Development Law and order

Malawi govt asked to consult widely before extending legislators,councilors tenure

Billy Banda of Malawi Watch in the middle

By Elijah Phompho

BLANTYRE-(MaraviPost)-Civil Society Organisations(CSOs) have asked Government to engage the citizenry and all key stake holders before extending Member of Pariaments’ (MPs) tenure with one year and shift the parliamentary elections from 2024 to be held in 2025 alongside presidential and Councillors elections .

The development follows the Constitution court ruling which nullified former President Peter Mutharika’s re-election in the 2019 presidential elections and was replaced by President Dr Lazarus Chakwera in a fresh presidential election on 23rd June this year and his five year constitution mandate ends till 2025.

However both the MPs and councilors constitution mandate expires in 2024 with their elections scheduled the same year creating a Constitution crisis which stipulates for a tripartite elections in every five years.

However the court through its February ruling further directed Parliament to come up with electoral amendments bills aimed at guiding on when the country shall hold the next elections after the 2019 and 2020 parliamentary and fresh presidential polls respectively.

But speaking in an interview on Wednesday, Billy Banda of Malawi Watch said it would be ideal for government to engage the citizenry either thorough a Constitution forum or referendum before tabling such electoral amendments bills in Parliament.

“If the MPs are to stay in office for longer than their five years term , it would require the consent of electorates. It would require to convene either a Constitution conference or referendum before tabling such amendments in Parliament since its about changing the Constitution” said Banda.

Banda further said any constitution amendments should not be rushed through in Parliament saying the ruling MCP should not take advantage of its ruling status and take advantage of DPP MPs since they are no longer in government to pass such bills saying doing so shall tantamount to ripping a republican constitution.

Ceaser Kondowe a social commentator also collaborated Banda’s remarks suggesting that the country should just hold tripartite elections in 2024 to avoid confusion.

On his part a legal expert John Gift Mwakhwawa said that it will be up to parliament to come up with laws for the country to hold parliamentary and local councils in 2024 separate from presidential elections in 2025 or for the country to have tripartite elections in 2025.

A political expert however Rafik Hajat said extending MPs tenure would denie an opportunity of development to electorates whose MPs are not delivering saying if the MPs were to amend the Constitution to extend there tenure they should also reinstate a recal provision so that the MPs who would not deliver should be voted out .

There has been no immediate response from government.