weighed in with two important messages.
The first message was that he advised the fighting factions in the Tonse Alliance to resolve their differences amicably and peacefully. They must see to it that the electoral alliance agreement is respected at all cost. This advice is commendable.
However, I don’t agree with him that any breach of contractual agreement between Dr. Lazarus Chakwera and Dr Saulos Chilima can rightly warrant for a call of fresh presidential elections. This is not backed by law. Malawi is not a lawless country.
The solution to this comes from Mr. Enerst Thindwa’s proposal that political party alliance agreement must be in tandem with the supreme Law, the Malawi Constitution.
Just to put this in a firm perspective, here were the political party leaders , Chakwera and Chilima, who concealed the contents of their alliance pact from the electorate. Yet they expected the voters to blindly vote for them. And they did.
Now that they have partied ways, Chilima now spills the beans. So they expect the same electorate to queue again for fresh presidential elections before 2025. For sure, that’s taking Malawians for granted.
You do not need to kill a child born outside the wedlock. Even if the political party alliance agreement were not in tandem with the Malawi constitution, 2020 fresh presidential election was legitimate, credible, free, fair and constitutional. No need for fresh presidential elections now.
Feedback send to rdzida@gmx.com
