LILONGWE-(MaraviPost)-Whenever Malawi’s President leaves the country for an official visit, a constitutional question often arises: who is responsible for ensuring continuity of government while the President is away?
The debate becomes more intense whenever the Head of State travels abroad, with some citizens assuming that the Vice-President automatically takes over the running of government.
With President Arthur Peter Mutharika undertaking official engagements outside Malawi, including visits to countries such as South Africa, questions have emerged over whether Vice-President Dr. Jane Ansah becomes caretaker of government during his absence.
The answer, however, must be determined by the Constitution of the Republic of Malawi rather than political assumptions or public expectations.
A review of Malawi’s constitutional framework shows that the Constitution does not create an automatic arrangement where the Vice-President becomes Acting President simply because the President is outside the country.
Section 79 of the Constitution establishes the office of the Vice-President and provides that the Vice-President shall assist the President and exercise powers and functions assigned by the Constitution, an Act of Parliament or delegated by the President.
This means that the Vice-President has an important constitutional responsibility in supporting the President and carrying out assigned duties.
However, Section 79 does not state that the Vice-President automatically assumes presidential powers whenever the President undertakes a foreign visit.
The Constitution therefore distinguishes between the President being outside the country and circumstances where the presidency becomes vacant or where constitutional provisions relating to inability to perform presidential duties may apply.
A foreign visit, whether for diplomatic engagements, regional meetings or other official duties, does not by itself create a vacancy in the presidency.
The President remains the constitutionally recognised Head of State and Government unless circumstances arise that activate constitutional succession provisions.
Section 83 of the Constitution provides for succession when the office of President becomes vacant.
In such circumstances, including death, resignation or other constitutionally recognised causes of vacancy, the Vice-President assumes the presidency in accordance with constitutional procedures.
The mere fact that the President is travelling abroad does not itself amount to a vacancy in the presidency or automatically trigger succession.
Modern government operations also allow Presidents to continue performing constitutional responsibilities while outside their countries through communication with government officials and state institutions.
However, Malawi’s Constitution does not specifically provide that presidential authority is temporarily transferred simply because the President is outside Malawi.
This does not mean the Vice-President has no role during the President’s absence. As the holder of the second-highest constitutional office, the Vice-President continues to perform duties assigned by the Constitution, Parliament or through lawful presidential delegation.
Where the President assigns responsibilities to the Vice-President within the constitutional framework, those duties are performed through that authority. Such responsibilities arise from the constitutional role of the Vice-President and lawful assignment of duties, not from an automatic assumption of presidential powers.
In political discussions, expressions such as “holding the fort” are sometimes used to describe the Vice-President’s role during the President’s absence.
While this may describe practical support for government continuity, it should not be interpreted as meaning that the Vice-President has become Acting President.
Malawi’s constitutional framework is designed to maintain stability by ensuring that presidential succession occurs only when constitutionally defined conditions exist.
It avoids unnecessary transfers of executive authority whenever the President is temporarily outside the country.
The country’s constitutional history provides an important example. Following the death of President Bingu wa Mutharika in 2012, then Vice-President Joyce Banda assumed the presidency in accordance with constitutional succession provisions. That transition demonstrated the importance of respecting constitutional procedures when a vacancy occurs.
The lesson from that period remains clear: the Vice-President assumes presidential office when constitutional conditions for succession are met, not simply because the President is travelling.
Therefore, describing Ansah as “caretaker President” whenever President Mutharika travels abroad would not accurately reflect Malawi’s constitutional position.
The term is a political expression rather than a formal constitutional office unless specific constitutional provisions or lawful arrangements provide otherwise.
She remains Vice-President, continues carrying out her constitutional responsibilities and supports the functioning of government, while the President remains the lawful Head of State and Government.
Conclusion
When President Mutharika travels to South Africa or any other country, he remains the President of Malawi.
The Constitution does not automatically make Veep Ansah Acting President or caretaker Head of State merely because the President is outside Malawi.
The Vice-President’s role during such periods comes from Section 79 of the Constitution, which allows the office-holder to exercise duties assigned by the Constitution, Parliament or through lawful delegation.
Section 83 becomes relevant only when there is a vacancy in the office of President or another constitutionally recognised situation requiring succession.
The experiences of other presidential systems also show that travelling outside the country does not automatically transfer executive authority to a Vice-President. The key constitutional question is not where the President is located, but whether a condition exists that affects the President’s ability to exercise the powers and duties of office.
Unless such a constitutional situation arises, Malawi’s government continues under the authority of the President, even when the President is outside the country.
