CHRR says Malawi President not immune to resignation

Malawi’s renowned human rights and governance activist Timothy Mtambo has cautioned President Peter Mutharika that he risks losing legitimacy to govern if he continues betraying the public trust and stated that no President including Mutharika is immune to resignation under the circumstances of loss of public trust as provided by law.

Mtambo:  The President governs on trust

Mtambo: The President governs on trust

Mtambo made these observations through a Nyasa Times questionnaire response in reaction to Mutharika’s spokesperson Gerald Viola’s insistence that Mutharika would not take head to the recent calls by CSOs and other concerned Malawians that he consider honoUrably stepping down if he continues to fail Malawians.

Some active Civil society organisations, activists and human rights defenders in Malawi at a news conference in Lilongwe challenged Mutharika to consider resigning or take charge and bail out the country in the current economic mess.

However, Presidential spokesperson Viola quashed CSOs demands stating that Mutharika was mandated and elected by majority of Malawians (36%) during the 2014 elections unline the “unelected” CSO’s .

He added that the CSOs should form a political party to contest for election in 2019 than being in Civil Society.

However, Mtambo, who is also one of the activists signatory to the CSOs statement, said Viola’s insinuation that the President was immune from resignation but only through the ballot eviction during an election was a “narrowistic viewpoint “ to the law and lack of knowledge of the principle of social contract, as ably represented in the constitution, which guide the trust-based relationship between those that govern and the governed.

“No President including Mutharika is immune to resignation under the circumstances of loss of public trust as provided by law. In fact, the law provides for such a scenario. While Section 6 of the Constitution stipulates that ‘the authority to govern derives from people of Malawi as expressed through universal suffrage in elections held in accordance with the Constitution, section 12 (iii) states that the authority to exercise power of state is conditional upon the sustained trust of the people of Malawi and that trust can only be maintained through open, accountable and transparent government and informed democratic choice. ‘

“The two sections clearly show that a government that has not been elected through universal suffrage does not have the authority to govern; and that a government that no longer has the sustained trust of the people, regardless of the fact that it might have been duly elected through universal suffrage, has no authority to govern, and people have the mandate to remove it in accordance with the law,” said Mtambo, who is also the executive director of Centre for Human Rights and Rehabilitation (CHRR).

Added Mtambo: “The principle of social contract further requires that those that govern acknowledge their weaknesses and be able to voluntarily leave power, with dignity, whenever those that are governed no longer have trust or confidence in them, and thus require them to leave office. This is very clear, and as such It is surprising to see the President and his village of advisors venting their ‘executive anger’ on the CSOs instead of doing some soul-searching in order to know why the President was fastly losing public trust and in the process risk losing the legitimacy to govern.”

The CHRR boss observed that it was such political patronage behaviour that had made Malawi leaders become complacent at the expense of the public interest.

“It is such mediocre thinking that has made our country retrogressive. No wonder our leaders can sleep on the job and instead trump on the civil and economic rights of their people with impunity under the pretext that they will only be held accountable at the next election.”said the outspoken Mtambo.

Mtambo also faulted Viola’s claims that the majority of Malawians mandated Mutharika to rule the country hence his continued political and economic extravagance.

“Being voted by the majority of Malawians is no excuse let alone a licence to indulge in political and economic extravagance at the expense of the plight of the poor people.

“Besides, what majority is Viola bragging about? A 36% ‘simple majority’? While it is a fact that President Mutharika was democratically elected by 36% of voters, it is also a fact that 64% of Malawians rejected him or had serious doubts in his credentials of taking Malawi to economic and governance prosperity hence putting his legitimacy into question.

“So instead of bragging about such a simple majority, which is of course not a majority at all, Viola and those in the ruling party should be busy on strategizing on ways on how to convince and win the 64% that doubted Mutharika’s credibility, and most of which still doubt his leadership to-date, a scenario which is even worsened by the fact that many even in the acquired 36% have lost trust in his leadership due to his current poor governance record. And this can only be done by matching rhetoric with concrete action.”

In response to Viola’s accusation that CSOs have no mandate to represent the people, Mtambo told Nyasa Times: “Viola’s statement clearly shows that he doesn’t understand the definition of Civil Society and also the pivotal role and space the Civil Society plays in the promotion of democratic governance. This is very dangerous for a person of his calibre who is also supposed to be a close advisor to the President. His words only confirms the existing strategy that Mutharika’s regime is implementing to stifle the voice, place and operations of CSOs particularly those working in the democratic governance realm.

“For example, just recently we have seen the Mutharika regime using the NGO board and NGO law as a political tool to silence or stifle the critical voices in the CSOs. We are closely observing the developments, and we will not just sit down but rather strongly stand for the democratic values we have all along been associated with and say no to tyranny. Besides, Viola should tell us if the issues that are raised in the recent statement by CSOs are not of public concern?”

However, when asked by Nyasa Times on his reaction to President’s press officer singling him out as aspiring Mutharika’s seat, Mtambo laughed it off and said this only confirmed that DPP’s DNA had not changed.

“Well I am not surprised with my singling out. Many reputable activists and religious leaders like my predecessor Undule Mwakasungura, John Kapito, Billy Mayaya, Benedicto Kondowe, Gift Trapence, Rafik Hajat, Rev. Mezuwa Banda, late Bishop Zuza just to mention a few were time and again publicly singled out by the then DPP regime to the extent that the former President indicated that some were aspiring his position. All these claims that CSOs have no mandate to represent the people were already said by the then DPP regime, and are hence just being echoed by the current regime.

“So it’s not surprising. To me it only shows that the DPP’s DNA has not changed. However, what I can tell Mr Viola and friends is that the Constitution of Malawi is clear on what happens when there is a vacancy in the position of the Presidency including a vacancy created following an honourable resignation due to lack of public trust. Clearly, this has nothing to do with Timothy Mtambo. However, I am not moved an inch. I am charged up for this noble service in the best interest of all Malawians of goodwill and human rights for all. Together with my collegues in the CSOs we will vigilantly fulfil and honour our calling to public service and resist the temptation of sacrificing our social accountability calling on the altar of mediocrity and patronage,” said Mtambo

Reacting to calls by Mutharika’s regime for dialogue between CSOs and government over the current economic and governance woes, Mtambo added that as CSOs they have always been open to any constructive dialogue that is done in good faith, trust and respect rather than that made to stifle the voice of the CSOs as had been the trend in the past.

“We in the Civil Society have always been open to constructive dialogue that is done in good faith, trust and respect and most importantly in the best interest of Malawians rather than dialogue that is meant to stifle the voice of the CSOs as it has recently been observed.

“Just a good example is the January 13th demonstration 22 point petition where recommended for government to constitute a dialogue Civil Society and government dialogue platform where the issues raised in the petition and beyond would be discussed. However, this was trashed and ignored and till to-date we are yet to get any response from government.”

Mtambo said it is “a misrepresentation of facts” for those in government to allege that CSOs shun dialogue.

“We have been and we shall always be ready for meaningful dialogue, and where dialogue process doesn’t realise the intended aspirations of Malawians we shall always resort to other democratically and constitutionally guaranteed avenues,” said Mtambo.

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42 thoughts on “CHRR says Malawi President not immune to resignation”

  1. Mark Liwonde says:

    Can CHRR define is strategic objectives, please tell us how staff are recruited in that organisation? CHRR I knew wayback its not this one. Pleae do not turn the CSO to meet your person gain.

  2. MaKopa says:

    A driver who drive recklessly can you the car he drive. APM don’t know how to drive Babylon busi. For best of people and Malawi he must resign now

  3. Winston Msowoya says:

    The problem that is at stake here,is that the overwhelming majority of Southerners and their brothers in the Central,lack sense of humour all together forgetting the fact that the Northerners have been in the forefront in the endeavours to liberate Nyasaland from colonialism and imperialism.Furthermore,to liberate Malawi from Banda’s.egregious despotic regime and institute in its place multiparty democracy.No body with lucid minds can dispute this fact.The people of Central Region owe Mr.Kanyama Chuime for bringing their prodigal son Richard Armstrong ( Hastings Banda)’whom hitherto,remains conundrum.Chihana,though latter on,succumbed to the forces of opportunism,with the help of exiles,brought back home the fervour of multiparty democracy.So why such barbaric rhetorics from two regions whereby people are busy chassing rats in the bush and dancing Nyau instead of going to school to broaden their knowledge.Finally,I would advise northerners no to react uncontrollably as they have done for the last thirty years of Banda’s brutal rule.Since independence,Malawi has been ruled by people from the South and Central not because they are bright,but because of the majority status they have.GOOD LUCK!!.

  4. James kotoki says:

    It’s not that this retarded man won and he knows.they played tricks with mbendera

  5. ponyera salankhula says:

    …is that the reason why mumatenga 36% of malawi kupita nawo ku UNGA as a token of appreciation???????????????????? and mr.GV mulowa nazo illumnatii ndi gogo wanu´yo.

  6. Lilongwe Boy says:

    Ntambo is not a person to trust. He is always talking and defending mathanyula yet he is always busy fucking bitches. You girls are always with him in clubs. Nseu wa Nchinji ndi pati yapo sapezeka

    If you are a champion of mathanyula, kwatilana ndi Gift nzako womenyala ufula ma gay kuti tiwonele pa inu.

  7. Majority means your group is more than the other even with one person. So please the minority keep quite. When you say the President should resign what you mean is that the majority should not continue to rule. Rubbish. Wait for 2019

  8. manyowa says:

    Mtambo and ur friends just form a political party and make a coalition chipani cha nkhanzachi chopha a gadama ndi anzawo stop wasting thinking that mr president angatule pansi udindo muvomereze DPP idalamulapo,ikulamulira ndipo idzamulilabe

  9. Jak says:

    Kodi a Mtambo, Malamulo a Malawi simukuwamvetsabe eti? Mwa Onse Anapikisana Ajatu APM got Majory votes. APM 36%, Chakwera 24%, Ndikumabwera Ena aja. Ndiye Mukuti Chani???????????

  10. chingolopiyo says:

    Power hungry, even Mtambo is being used by his party masters to ask the president to resign. By the way be honest Mr Mtambo or Cloud, you voted in the general election, swear to God if you voted for Mutharika or DPP? All who are making noise they did not vote for DPP or Mutharika so please shut up your dirty mouths and start planning for 2019 elections with your political masters. Ng’oma yolira kwambiri sichedwa kusweka .

  11. The Only Democrat Left says:

    Not only should dunderhead Mutharika resign but he should be charged for stealing billions with Bingu Galuu from Malawi and receiving bribes from Indians. Dunderhead Mutharika may eventually force the men in the barracks to pick him up at midnight and take him in chains to Mikuyu.

  12. Mirella K says:

    Wow, 36% of retarded Malawians voted for this psychopath and the Violas go unashamedly to say that’s a majority!!! a Malawi, kutembereredwa mwina kapena aaaaaaah koma abale!!!

  13. Antoni apaphata says:

    Looking at this discussion anybody can tell how stupid and myopic we are. Very educated but not intelligent. Wake up guys. Zoloweza zinthu ndi kumakhala ndi ma degree ndi zachikale. Think.

  14. mbodzole says:

    Mzeru alibe uyu beneficiary wa Mzuzu corner I doubt if he was passing examz without the Mzuzu corner thing.

  15. levelheaded says:

    Your frequent reference to the old regime of DPP tells us all that your hatred for our party dates long time back. As the mighty DPP diehards we can’t just watch this nonsence to engulfe the skies of mother Malawi. This nonsense has to stop once and for all. Only time shall tell.

  16. President Resignation

    Not surprised at all!!!. These are Alomwe Ass-Lickers. No matter what he does, they will follow him and even die for him. Not shocked!!!, the president is an educated fool hence does not see the need to to be re-educated, conversely, if he does not synthesise such simple principles and conditions; do you expect the substantially ignorant Alomwe to understand? Absolutely NOT.

    Malawians need to strike the right balance in 2019, otherwise these “Matchona” will enrich themselves and disappear to the USA. How does a normal president manage to charter a plane with so many fools on it while the majority Malawians cannot even afford to buy a mere pain-killer. Malawians living on less than $1 a day whence a typical fool like Peter Mutharika and his educated advisors (FAKE PhD’s) are squandering the hard earned cash.

    Peter calls himself a “Professor”, yes he is, however, when he was actually lecturing no normal person could understand him. He might be brainy, but he finds it absolutely difficult to impart the knowledge to others. That is why he makes so many silly-ill-informed decisions, NOT FIT TO BE A PRESIDENT. But God is good; we lamented his brothers’ behaviour and attitude, he became so arrogant, militant non-repentant. What happened next? Kicked the backet, people like him won’t last long, soon the prophets will be prophesising about his death. AMEN!!!!! alah wak baluuh!!!!!!!!!!!!!!!!!!!!!.

  17. CHIGAWENGA says:

    Malawians are and will always remain a docile rot. No wonder our leaders steal and treat us like maggots. They plunder our resources with impunity while we sit phwii. We castigate those attempting to raise their voice for the voiceless. Mtambo is calling spade a spade. Malawians must wake up and realize that Muthalika is not God. He is not doing us a favor as he brags about his position as the president. It is a job and he can be fired even i=ts by a bullet. We can dismiss him by any means necessary. This is our country our land.

  18. sapitwa says:

    Ma Sectionso! Yakanika section 64 ndi 65 phokoso zaka zonsezi popanda phindu, ndiye iyi pali chiani. Akapanda kupanga resign, mukalowa mu nsewu zizikhakanso za sectionyi ai, koma izagwira section yo sokoneza maganizo a wanthu. KKKKKKK!!!!

  19. mula says:

    It clearly shows that Mr mtambo is well qualified for that Job and sadly Mr viola is surely not the right person to do that job based on facts the way have been trickling.APM failed initially as a minister,the question is why did he get support from the south?Likely its because he knew the south doesn’t comprehend properly due to already known reasons.APM has been in the USA for whatever years.Funso ndilakuti chomwe amadudulukilako Ku America komwe wakalambilako ndi chani?I thought delegating the VP wouldn’t have brought all these issues.So munthuyi Apm will not survive the heat based on ndi Moto m’mene ukubwelela.Lets remember that the older you get,the lower the rate at which you can overcome the stress.These issues emerging are surely affecting his stress coping mechanism so it will reach a stage he won’t take anymore.I have believed now that its well known that light travels faster than sound that’s why some people look intelligent until you hear them speak.Ndaonela pa president waku Malawi.

  20. defender says:

    a ngos, chosangalatsa mchakuti ma donars anu amakhutira ndi mmene mmagwilira ntchito yanu kkk stupid

  21. levelheaded says:

    Mtambo kaya ndi nthambo,whatever you call yourself, how can you say that the president is nt immune to resignation? Fellow Malawians who took English subject as their favourite, do you find any sence in what this buffon is saying? First resignation is done voluntaliry; meaning is done at one’s will, while if one is not immune to something it means he is subjected to some guidelines or procedures that can be followed by the other party to force in case that somebody is not willing to do it voluntaliry. So in your case say the president is not willing to resign what can you do? Are there any mechanisms you can do to make him resign? Are you going to force him hold a pen to resign if we go by what you are saying that he is prone to resignation? You dunderhead so called activist, which forces are you working for? You look very young mtambo,you better trace the history of your predecessors there at chrr all chairmen come out bruised to the extent that some can not look for employment anywhere.

  22. maganizo wa maganizo says:

    Mtambo ,who are you to ask the president to resign without consulting us who voted him into the office.Why can’t you openly join politics instead of wasting your time in politics.We know where you belong and if jessie is feeding you with wrong ionformation you will not succeed.

  23. Malawiyano says:

    Northerners are the fighters of Malawi and after succeeding the two regions are the ones who enjoy.

    APM has created his own problems because of wrong advice by homeboys the inner circle , the two regions are going to fight AMP till he knows the truth.

  24. Rodgers Banda says:

    Mtalikas are immune from Malawian laws.Malawi is their farm.

  25. Chilungamo Chimawawa says:

    kkkkkkkkkkkkkkkkkkkk is 36% voters a majority of Malawians. i guess APM and his DPP cadets are mad!!!

  26. zoonadi says:

    Kodi mpando wakhalira Mtambowo ngwa ndalama zingati. Ukamaloza nzako ndi chala chimodzi zitatu zimaloza iwe mwini.

  27. bles says:

    Mr Mtambo, Malawi has more than 14million people, kodi tidzingo mvera kukamwa kwanuko? kodi inu ufulu mwaudziwa lero chifukwa ndi peter akulamulira? Kodi munali kuti Joyce amalamulira?
    Please takhalaniko chete tione zimene Peter angachite for 3 or 4 years.

    A Malawi, tatiyeni tipeleko nthawi kwa munthu amene akulamulira than bwe!bwe! zinthu zopanda pake. Malawi is for us not only amabungwe.

    Frankly, amabungwe mwandikwana. Our country need a president like Fidel Castrol.

  28. Walu says:

    The battle of ideologies has began its north again the genesis of regime change in Malawi. These guys are fearless so do I ,Dunduzu taught us something which is still in our blood being courageous and education. You can not prosper if you are educated but timid. You need be educated at same time courageous thats how the Nyikalanders are. I can sense trouble in this regime if it doesn’t engage in dialog with CSOs. These guys will bring Muthalika leadership on its knees which will force someone to resign Chilima will take over.

  29. BRAJOE says:

    Well done Mtambo.

  30. mdk says:

    Trust from his people not CSOS and the people gave him 5 years.after that 5 years the same people shall make their judgement not you Mr Mtambo plis give us a break

  31. YAKI says:

    Iwe mtambo ndi anzako ndinu zitsiru kodi mmasakha president ndinu kapena anthu mmayankhula ngati mwachititsa refrendum bwanji? sikuti tikasankha president timamusiya mmanja mwanu kuti inu ndiye muzichonga zimene akuchita ayi You are just a minority ngati mukufuna kulamulira osangoyamba chipani bwanji? mwaowa zochita chifukwa mukusowa posolola JB amukudyetsani pa table yake mkumakanika kulankhula mpaka ngege kupita pano mwati mulankule za hired jet zopusa basi

  32. victim Chamkhuni Lwazazi says:

    Viola and Bamusi deliberately twist the facts to please the president so that they continue getting their hefty pay and allowances at the expense of ordinary suffering Malawians. Why do they not talk about the cause of all this? The only meaningful dialogue is for them to advise the president trufully about the ailing Malawi economic situation. Otherwise they are selfish, big mouthed and sinful people to this nation’s children of God.

  33. Achimidzimidzi says:

    Timothy, tell them. what does section 12(iii) say,
    Timothy Mtambo has clarified the election issue: 36% and 64%

    let Mr. Bamusi read this article and come up with a response

  34. leoplant says:

    no wonder Timothy cloud z frustrated…am conquering wit Jerald V…u CSOs shud form ur MOU party & contest for 2019 g/elections…to clear the mess ur sporting today.
    to campaign & gather 36% human hats sizibuana…
    Mr President,anthuwa alowa ndale sizantchito akupangaz…
    Bamusi z rt ‘ur Childish mixed wit some sh**t & sold.
    Let’s come to UN delegation …#jet inu munthuy aziyenda buanj huh?
    as a means of saving Gulan Lichero la chiafrica azikwera kut masana…

  35. dungulinya says:

    What are Mr mambos proposed solutions? Let’s look forward not interested in generalisation, which ministry is underperformed? Which minister are you holding to account. President bashing is easy. What’s your area of focus? What are your proposed time-frames for non partisan development in your area if focus? Solutions are needed not just grumbling. Mumbling. Demonstrating….. Solutions solutions solutions

  36. PHODOGOMA says:

    ZOONA MAVUTO NDE ALIPO
    NJALA NKATI
    TIKUNGOLILIRA MKATI

  37. KoKolikoko says:

    Koma kuli ntchito kaya ife zathu pheee”’
    Kumangodya gaga yemweyu!!!!!’

  38. Zayang'ana says:

    Atumbuka phokoso basi. Mukuganiza kuti ndi president wanji angasinthe zinthu. Our problems are beyond leadership control. Tiye nazoni balumanani. Anthu opusa inu kwabasi. Dzulodzuloli mumati Joyce Banda oyipa, lero mukuti mavuto a mbanja mwanu akupangitsa ndi Peter.

  39. Mo says:

    A mtambo ndinu a ma blues etii?kkkkkkkkk ask Trouble Bamusi,anasintha poyelayela

  40. The Most Concerned says:

    Am among the 36% who voted 4 DPP & I wil vote for DPP again come 2019. I wanted the reform & now it’s here. I can see the bright future of Malawi under the Leadership of DPP. Even my blood is Blue….

  41. Malingaliro says:

    Haven’t read the article but just want to find out how one becomes a human rights and governance activist! I have been following this Mtambo and have never been impressed honestly. What is the role of the CSOs in Malawi? If you can help me with the qualifications one needs to have to become a human rights and governance activists and possibly a list of the roles of these. Perhaps that way I would understand the Mtambos,Trapence and others.

  42. martinkaos3 says:

    fact mr Mtambo.

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