Mutharika has the absolute power to fire General Maulana especially when some are agitating to use extraconstitutional means to dethrone him

LILONGWE, (MaraviPost): As the Main Opposition parties and Civil society in the country call for his resignation, Malawi President Peter Mutharika fired Army General Maulana. Once again the firing of Maulana has raised questions about his authority and the usual suspects and agitators are calling for the Presidents head on a platter.

According to the Malawi Constitution, The Responsibility for the Defence Force of Malawi, 13 of 2001, 4 of 2004(1) The ultimate responsibility for the Defence Force of Malawi shall vest in the President as Commander-in-Chief.

(2)        There shall be a Commander of the Defence Force of Malawi who shall be appointed by the President.

(3)        The Commander of the Defence Force of Malawi shall, in the day to day management of the Defence Force, be accountable to the Minister responsible for defence in whom shall vest political responsibility for the Defence Force of Malawi. (Malawi President Peter Mutharika)

(4)        Any power conferred on the President by virtue of this Chapter shall only be exercised on the recommendation of Defence Council which shall be constituted under an Act of Parliament and which shall include the Minister responsible for Defence and the High Command of the Defence Force of Malawi and which shall have—

(a)        the power to determine the operational use of the Defence Force of Malawi;

(b)        the power to appoint and remove from office senior officers and other members of the Defence Force of Malawi; and

(c)        such other powers and duties as may be prescribed by an Act of Parliament.

5          All powers conferred by subsection (4) shall be exercised subject to the scrutiny of a Defence and Security Committee of the National Assembly established by section 162.

6          The Defence Council may, by directions in writing and subject to such conditions as may be laid down by an Act of Parliament or as are adopted by the National Assembly on the recommendation of the Defence and Security Committee of the National Assembly, delegate to any member of the Defence Force of Malawi any of the powers conferred on the Defence Council by an Act of Parliament.

A fair reading of the above shows that Malawi President Peter Mutharika and others before him since the constitution was agreed upon have the absolute power to fire the Army General and many of them If not all of them have exercised this power without raising the Ire of the opposition as we see now.

Despite the powers conferred to the President, political analysts in Malawi have questioned President Peter Mutharika’s wisdom behind the deployment of the fired Malawi Defence Force (MDF) General Ignasio Maulana to National Food Reserve Agency (NFRA) describing the decision as undemocratic and misplacement of priorities.

Political analysts; Rafik Hajat and Henry Chingayipe reactions come barely a day after President Mutharika fired Maulana and replaced him with Supuni whose deputy is former army spokesperson Clement Namangale.

Even though President Mutharika was not required to give any explanations for firing the General, in his explanation for General Maulana firing, Secretary to the government, George Mkondiwa said Maulana was rightly placed at NFRA considering that maize kept at the institution needed comprehensive security amid food insecurity in the country.

Although Chief Secretary Mkondiwa justified Mutharika’s decision for the Malawi Army’s shake up, the two political commentators have different views which appear to go against the constitution. On this we dare say President Peter Mutharika is on solid ground.

The political commenters told Zodiak-the local radio on Sunday that President Mutharika should tread carefully when using his prerogative powers in government institutions.

The duo observed that such tendencies defeat tentacles of democracy, transparency and accountability from the head of state that always fire and develop public officers without giving explanations.

Political analyst Chingayipe said Mutharika’s decision was a lot to be desired which is a demotion for Maulana than explanation given.

Chingayipe observed that deployment was rightly to be manned by a mere police officer not necessarily the caliber of Maulana nor the Inspector General of Police.

“This deployment is surprising considering that there aren’t security lapses at NFRA that can guarantee the high profile individual from the army to head such an institution.

“Maulana was supposed to be entrusted with internal country’s security not a small institution like NFRA,” observed Chingayipe.

Echoing on the same Hajat, Institute of Policy Interaction (IPI)s Executive Director said the decision was the same as “powering a police officer with a gun to shoot an ant”.

Hajat said there is more to Maulana firing and deployment than reasons Mkondiwa has given which need to be avoided.

Maulana took over from General Henry Odillo who was dismissed by President Mutharika in June 2014. Supuni served as Malawi’s military attaché at Malawi Embassy in United Nations before he was appointed deputy commander.

The appointment of the new army commander comes after National Intelligence Bureau is been giving reports to President Mutharika that some opposition leaders are plotting to overthrow his government.