BLANTYRE-(MaraviPost)—As uncertainty remains on the prospects of having election before July 3 as per the Constitutional Court’s order, the ruling Democratic Progressive Party (DPP) has been assured of maintaining its grip on the country’s steering even after the expiry of specified 150 days within which the court ordered Malawi Electoral Commission (MEC) to hold a fresh presidential election.
One of the senior members in the ruling DPP has confided with Maravi Post that “even if the court decides to act contrary to section 83(1) of the Republican Constitution by removing Peter Mutharika and Saulos Chilima from the office president and vice president respectively, DPP will still be in charge of the affairs of the country by evoking section 83.”
Section 83(1) reads: “The President shall hold office for five years from the date that his or her oath of office is administered, but shall continue in office until his or her successor has been sworn in.”
Going by that section, President Peter Mutharika is of the view that he will continue executing presidential duties in the event that the fresh presidential election is not held within the specified period, an idea that is in sharp contrast to the opposition parties’ expectation.
Mutharika, who has already vividly displayed his unwillingness to have the court sanctioned election by July 2, warned the Judiciary on Friday last week against declaring his office vacant after 150 days, arguing that action is tantamount to treason.
According to the Constitution the president can only be removed from office through impeachment process in the Parliament.
But according to impeccable sources, the Peter Mutharika cabinet has already unanimously agreed to have Kondwani Nankhumwa and Bright Msaka as Acting President and Acting Vice President in the event that the Court declares Mutharika ineligible to hold the office.
“As Cabinet members we have already thoroughly discussed and capable individuals have been chosen among us to take over in the unlikely event that our beloved leader is removed from office. You know Malawi is guided by the Constitution, so section 85 is clear on what to be done when that situation arises,” said DPP senior member on condition of anonymity.
Section 85 of the Constitution states that “If at any time both the office of President and First Vice- President become vacant then the Cabinet shall elect from among its members an Acting President and Acting First Vice-President who shall hold office for not more than sixty days or, where four years of a Presidential term have expired, for the rest of that Presidential term.”
In 2018 Nankhumwa enjoyed much favours from President Peter Mutharika after the president partied ways with his vice, Saulos Chilima.
At one point, Mutharika shunned the state Vice President and left the leadership mantle in the hands of Nankhumwa who was by then the Minister of Local Government and Rural Development Kondwani Nankhumwa, as the president left the country for China.
As per-tradition, Chilima was expected to see off his boss at the Airport but this did not happen due to misunderstandings between the two over the party’s leadership ahead of the forthcoming 2019 tripartite election.
Nankhumwa went on to inspect the military parade.
The revelation from the ruling comes barely a day after Parliament agreed on having the much touted fresh election on June 23 amid protests from the government side who are obviously not comfortable with the election.
On February 3, five judges sitting as the Constitutional Court overturned the results of the election riddled with irregularities. The historic ruling was validated by Malawi Supreme Court of Appeal.
Since then, the ruling DPP has been playing delaying tactics in a bid to cling to power.
Rather than implementing the ruling, President Peter Mutharika has refused to ratify the electoral reforms passed by Parliament and directed by the court.
Surprisingly, Mutharika has appointed new Malawi Electoral Commission (MEC) chairperson and other six commissioners without much ado.
The newly appointed MEC Chairperson Justice Chifundo Kachale has vowed to restore public trust which the electoral body lost during the May 2019 Tripartite Elections.
Kachale, who has succeeded Justice Jane Ansah who stepped aside two weeks ago after the court found the commission incompetent, said he was fully aware of the responsibility that comes with the oath and promised to deliver services that will earn the trust and confidence of the country’s citizens.
Asked whether the commission has ample time to prepare for the fresh presidential election as ordered by the Constitutional Court, Kachale said the commission is expected to hold its first meeting today Wednesday where it will be briefed on the state of preparedness regarding the fresh presidential election.
“Thereafter, we will brief the media within the next two days as to what do we have to execute the plans that have been committed to us as a new electoral commission,” explained Kachale.
The previous MEC commissioners’ contract expired on June 5, while Ansah stepped aside after both the Constitutional Court and the Supreme Court of Appeal ruled that the May 21 2019 presidential election was marred by gross irregularities and further ordered a fresh election within 150 days of the February 3 ruling.
President Peter Mutharika appointed the new commission on Sunday.
