“While the remedy of judicial review remains available, it must not be used.”Attorney General, Chikosa M. Silungwe, PhD
After getting into the Presidency through judicial rulings that saw the Judges Interpretation of the Guiding constitutional law twisting into tortured logic, Lazarus Chakwera was not satisfied but wanted to get more pound of the fresh by extracting vengeance against DPP MEC Commissioners in the name of Namathanga and Flamboyant Kunje.
However, the need for punishing his enemies appears to be backfiring. Against the advice of his own Attorney General, Chikosa M. Silungwe, PhD who warned about firing the two and the constitutional fireworks that would follow..
Chikosa M. Silungwe warned in a letter saying. “ I submitted an opinion regarding Commissioner Kunje and Commissioner Mathanga to the Office of the President and Cabinet under the cover of my letter of 20 August 2020.”
“I have enclosed the opinion. In sum, I opined that when all the facts are considered, Government must opt to be bound by the appointment of the reconstituted Electoral Commission. I am fortified that this is NEATER AND MATURE POLITICAL PRAGMATISM.”
“I urge the Secretary to the President and Cabinet, who is in copy, to formally write Commissioner Kunje and Commissioner Mathanga on their appointment.”
The Constitutional court case that brought Lazarus Chakwera into power still raises many questions about the Judgement and the Malawi Judiciary.
Malawi changed ruling parties nearly nine months ago in an election rerun that left a sour taste in the mouths of DPP supporters. The 2019 elections were set aside for, according to the courts, two reasons: first irregularities, and secondly failure to fulfil the 50% + 1 concept. To most DPP supporters, these reasons were problematic because the 2020 elections results ended up mirroring the 2019 results. The only difference between the two being that there were coalitions in 2020. So, if two elections ended with the similar results, and the 2020 elections being certified as free of any vote tampering, then it should go without saying that vote tampering was also unlikely in 2019 … otherwise the results would be different.Cedrick Ngalande, PhD
We know that in Chief Justice Nyirenda, Lazarus has an ally who writes opinions that always appear to be dictated by him.
However, for now it is refreshing to see Lazarus Chakwera sweat from a mess of his own making. No assist from the DPP.