By Burnett Munthali

Tonse broke down way back as different write ups have suggested in the past. It was just a matter of time for the bomb to be dropped by Vice President Saulos Chilima.

Democratic Progressive Party (DPP) and United Democratic Front (UDF) surprised me when they finally made an alliance in 2020.

Tonse Pact agreement must be made public

I was very perplexed again when I heard that Atupele Muluzi had resigned from the post of party President and active politics.

I was finally very flabbergasted when the acting party President Lilian Patel announced that the DPP-UDF alliance ended soon after the 2020 fresh Presidential election.

This means that we only have the Tonse alliance which is also falling apart. All this tells us a story. Somehow, somewhere, someone imposed these alliances on us. The 50+1 was somehow wrongly imposed on this nation. That will be subject to be discussed later anyway.

It appears a lot has been happening in the Tonse administration. A lot of backwards development of the alliance is not working for itself.

According to Professor of Law Edge Kanyongolo the Presidential immunity is there to prevent the sitting President from distraction. Meaning to say we can distract the State President when he is out of office.

In my opinion, the current sitting President must not be voted into office in 2025 again so that he is investigated thoroughly. I am pretty sure he is kind of guilty of a number of offences.

We need wider consultations and discussions on the presidential immunity. We should continue to read the constitution of Malawi time and again.

Opinion made that the Vice President is not immune to criminal prosecution should continue to come in. More of such sections in the constitution of Malawi should be shared in various social media. People should read the laws of this country and ask for clarification or even discuss as much as they can. Learning will finally take place.

Legal interpretation is helpful to all of us as citizens of this country because that is the only way to get the correct meaning of our laws in the constitution.

The eligibility of Dr Saulos Chilima to stand in 2025 is a big question which is already creating debate on social media. However there’s only one interpretation which is correct.

It is in my understanding that Chilima is not eligible to stand in 2025. I believe Chilima is fighting the wind. It won’t work for him.

We are going to hear different comments from different people about the Tonse agreement between Chilima and Chakwera. The main reason is that we all have different levels of understanding politics and law which is making the whole debate very interesting and entertaining.

However, I am in total agreement with political analyst Ernest Thindwa and Hon. Kamlepo Kalua.

Any agreement we make as humans be it political or not must be in line with the constitution of Malawi.

The people who come in to help make such agreements must be conversant with the law or must hire people who understand the constitution.

Take time to read and interpret the constitution in the correct way. Any contract or agreement that is made far away from the constitution is not an agreement at all.

For example, Dr Lazarus Chakwera is entitled to stand for the second term election in 2025 because the maximum term limit for any President is two five years term.

The choice is in the hands of Chakwera to stand again or not. Nobody can stop him. Not even the Tonse Alliance Agreement (TAA).

Mr Mkaka is not parr of the Tonse Alliance Agreement therefore his contributions are nothing but just the sound of falling stones. His speech was nothing but just empty political response trying to be genuine. He was just being fake.

It looks like the two fighting sides in the Tonse Alliance have resolved their differences amicably and peacefully faster than we expected. The reason, perhaps, being that the two sides realise the importance of each other in this alliance without which they would not have formed any government today. And that they know it is a fact.

Breaking the alliance now, they know for sure what will happen to both sides. Bwato sasisilana pakati pa nyanja. They seem to have come back to their senses, realised and respected the electoral alliance as the only vehicle which has taken them this far.

I totally disagree with him that any breakage of the Tonse alliance agreement between Chakwera and Chilima can lead to a call for fresh presidential elections.

This is not in the constitution of Malawi therefore it is just wind blowing. All agreements and contracts must be made in line the law of this country.

Chakwera and Chilima decided to hide the contents of the Tonse alliance agreement from the voters for reasons best known to themselves.

I believe, Chilima trusted Chakwera in the first place because he thought pastors are always humble and honest people, but this was a big mistake. Chakwera has tasted how sweet leadership is.

MCP team has been in opposition for too long to continue like that and they almost reached a breaking point had it not been for Sidik Mia . Secondly, Chakwera and his MCP team thought Chilima was a baby and could be cheated easily, but this was another big mistake.

Chilima’s eyes are wide open looking at the agreement each day as it passes. Expecting Malawi to have fresh elections before 2025 just because Chilima has spilled the beans is a non starter and a very wrong interpretation of the constitution of Malawi.

Perhaps I would call it (kujaila kwambiri) being complacent that the rotten judiciary will always be on his side.

Agreements and contracts must always be made in good faith. Even if there are some elements missing in those agreements, simply amend them and respect the pledge. Involve people who are knowledgeable of the constitution.

To the lawyers of this country, do not just be there to make money during the establishment of political agreements or employees contracts. Create documents that will stand with the law and work for both sides in it.

Today, Malawians are complaining about a rotten judiciary. I want to say that we also have a rotten counsel in this country.

If we look closely at the wrangle between Chakwera and Chilima, some lawyers are part of the blame. Lawyers were consulted and paid to make the agreement between the two leaders but do we see?

It is not in tandem with the constitution of Malawi and you I’ll advise the VP that failure to respect the agreement, we will have to go for fresh presidential elections. Or did Chilima make the speech in haste without consulting the lawyers responsible?

To the President of this country Dr Lazarus Chakwera;

When, Chilima made the last campaign wooing his UTM supporters to rally behind and vote for Chakwera because the leadership was on a rotational basis, the next day the President refuted the matter on Times TV claiming those were the views of the Vice President. The nation of Malawi will not move forward with lies.

Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or Editor

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