BLANTYRE-(MaraviPost)-Chiradzulu Midima Constituency Member of Parliament (MP)Jean Mathanga has raised concern over a growing hunger crisis in the constituency, revealing that more than 40 percent of residents are currently struggling to access food.
Mathanga made the remarks on Saturday when Faizan Global Relief Foundation (FGRF) distributed food packs to 1,500 vulnerable people in the area as part of efforts to cushion families from the worsening food shortage.
The lawmaker, who also serves as Minister of Energy and Mining, used the occasion to call on individuals, companies and humanitarian organizations to extend support to communities facing hunger.
She said many households in the constituency are going through difficult times due to climate shocks that have affected agricultural production.
According to Mathanga, erratic weather patterns have led to poor harvests, leaving a significant number of families without enough food to sustain them.
She described the situation as worrying and stressed that without additional assistance, many households may continue to face severe food shortages.
Mathanga commended Faizan Global Relief Foundation for responding to the needs of vulnerable people in the constituency, saying the intervention has brought relief to many struggling families.
The minister further urged other well wishers and organizations to follow the example set by the foundation and help ease the hunger situation in the area.
Apart from the food distribution, the organization also donated walking sticks to people living with physical disabilities in the community.
FGRF Director of Communications Ibrahim Omar Mataya said the initiative demonstrates the foundation’s commitment to supporting vulnerable communities and improving the lives of people in need.
LILONGWE—(MaraviPost)-Five months after President Peter Mutharika was sworn in for his second stint in office following his victory in the September 16, 2025, elections, the initial political honeymoon is well and truly over.
In what was described as a “war-time cabinet” needed to rescue a struggling economy, expectations were sky-high.
Now, as the government settles, a clear picture of who is delivering and who is struggling has emerged.
In an exclusive assessment, we evaluate the performance of the cabinet ministers rating them from 0 (lowest) to 10 (highest) based on visibility, policy impact, and delivery on their portfolio mandates.
Who needs firing?
The Top Brass: A Struggle for Relevance
At the apex of government, the performance of the two Vice Presidents tells a tale of contrasting challenges.
Dr. Jane Ansah (Vice President) is rated 4/10.
While highly qualified on paper, Dr. Ansah has struggled to carve out a political identity. Her tenure was immediately rocked by a public outcry over an expensive trip to the UK, which sources say was linked to her husband’s birthday.
Sources within Capital Hill indicate she has since been stripped of many key duties. “It is difficult to rate her when her office is largely directed by the State President,” one political analyst noted. It is becoming clear that the former jurist is yet to master the inner politics of the DPP.
Enoch Kamzingeni Chihana (Second Vice President) is rated 5/10.
Chihana’s position remains a political anomaly. Appointed as a thank you to the Alliance for Democracy (AFORD) for joining the Blue Alliance with the DPP, his role appears ill-defined . “Nobody knows what he is doing,” remarked a political commentator. While he attempts to stay relevant, his public addresses have been criticized for divisive rhetoric. In a struggling economy, many now view the office of a Second Vice President as an unnecessary drain on public resources, a sentiment echoed by analysts who previously questioned the need for the role .
The High Flyers (7/10 – 8/10)
While many are struggling, a handful of ministers have stood out for their competence and steady hands.
Leading the pack is;
Dr. Ben Malunga Phiri (Local Government and Rural Development) with a rating of 8/10.
Described as “always available and ready to work,” he appears to have a clear vision for decentralisation and grassroots development. This is despite past controversy surrounding his appointment, given his previous arrest on corruption charges in 2021 .
Dr. Jean Mathanga (Natural Resources, Energy and Mining) also scores an impressive 8/10.
She has been highly active since assuming the role. The government credits her with easing fuel problems, and she has been at the forefront of sorting out Malawi’s mining issues. However, the persistent electricity problems remain a major challenge that needs urgent work.
Joseph Mwanamvekha (Finance) and Honourable Roza Mbilizi Fachi (Agriculture) both secure a solid 7/10.
Tasked with the rescue of the Malawi economy, Mwanamvekha’s strategy looks promising so far, even if his focus on taxation is unpopular with the populace. He is experienced and has a vast network, though his reappointment raised eyebrows among donors due to past abuse of office charges.
Meanwhile, Fachi has settled into the Agriculture ministry extremely well. She “knows what she is doing” and is widely regarded as one of the best-performing ministers in a critical sector.
Bright Msaka (Education) and Honourable George Chaponda (Foreign Affairs) also rate 7/10.
Msaka is doing well, bringing his vast experience in running government to the education sector. Chaponda, a “seasoned diplomat,” knows the ins and outs of international cooperation. However, his return to the cabinet continues to stoke fears among international partners regarding impunity, following his dismissal during the “maizegate” scandal .
The Mediocre Majority (4/10 – 6/10)
The bulk of the cabinet falls into this category, showing glimpses of competence but hampered by controversies, lack of visibility, or political overreach.
Peter Mukhito (Homeland Security) gets a 5/10.
Expectations were high given his background as former Inspector General of Police. While he has sorted out the chaotic passport issues, high-profile cases—such as the killing of a medical doctor in Blantyre and the abduction of a businessperson—remain unresolved. Furthermore, political arrests of opposition figures have raised questions of political persecution, a charge also levelled against his deputy.
Norman Chisale (Deputy Minister, Homeland Security on Operations) also scores 5/10.
The President’s former bodyguard is accused of trying to juggle too many roles. While he has assisted in the passport crisis, his military background has not yet translated into visible security improvements. Critics accuse him of focusing on targeting opposition leaders rather than genuine criminals.
Shadrick Namalomba (Information) is rated 5/10.
Once a firebrand in opposition, he has lost some of his spark now that he is in government. While he is available to the media and responds to events on time, the promised reforms at the Malawi Broadcasting Corporation (MBC) are yet to materialize .
Madalitso Baloyi (Health) gets a 6/10.
A rare technocratic appointment, she has done well so far. However, she faces enormous headwinds, including a critical shortage of drugs in hospitals and the thorny issue of doctors who own private hospitals while working in public service.
Joel Chigona (Labour) gets a 6/10.
A known grafter, he is described as a man of action who talks less. However, he has been too quiet, failing to highlight his work in a ministry that carries heavy expectations. He is inevitably compared to his predecessors such as, Vitumbiko Mumba, who set a high bar for visibility and delivery in the Labour portfolio.
Alfred Ruwan Gangata (Sports) is rated 3/10.
A victim of constant reshuffling, he has moved from Minister of State, to Natural Resources, and now to Sports within five months. While vital for DPP dominance in the Central Region, he is a political novice who has a lot to learn before he self-destructs .
Feston Kaupa (Defence formely Transport) and Chimwemwe Chipungu (Lands) languish at the bottom with 4/10 and 3/10 respectively.
Kaupa is virtually unknown to the public, and crucial decisions on the state of Malawi’s roads are pending. Chipungu, moved from Defence, has not been heard of in terms of land reforms.
Outlook
President Mutharika had previously warned his team that there is “no time to feast,” declaring war on lazy and corrupt ministers.
With this mixed report card, it remains to be seen if the underperformers will be given time to improve or if the axe will fall in the next reshuffle.
For now, Malawians are watching, and the verdict is clear: loyalty alone will not fix the economy.
Disclaimer: The views expressed in the article are those of The author not necessarily of The Maravi Post or Editor
justices Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu
Malawians voted twice in presidential election following the nullification of 2019 election by Constitutional Court, a judgment which was upheld by the Supreme Court of Appeal, citing widespread irregularities. Fast forward, the opposition Democratic Progressive Party is in court challenging the victory of the incumbent president on grounds that Malawi Electoral Commission was not legally constituted when Lazarus Chakwera was declared a winner. This is according to Judge Kenyata Nyirenda verdict on commissioners Linda Kunje and Jean Mathanga.
Should we expect another fresh election? Legal commentator Rick Dzida weighs in. Enjoy the piece…
Malawi went to the polls on 23 June 2020 following the nullification of the 2019 presidential elections. The justification for annulling the presidential elections was purely the presence of mere irregularities which are usually present in all elections including parliamentary elections.
It was surprising that the court went ahead to nullify the presidential elections despite the fact that there was no evidence that the irregularities affected the votes of any presidential candidate. This was an evidence of judicial coup. Next was the misinterpretation of the word ‘majority’.
The Constitutional court simply pulled the meaning of the word ‘majority’ from a black law dictionary without considering our constitution. This was an argumentum ad dictionarium fallacy which prompts the arguer to substitute their reasoning power with a mere dictionary.
It is clear that Malawi Constitution does not provide room for run-off elections, another crystal clear indication that our constitution recognises the first-past-the-post strategy as a means to determine the winner. Furthermore, the Supreme Court of Appeal led by Justice Richard Banda had already ruled that the word ‘majority’ meant first-past-the-post paradigm.
The Constitutional Court, sitting at the lower level of high court, acted ultra vires by overriding the decisions of the highest court, the Supreme Court of appeal. All this happened under the mantle of Chief Justice Andrew Nyirenda who has the mandate now to certify any case as being constitutional in nature.
As if this was not enough, the Constitutional Court went further to bulldoze the 50+1 majority case law to be incorporated into our constitution. The National Assembly was directed to change the Constitution to accomodate the 50+1 majority case law. This breached the independence of three arms of government contrary to Malawi Constitution.
The duty of the Constitutional Court is to interpret the Constitution holistically so that some conflicting laws and misinterpretations are harmonised. The Constitutional Court has no mandate to legislate, a duty that falls under the ambit of the National Assembly which had already rejected the 50+1 majority paradigm. All this was happening again under the watch of Chief Justice Andrew Nyirenda who has the mandate to certify any case to be constitutional matter.
It is mind boggling as to why the Constitutional Court deliberately chose to bulldoze the 50+1 majority case law. The notion of 50+1 majority formed the theoretical basis for the judicial coup. Here was the jigsaw puzzle. Analysing the results of 2019 presidential elections, it was evident that the sum of the votes from Dr. Lazarus MacCarthy Chakwera and from Dr. Saulos Klaus Chilima was much greater than the total of the votes from other presidential candidates. The 50 +1 majority rule would force the parties to form electoral alliances. With this case at hand, it was highly likely that Dr. Lazarus MacCarthy Chakwera and Dr. Saulos Klaus Chilima would form an electoral alliance since they both had a common political agenda; that is to dismantle the DPP regime.
Voila!!! Results of the 2020 fresh presidential elections statistically followed the same pattern as those of 2019 presidential elections. This is an indication that there was no rigging in 2019 presidential elections.
Fast forward to the DPP vs Attorney General case which the CJ is yet to certify. The argument advanced by DPP in this case is very sound. The Malawi Constitution is supreme and any law that is in conflict with the Constitution becomes invalid.
The Constitution clearly states that there shall be a minimum of six members for the Malawi Electoral Commission,(MEC). The ruling by Judge Kenyatta Nyirenda that four DPP commissioners were unprocedurally appointed meant that the composition of MEC was unconstitutional.
During the time of fresh presidential elections, MEC was not legally constituted. Its membership was less than 6 legally, contrary to Malawi Constitution It is a clear fact that an unconstitutional MEC cannot make legally binding decisions. It follows that MEC’s decision to declare Dr. Lazarus MacCarthy Chakwera a winner may not be legally binding.
DPP has a good ground to challenge the results of the 2020 fresh presidential elections which were managed by an illegal and unconstitutional MEC. A million dollar question arises, should we expect fresh presidential elections considering that DPP has a strong case? Only the court has a final determination on this case. The CJ has two options, to approve or to disapprove the certification of the case. The CJ will assess critically if the case is worth any certification at all. The safest avenue is for CJ to reject the certification of the case if the alleged judicial coup is to be upheld. The major fear is that if the case proceeds to the Constitutional Court, it is highly probable that DPP will have a good case to argue.
Another way is for CJ to certify the case but identify judges that will most likely rule in favour of the current regime, if the concept of the alleged judicial coup is to go by. The bottom line is that it is highly unlikely that the court that is alleged to have staged a judicial coup should shoot itself in the belly by nullifying the 2020 fresh presidential candidate in favour of DPP
President Lazarus Chakwera on the inauguration day
It is about eleven months since the current regime took over from the embattled Democratic Progressive Party (DPP) and ever since, a wide array of developments; both positive and negative, have been recorded. For the positive strides, thumb up! That is exactly what Malawians want, but for the negative ones, hell no! Let there be a stop forthwith before we lose it all!
In the run up to June 2020 fresh presidential election campaign, political parties promised Malawians heaven on earth. But having been fed up with lies and empty promises, Malawians took a bold step to uproot DPP which they replaced with the current Tonse alliance government, which seemed to be lesser evil. Malawians declared enough was enough!
As much as Malawians wanted change, it may be a grave mistake to think that they only wanted the previous regime out of power and have it replaced by any other political leadership. Malawians love their country and they wish it nothing but crème de la crème. So, it is a serious mistake to begin to think that Malawians are okay with the fact that they changed a political leadership and they are content with it.
The exclusive interview that President Lazarus Chakwera offered to the privately owned Times Group’s Television, earlier this week sent some strong waves of early signs of power drunkenness slowly but surely creeping into the head of state. If not early forewarned and kept in check, this attitude will detour our exodus to Canaan and it will no longer be that most touted destination.
As part of his responses to various questions, the President was heard as saying, “People in different offices play the role of giving me their opinions including the Attorney General (AG), being the legal advisor to government. I take different pieces of advice from different people but others, the public are of the view that when the advice is not taken, then the working relationship is bad.
“When one is given the advice, they are at liberty to choose whether to take or not. I take counsel from a lot of people but I also look at the public interest the common Malawian and even the AG knows that the one who makes the decision is the President,” Chakwera justified himself.
It is not wrong for the President to take his own decision. In fact, that is his constitutional prerogative! But not all of his decisions are sound or wise. Some of them are more likely to land the nation into serious troubles if not thoroughly screened. After all, the President is not a master of all trades or the monopolist of all knowledge vis-à-vis wisdom.
Take for instance the yesterday’s High Court order (with costs on the President) that demands Chakwera to appoint the two MEC commissioners: Jean Mathanga and Linda Kunje whom he fired Willy nilly, if he took heed of the legal counsel at his disposal, things would surely not come this far. But power drunkenness seems to be taking a centre stage!
More so, the media is replete with the news that the Malawi Congress Party – MCP is currently training its youth at Mtakataka Police Training School in paramilitary skills. In an interview with a local media, the party’s Publicity Secretary, Reverend Maurice Munthali, admitted to the same. What is the purpose of these trained youth? Power wielding tactics are at play! But it is way too early for such executive blunders! This is time to rebuild the nation. Let’s clear the rubble!
BLANTYRE-(MaraviPost)—After a protracted debate over the eligibility of commissioners Linda Kunje and Jean Mathanga at Malawi Electoral Commission (Mec), the High Court in Blantyre has finally ruled in favour of the duo.
Mathanga and Kunje were fired from the electoral body by President Lazarus Chakwera on grounds that they were found incompetent by both the High Court and Supreme Court Appeal last year regarding the manner in which they handled the botched 2019 Tripartite Elections under the leadership of Justice Jane Ansah.
But giving the much awaited verdict on Friday, Judge Kack Nriva ordered President Chakwera to immediately formally appoint the two commissioners.
Nriva also ordered government to pay honoraria to the claimants while the office of the President will shoulder the legal costs.
Chakwera went ahead with his decision to fire the two commissioners despite getting legal advice from the country’s Attorney General (AG) Chikosa Silungwe, who argued that maintaining the composition of the MEC commission would be “neater and mature political pragmatism.”
In a letter dated April 7 and addressed to Kunje and Mathanga, Secretary to the President and Cabinet, Zangazanga Chikhosi told the two commissioners that their appointments made by former President Peter Mutharika last year had been rescinded with immediate effect.
“The rescission is on the basis that you were adjudged incompetent by the Supreme Court of Appeal on 8th May, 2020 in MSCA Constitutional Appeal no.1 of 2020 regarding the manner in which you handled the 2019 General Elections,” said Chikhosi.
According to Chikhosi, the Supreme Court ruling disqualified Mathanga and Kunje from being appointed as MEC commissioners.
But rights group and law experts had cautioned Chakwera against ignoring the legal opinion of the Attorney General Silungwe on the status of the embattled Commissioners.
Private practice lawyer Burton Mhango, was on record saying the two could defend their competence having been part of the commissioners who declared the incumbent President Chakwera winner of the 2020 fresh presidential poll.
The Chakwera’s government arrogance over the eligibility of the two commissioners will see taxpayers’ money being channeled towards legal costs for a case that could be avoided if the government listened to AG’s legal advice.
Mathanga and Kunje were part of the MEC commission which managed the 2019 tripartite elections. The elections were later nullified by the Constitutional Court which also found the MEC commissioners to have been incompetent.
However, Mutharika re-appointed the two to the commission in June last year.
What President Lazarus Chakwera calls taking personal wise decision is a predator that is hiding behind some bush and will soon prey on Malawians’ taxes unsympathetically.
While speaking to Times Television in an exclusive interview, President Chakwera has said there are no any misunderstandings between him and the Attorney General (AG), Chikosa Silungwe.
However, truth of the matter is that Chakwera’s disinterest in heeding to the legal counsel of the AG is just out of political emotions that will end up robbing Malawians of their hard earned taxes through unjustified compensations.
“People in different offices play the role of giving me their opinions including the AG, being the legal advisor to government. I take different pieces of advice from different people but others, the public are of the view that when the advice is not taken, then the working relationship is bad.
“When one is given the advice, they are at liberty to choose whether to take or not. I take counsel from a lot of people but I also look at the public interest the common Malawian and even the AG knows that the one who makes the decision is the President,” Chakwera justified himself.
The office of the Attorney General has been on record to have provided different pieces of legal wisdom to the government. However, Chakwera intends to become a Mr. know it all whose arrogance will highly cost the country in the long run.
Recently, the government fired two Malawi Electoral Commission (MEC) commissioners: Linda Kunje and Jean Mathanga and the two took the matter to court challenging their dismissal. This matter and others may cost the country through compensations of the victims of justice and it is the taxes of Malawians that will foot such bills at a time the country reels from lack of sustainable developments that also depend on the same tax payer’s money.
LILONGWE-(MaraviPost)-The High Court has ordered that Jean Mathanga and Linda Kunje be continuing Malawi Electoral Commission (MEC) pending judicial review on the matter.
According to the court order signed by Registrar of the High Court, Secretary to the President and Cabinet (SPC) Zangazanga Chikhosi’s decision rescinding the appointment of Mathanga and Kunje as MEC commissioners has been stayed.
Court saves Kunje and Mathanga
“Until further order of the court, the decision of the first defendant made on or around April 7, 2021, rescinding the claimant’s application as Commissioners for the Malawi Electoral Commission be and is hereby stayed.” reads part of court document.
The Court order, which lists President Lazarus Chakwera and the SPC as defendants, has also granted the two commissioners permission for a judicial review which shall be made to a Judge and be heard promptly.
Lozindaba Mbvundula whose law firm is representing Kunje and Mathanga said that the commissioners want the decision to fire them to be reviewed because they believe the decision was unlawful as it was made by the SPC and not the president.
Chakwera and Chikhosi are expected to be represented in the case by Attorney General Chikosa Silungwe who earlier advised the Chakwera administration against firing the two commissioners.
Chikhosi fired the two on the basis that they were adjudged incompetent by the Supreme Court of Appeal regarding the manner in which they handled the 2019 Presidential Elections.
Opposition Democratic Progressive Party (DPP) is also currently fight for Kunje and Mathanga in court.
For those with challenges in understanding. Blessed with misinterpreting, somehow inept, please read below article By Sean Mateus for enlightenment.
A quick look on Attorney General (AG) Chikosa Silungwe to Malawi Electoral Commission (MEC)
The other day, Zanga Zanga Chikhosi, the Secretary to the President and Cabinet (SPC), rescinded the appointments of Jean Mathanga and Linda Kunje as MEC commissioners.
Upon receiving communication of the 2 Commissioners’ “dismissal”, the MEC chairperson wrote the AGs office seeking advice on its legal status and how it ought to proceed in discharging it’s duties and obligations or in exercising powers conferred upon it by the Constitution or any other written law following the apparent “sacking” of its 2 commissioners.
In his reasoned response, the AG opined as follows:
“One of the effects of the rescission of the appointment of the Commissioners is that there is no Electoral Commission in accordance with section 75(1) of the Constitution. My advice is that the remaining members of your cohort should not discharge any duty or power of the Electoral Commission under the Constitution or an Act of Parliament until section 75(1) of the Constitution has been complied with”.
Section 75(1) is providing as follows:
“There shall be an Electoral Commission which shall consist of a Chairman who shall be a Judge nominated in that behalf by the Judicial Service Commission and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament.”
In consequence of the AG’s advice, the MEC chairperson proceeded to suspend all of the Commission’s business pending the “resolution of the quagmire surrounding the composition of the Electoral Commission”.
A number of both respectable and not-so-respectable opinions have since been flashed around either reproaching or exalting the AG’s stand on the matter.
I hereby do likewise and offer my 2 cents worth of opinion on the matter.
The law:
Section 5 of our Republican Constitution provides for the Supremacy of the Constitution. In its exact words, it states as follows:
“Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid.”
The importance of this section to the matter at hand shall be appreciated in due course of our discussion, but in a nut shell, what this provision imports is that EACH AND EVERY DECISION made by the government, or ANY LAW ENACTED for that matter, must conform to every part of the Constitution, failure which that decision or law becomes inconsequential, or void to the extent of such nonconformity to the Constitution. Basic stuff I tell you.
Now back to the matter at hand.
In opining in the manner that the AG did, he relied on section 75(1) of the Constitution which effectively requires that at any given moment, MEC must be constituted with no less than 6 commissioners in its fold! A Malawi Electoral Commission with less than 6 commissioners purporting to discharge duties and functions of the Commission is practically flouting this provision with blatant disregard. This is a CONSTITUTIONAL REQUIREMENT which cannot be done away with by a mere political wish swaggering under the cloak of national patriotism.
The moment the SPC “fired” the 2 Commissioners from the current cohort, the remaining number of commissioners fell below the Constitutionally required 6, meaning that MEC was no longer properly Constituted as of that moment to discharge its lawful duties and functions. As alluded to above, deeming a MEC with less than 6 Commissioners in its fold as properly constituted flouts Section 75(1) of the Republican Constitution. Consequently, per the operation of Section 5 of the Constitution cited above, all its decisions are/will be void to the extent such an improper constitution permited. It is as simple as that.
But what about Section (10) and Section 11(3) of the Electoral Commission Act? Don’t these give a leeway to an Electoral Commission with less than 6 Commissioners to discharge its duties or make binding resolutions?
To do justice to this question, let’s take a look at what the relevant provisions say.
Section 10 of the Electoral Commission Act states as follows:
“Subject to the Constitution and to section 11(3), any vacancy in the membership of the Commission shall not affect its decisions, the performance of its functions or the exercise of its powers under the Constitution, this Act or any other written law.”
And section 11(3) provides as follows:
(3) The quorum at every meeting of the Commission shall be Fifty-one per centum of the members of the Commission.
Before we go any further, it ought to be kept in mind that these 2 are provisions of an Act of Parliament. At any given moment, any Act of parliament enacted in Malawi is subservient to the Constitution of the Republic of Malawi. The moment an Act of parliament offends the Constitution or its part thereof, that Act or its offending part, as the case is at the material time, becomes void by the operation of section 5 of the Constitution.
Thus, being subservient to the Constitution of our Republic, it is worthy noting that section 10 and section 11(3) of the Electoral Commission Act can only operate once the Constitutional requirements of section 75(1) are satisfied i.e. once MEC is properly constituted. The moment the Commission is not so properly constituted, these provisions do not come into operation.
By way of illustration, MEC as a commission cannot start talking of meeting a quorum to conduct its business as provided by section 11(3) of the Electoral Commission Act when it has not satisfied the requirement of proper constitution as provided by section 75(1) of the Republican Constitution. The Constitutional requirement MUST ALWAYS BE MET FIRST.
Section 10 envisaged a scenario where there were more than 6 Commissioners, say 10 of them, and then 1 or 2 slots in the Commission fell vacant, in which case there would still be more the Constitutionally required 6 to carry on the Commission’s business. It is this kind of vacancy that this section was target to avoid the disruption of the Commission’s undertakings.
To answer our question now: sections (10) and 11(3) of the Electoral Commission Act do not give a leeway to an Electoral Commission with less than 6 Commissioners to discharge its duties or make binding resolutions!
To put it in very simple and clear terms, the opinion of the AG on the matter is proper at law and very well informed.
ADDENDUM
Anthuwa mukufuna kuwachotsa inde. But please follow the RULE OF LAW in undertaking the exercise.
Disclaimer: The views expressed in the article are those of the author not necessarily that of The Maravi Post or Editor
BLANTYRE-(MaraviPost)-The firing of two Malawi Electoral Commission (MEC), Jean Namathanga and Linda Kunje have dragged Malawi into a potential constitutional crisis which some observers say will require the country to conduct fresh local government, parliamentary and presidential elections.
Commenting on the matter, Law professor, Garton Kamchedzera, says there is need for the Secretary to President and Cabinet Chikhosi Zangazanga and Attorney General (AG) Chikosa Silungwe to cool off their misunderstandings to find common ground going forward on the issue.
On Tuesday, April 13, 2021 AG Chikosa Silungwe advised MEC Chairperson Justice Chifundo Kachale that the electoral body has automatically been rendered incapacitated and can no longer discharge any of the duties it is mandated to.
The development comes in the work of the two commissioners being fired on the grounds that they were declared incompetent following the botched 2019 presidential election which declared Democratic Progressive Party (DPP) candidate, Peter Mutharika winner.
Responding to a letter which was referred to the Attorney General’s office for perusal and legal guidance the response has pronounced doom to the presidency and the future of the electoral body.
“Upon acknowledging receipt of the letter of rescission for the two Commissioners, the AG advised MEC chairperson that his cohort can no longer discharge any duty or power of the Electoral Commission under the Constitution or an Act of Parliament until Section 75(1) of the Republican constitution has been compiled with.
“One of the effects of the rescission of the appointment of the two Commissioners is that there is no Electoral Commission in accordance with section 75(1) of the Constitution, my advice is that the remaining members of your cohort should not discharge any duty or power of the Electoral Commission,” reads part of the letter.
Meanwhile, Chairperson of the Malawi Electoral Commission, Dr. Chifundo Kachale, has announced that the Commission no longer has legal authority to continue implementing its activities in view of advice of Attorney General, Dr. Chikosa Silungwe, that “the effect of the rescission of the appointment of the two commissioners was that the membership of the Commission was no longer in compliance” with the law. Further to this, remaining members of the Commission will not be expected to continue discharging any duties.
Kachale stressed that the development follows a decision communicated by Secretary to the President and Cabinet, Zanga-zanga Chikhosi, rescinding the appointments of Commissioner Linda Kunje and Commissioner Jean Mathanga on the basis that the Supreme Court of Appeal had declared the two incompetent in view of their performance as Commissioners during the 2019 Presidential Election, which the Constitutional Court later annulled.
Meanwhile, the opposition Democratic Progressive Party (DPP) has filed for judicial review in the Lilongwe High Court registery on what it described as matter of extreme urgency as an impugned decision being made at a crucial time when the Electoral Commission is about to decide on the demarcations of constituency boundaries in the country.
The suit further pointed out that the rescission of the appointment of the two Electoral Commissioners (Jean Namathanga and Linda Kunje) has stifled the representation of the Applicant in the Electoral Commission.
BLANTYRE-(MaraviPost)-The Malawi Electoral Commission (MEC) chairperson, Justice Chifundo Kachale, has complied to Attorney General (AG) Dr. Chikosa Silungwe’s advise the the commission stop existing following firing of two commissioners Jean Mathanga and Linda Kunje.
Kachale adds that therefore the commission does not have the legal mandate as stipulated under Section 75(1) as advised by the AG Dr Silungwe.
In a press statement made available to The Maravi Post on Wednesday, April 14, 2021 Kachale observes that the removal of the two happened as MEC was in the process of direct engagements with Political Party Leaders in the course of implementing the Boundaries Review and Delimitation Program.
“In view of this development and advice, the Commission has henceforth no legal authority or basis to continue implementing its activities which become suspended by operation of the law until further notice.
“The immediate practical implication is that the program of engagement with Political Party Leaders and the entire Boundary Review and Delimitation Programme is likewise suspended, pending the resolution of the current legal quagmire surrounding the composition of the Electoral Commission by the relevant authorities,” said Kachale.
Section 75 (1) of the Constitution states: “There shall be an Electoral Commission which shall consist of a Chairman who shall be a Judge nominated in that behalf by the Judicial Service Commission and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament.”
AG Silungwe, cited the section while advising Kachale that the Government’s firing of Kunje and Mathanga means there is no Electoral Commission and the remaining commissioners should stop discharging their duties.
Kunje and Mathanga were fired by the Lazarus Chakwera administration on grounds that they were declared incompetent to serve as commissioners by the Supreme Court of Appeal.
In informing the two of their removal, Secretary to the President and Cabinet Zangazanga Chikhosi cited section 75 (3) (b) of the Constitution which says that a person shall cease to be a commissioner of MEC “if any circumstances arise that, if that person were not a member of the Electoral Commission, he or she would be disqualified for appointment as such.”
The nation is waiting the next move on opposition political party Democratic Progressive Party (DPP) whose commissioners have been removed from MEC.
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