Tag Archives: Samuel Tembenu

Law and order, Politics

#2020 Malawi’s Presidential Election case: Opposition DPP lawyers disputes claims that Mutharika will benefit from Constitutional matter

Maravi Post Reporter
DPP lawyer Samuel Tembenu

BLANTYRE-(MaraviPost)-The opposition The Democratic Progressive Party (DPP) says the argument that former President Peter Mutharika will benefit from the Constitutional interpretation case is not important since Mutharika is not a party to the case.

Presenting arguments in court on Wednesday afternoon, September 29, 2021 DPP lawyer Samuel Tembenu said it is the constitutionalism of this country that will benefit from the constitutional interpretation case.

The DPP in the case wants the Constitutional Court to interpret the implication of President Lazarus Chakwera’s decision to rescind the appointment of two commissioners of the Malawi Electoral Commission (MEC), Linda Kunje and Jean Mathanga as well as the decision of the High Court that four commissioners nominated by DPP were appointed illegally.

According to the DPP, the sum total of the decision was to make the commission unrecognizable under Section 75 of the constitution which requires a complete Commission to have six commissioners.

Attorney General Thabo Chakaka Nyirenda in the morning said the case should be dismissed because the DPP has conspired with Mutharika who will benefit from the nullification of the 2020 Presidential Election since he will retain as President of Malawi.,

He noted that Mutharika appointed four commissioners instead of three as required by the law hence the current case would allow him to benefit from him own wrongdoing.

Nyirenda further argued that the DPP has no sufficient interest in the case but Mutharika who was the candidate in the 2020 elections.

He also described the DPP’s petition as frivolous and vexatious, hence should be thrown out.

But presenting arguments in the afternoon, Tembenu said the argument that Mutharika will benefit is not neither here nor there since the former president is not party to the proceedings.

According to Tembenu, it is the constitutionalism of Malawi that will benefit from the decision.

He noted that the Malawi Congress Party (MCP) before the elections in 2020 commenced legal action over the composition of the MEC but withdrew the case when the party was leading in the elections.

He added that Chakwera, after being sworn in went on to rescind the appointments of Kunje and Mathanga and later the High Court decision came.

“The beneficiary of the illegality that is being talked about is the current President of Malawi,” said Tembenu.

“But our point is not because they are in power then they should should not be there, no. Our point is to vindicate the dictates of the law.”

On DPP not having sufficient interest, Tembenu argued that the DPP a registered political party which enjoys rights and was consulted by the president to submit names of commissioners hence as interest in the case.

The case resumes Thursday morning, September 30, 2021 when AG Nyirenda is expected to respond to the DPP’s arguments.

Malawi

Malawi Supreme Court concludes hearing of presidential election appeal case

Maneno Chimulala
Chief Justice Andrew Nyirenda

BLANTYRE-(MaraviPost)—The Malawi Supreme Court has concluded the hearing of presidential election appeal case challenging the validity of the February 3, 2020 judgment of the   five-judge panel of the High Court sitting as Constitution Court which annulled May 21, 2019 presidential election results, citing widespread irregularities in the results management system.

The closure of the hearings on Wednesday evening followed a daylong of oral submissions during which petitioners and respondents made submissions before a panel of seven judges of the top court led by Chief Justice Andrew Nyirenda.

Chief Justice Nyirenda said the six-judge bench of the court will render a ruling as soon as possible and thanked parties in the matter for conducting themselves with decorum.

“We will ourselves adjourn the proceedings to the nearest possible future. We will not commit to a date but we realize how important these proceedings are on the welfare and well being of our nation.

“We will do everything possible to ensure that we revert in the soonest possible time. We will give it our best and therefore that we want to assure everybody that we will get back as soon as we can,” he said.

During oral submissions at the court, Senior Counsel Samuel Tembenu, representing President Peter Mutharika who is the first appellant in the appeal case said there was no legal basis to nullify the May 21 presidential election because the irregularities cited by the petitioners did not affect the final outcome of the poll.

He further argued that the Constitutional Court was wrong to issue consequential orders to Parliament to enact new laws ahead of the fresh presidential election because that role is for the executive arm of government.

Taking his turn, Modercai Msisha, lead lawyer for Malawi Congress Party (MCP) President Lazarus Chakwera, argued that the burden of proof in an election case lies with the electoral body MEC because it has a constitutional responsibility to manage elections in the country.

 Msisha argued that MEC did not perform its duties as an independent Umpire in the May 21, 2019 Presidential poll. He said even the sworn statements of MEC’s own Presiding Officers revealed that the poll was marred by irregularities but the electoral body did not review the whole electoral process.

Initially MEC sought legal services from the South African based law firm Mboweni Maluleke INC to among other; represent it in the appeal case presidential election but Chief Justice Andrew Nyirenda objected to the decision on Monday, thereby forcing the electoral body to use local services.

The Constitutional Court nullified the May 21 presidential election and ordered MEC to hold fresh poll within 150 days from the day of the judgment.

MEC set July 2 as a date for the fresh presidential polls and electoral processes are underway in readiness for the same.

Malawi

Appeal case underway: APM’s lawyer says “there was no basis for nullification of May 21 election results”

Maneno Chimulala
Constitutional Court Judges who nullified 2019 presidential election

BLANTYRE-(MaraviPost)—Senior  Counsel Samuel Tembenu, representing President Peter Mutharika who is the first appellant in the presidential election appeal case, has finished presenting his arguments on why they want the February 3 judgment by the Constitutional Court should be overturned.

In his arguments before a panel of seven judges, Tembenu said there was no legal basis to nullify the May 21 presidential election because the irregularities cited by the petitioners did not affect the final outcome of the poll.

He further argued that the Constitutional Court was wrong to issue consequential orders to Parliament to enact new laws ahead of the fresh presidential election because that role is for the executive arm of government.

Hearing of the appeal in the presidential election case started this morning with Chief Justice Andrew Nyirenda, who is leading a panel of six other Supreme Court Judges, disclosing that each party will be allocated one hour to present their arguments.

Meanwhile, Tamando Chokotho who is representing Malawi Electoral Commission has taken the floor.

SADC

DPP’s VP Candidate Chimulirenji condemns killing of people with albinism

Malawi News Agency (MANA)

Chimulirenji
Chimulirenji speaking at the rally pic MANA

Lilongwe, February 25, 2019.  President Peter Mutharika’s Democratic progressive party (DPP) running mate in the 2019 presidential race, Everton Chimulirenji has condemned the killings of people with albinism describing it as a barbaric act.

Chimulirenji made the statement when he addressed a political rally at Masintha ground in Lilongwe to familiarize himself with the party supporters since his appointment as running mate.

Stop killing albinos

He said these barbaric acts have deeply traumatized people with albinism as they can no longer enjoy their rights to freely move around and also the most precious of all rights, the right to life.

“I would like to ask those with information to come forward and share it with security agencies so that our brothers and sisters with albinism can be protected,” said Chimulirenji.

Chimulirenji also asked people who attended the rally to vote for President Peter Mutharika for development projects to continue.

He cited the cancer centre in Lilongwe as one of the poster projects of Professor Peter Mutharika which will help save lots of lives.

“The government has been spending millions of kwacha treating cancer patients abroad while many others have died in their homes because they could not afford such treatment due to financial constraints.

“This facility will enable a lot of such families to access cancer treatment within the country and hence save lives,” he said.

Speaking earlier, Uladi Mussa assured Chimulirenji of DPP support since he was chosen by the president himself and nobody has the authority to challenge the president’s choice.

DPP Secretary General, Grezelder Jefrey also praised President Mutharika for several development projects taking place in the central region such as the Salima-Lilongwe water project, Kamuzu International Airport upgrade and an upscale operating theatre at Kamuzu Central Hospital among others.

She then asked the people who attended the rally to vote for president Mutharika for the country to develop further.

Several cabinet ministers such as Jean Kalirani of Lands and Samuel Tembenu, Minister of Justice attended the rally among others.

Malawi will hold tripartite elections to elect president, members of parliament and councilors on May 21, this year.

Malawi, Top News

Shame! Blackout forces Malawi Parliament into early adjournment

Maravi Post Reporter
Blackout forces Parliament into early adjournment

OUT OF DARKNESS—MPs walk out of Parliament after the adjournment

Parliament Monday adjourned early after loss of power in the chamber made it difficult for members of Parliament (MPs) to continue with their deliberations.

The blackout occurred 15 minutes after tea-break and the MPs were in the dark for eight minutes before Speaker of Parliament, Richard Msowoya, announced the adjournment.

According to The Daily Times, the incident happened at a time Minister of Justice and Constitutional Affairs, Samuel Tembenu, was giving an update on the progress of the review of the Witchcraft Act.

The minister was giving the update during a debate on a statement Minister of Homeland Security, Nicholas Dausi, had delivered in the House on the state of disaster preparedness and response for the 2018/19 season.

Dausi had just told the House that, the Department of Disaster Management Affairs had just received a report of a fire accident in the area of Traditional Authority Mwansambo in Nkhotakota District that destroyed houses.

“What is disheartening about the fire accident is that the fire was started by community members on allegation that the owners of the houses were practising witchcraft. A total of 31 households had their houses and property destroyed by the fire,” Dausi said.

He said it is unfortunate that such incidents can happen when the Malawi Constitution clearly stipulates that it is criminal to call somebody a witch.

“May I request my fellow honourable members to civic-educate our constituents on the evils of taking the law into their hands,” Dausi said.

It was in the course of answering follow up questions on the issue that the blackout occurred in the chamber.

The country is facing serious power problems, with other areas experiencing up to 12 hours a day without electricity.

Malawi

Cashgate convict Esnart Ndovi pardoning stirs controversy; Judiciary gagged 

Ausborn Banda

survey says public losing trust in the judiciary

BLANTYRE-(MaraviPost)-President Peter Mutharika pardon of the cashgate convict Esnart Ndovi this past week, stirred controversy over the legitimacy of the other arms of Government, including the judiciary, which is at the centre of fraud trials in the courts.

The comments come after some sections of society expressed concern over Mutharika’s decision to pardon Ndovi; they said this would send bad signals to would-be offenders.

The Judiciary is said to be helpless and gagged over President Mutharika decision to pardon Ndovi, as he is backed by the Republican Constitution.

Judiciary spokesperson, Mlenga Mvula, told Malawi News that his office could not do anything regarding the President’s decision. He said President has the authority to make the pardon and his decision, must be respected.

“We are in a different arm of the Government. We mete out the sentence as the Judiciary and the President made the pardon as head of the Executive and we all derive powers from the same Republican Constitution. Therefore, we cannot question the President’s decision,” Mvula said.

Echoing on the same, Justice Link Executive Director, Justin Dzonzi, said that people should consider circumstances before arriving at conclusions.

“We should look at the circumstances that led to her pardoning. She was sentenced to three years in prison in 2015. She had already served two-fifth of her term and, therefore, she was due to be released in six months’ time. That is not insignificant,” Dzonzi said.

Ndovi is among the 378 inmates whom President Mutharika pardoned as part of Malawi’s 53rd Independence Celebrations.

This is an annual independence prerogative that empowers the head of state to pardon inmates, particularly those that have served three quarters of their sentences, and have a clean record while in prison.

Ndovi was convicted in November 2015, of charges of tendering a certificate for personation and money laundering involving MK12.9 million. She is one of the 47 prisoners pardoned at Maula prison, and was released two weeks ago. Her release date was supposed to be in February 2018.

Minister of Justice and Constitutional Affairs Samuel Tembenu, defended President Mutharika’s decision to pardon Ndovi on health grounds.

Malawi

Robert Chasowa brutal death: Malawi govt to hire foreign investigators

Maravi Post correspondent

BLANTYRE-(MaraviPost)—As the father of Robert Chasowa, a polytechnic student who was found dead on the campus at the height of anti-government protests during the Bingu Wa Mutharika regime, fears that the culprits may never be brought to justice, Minister of Justice and Constitutional Affairs Samuel Tembenu has revealed that the government intends to hire foreign investigators to probe the death.

This was revealed on Thursday when Malawi Human Rights Commission officials presented the state of human rights report to President Peter Mutharika.

The commission of inquiry which was set by Joyce Banda few months after taking over the country’s leadership following the death of Mutharika, found that Chasowa was murdered by Democratic Progressive Party (DPP) officials led by the then Southern region governor Noel Masangwi and some police officers.

But speaking on Thursday, Tembenu trashed the commission’s findings, arguing the investigations were not thoroughly done.

The then police publicist Willie Mwaluka however said Chasowa killed himself as he allegedly jumped from a pavement roof.

Tembenu however has not indicated when the government will hire the investigators and how much it will cost.

On the death of Issah Njauju, the third in command at the graft busting body, the Anti Corruption Bureau, President Mutharika said the staste is doing all it can to bring those who killed him to book.

“I call the Inspector General of Police Mr Lexten Kachama every week to find out the progress on their investigations, you can check phone call logs,” he said.

Samuel tembenu
Malawi Justice Minister Samuel Tembenu

Njauju was killed two years ago in Lilongwe and the police arrested two people, including a police officer who was overheard boasting at a drinking joint that he knows the killers and someone who was found with the mobile phones of the deceased.

Human Rights Consultative Committee (HRCC) chairperson Robert Mkwezalamba said the civil society is surprised with government’s disinterest in expediting murder cases of Njaunju and Chasowa.

“The slow pace of these cases [Njaunju and Chasowa] simply tells us that someone somewhere senior enough is part and parcel of these cases,” he said.

DPP has a history of killing and intimidating critics.

Meanwhile, youthful activist Charles Kajoloweka who together with other activists obtained an injunction restraining George Chaponda from discharging ministerial duties paving way for investigations in Zambia maizegate scandal, is receiving death threats from the ruling party zealots.

Malawi

Ombudsman to focus on maladministration in public institutions as people lose trust in ACB

Maravi Post correspondent

Ombudsman to focus on maladministration in public institutions as people lose trust in ACBBLANTYRE-(MaraviPost)—As the Anti-Corruption Bureau (ACB) fails to prove its relevance in the country marred with unprecedented corrupt practices, the Office of the Ombudsman has said their focus will now be on issues of maladministration in public institutions. Continue reading Ombudsman to focus on maladministration in public institutions as people lose trust in ACB →

Politics, Regional

Diaspora Corner: Malawi President orders Justice Minister Tembenu to work on long awaited dual Citizenship Legislation

MaraviPost

Samuel tembenu
Malawi Justice Minister Samuel Tembenu to Draft Law for Dual Citizenship

ATLANTA, (MaraviPost): Dual Citizenship is a “status long sought by Malawi diaspora but was not recognized in the law”   until now it may be soon be as it is being reported that Malawi President Dr. Peter Mutharika has asked Justice Minister Samuel Tembenu to draft legislation that would allow Malawians to have dual Citizenship.

The Malawi President himself a byproduct of the Diaspora has always understood the need for Diaspora to enjoy the Benefits such a status provides. Continue reading Diaspora Corner: Malawi President orders Justice Minister Tembenu to work on long awaited dual Citizenship Legislation →