Malawi heading into lawlessness – MP Mhone

Malawian opposition lawmaker Ralph Mhone has maintained his claims that the country is in a “constitutional crisis” and that the nation is “headed for lawlessness” under the Peter Mutharika rule.

Mhone: Lawlessnes

Mhone: Lawlessnes

“We are headed for lawlessness if the Executive who is supposed to be enforcing these laws, does not want to respect the laws,” said Mhone who is People’s Party (PP) Member of Parliament for Nkhata Bay Central.

Mhone, a lawyer by profession, was reacting to the controversial selling of the hitherto government wholly owned Malawi Savings Bank (MSB) despite parliament stopping the sale.

He said Mutharika’s government”seems to want to ignore the law all the time.”

Mhone stated that the Judiciary told the Executive that whenever there is a creature of statute, for example, by law, it cannot be dissolved by a Cabinet decision.

“That was a decision at the High Court of Malawi made in the case of the National Celebrations Council in 1997. You cannot dissolve something created by an Act of Parliament through a Cabinet decision or through a directive. And here, we have an Executive that stole people’s assets [Malawi Posts Office] and put them into MSB and today it is continuing the flouting of the law by selling it to someone else. The law is still intact,” said Mhone.

He pointed out that Minister of Finance, Economic Planning and Development Goodall Gondwe has flouted a law created by Parliament in 2003, which says “if it is a bank don’t sell more than the 50 per cent.”

He asked Gondwe to explain whether the Executive arm of government is prepared to respect the Constitution and the laws that are made by Parliament and which are decided upon by the Judiciary, as to how the Executive should conduct itself.

“Otherwise, this country is in a constitutional crisis,” noted Mhone.

Gondwe conceded that indeed “all the assets of the government and both physical and financial are under the custodianship of the Ministry of Finance, this is true.”

But Minister of Justice and Constitutional Affairs, Samuel Tembenu explained that there is no such restrictions that government cannot dispose more than 49 per cent.

“We have combed through the law beginning with the Constitution, the Public Finance Management Act and any other law that we could find, there is no such restriction. Actually, the disposal of public assets is governed by the Public Private Partnership Act and the responsibility to do that is rested in the PPP Commission. They can make deals guided by their Act. So the restriction that is being argued here is not premised on any provisions in the Law,” said Tembenu.

The Justice Minister said Parliament is “a valuable institution” in the country’s democracy, saying it has discharged its role, in pointing to government the issues of concern on MSB sale.

“And having looked at all those, government has taken up its responsibility to do what it has done. That does not mean that it has demeaned the role of Parliament; it has not. It is just that Parliament has its role; Executive has its role and the Judiciary has it role. All arms of government would do well to respect each other’s role in a matter like this one,” said Tembenu.

Justice Minister dispelled fears that the MSB sale transaction has been made illegally.

“I think let us be honest and clear to the people of Malawi that, there is nothing that is illegal in what has happened. Legally, government has followed the law,” said Tembenu.

The Malawian government has disposed of 75 percent of its shareholding in the MSB to Financial Discount House Holdings.

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33 thoughts on “Malawi heading into lawlessness – MP Mhone”

  1. Malawian says:

    The future will solve the problem.

  2. nkhata bay says:

    No 22 well told to this sleepy MP lawyer of yours. Time for him to wake up.

  3. LAWYER says:

    Tembenu – tell them. yowoya mvana

  4. katapwito says:

    Malawi ikusauka chonchi mpaka lelo kamba ka Goodall Gondwe dziwani kuti kuchokera nthawi ya Amuluzi Mr GG anali Mlangizi wa za chuma kubwera Bingu anamusankha kukhala nduna ya Zachuma komanso Mai Joice anamusankhanso kukhala nduna ya Economy lelo akutinso ndinduna ya zachuma ngati dziko la Malawi silikutukuka ndi chifukwa cha Goodwell choncho akuluwa ngati ali ndi nzeru ndinthawi yoti apatse mpata anzawo tione kuti chikuvuta ndichani komanso plz Mwakula musationongere dziko mwaononga kwa zaka 20 plz apatseni mpata anzanu mwina Malawi mkuonako kusintha.

  5. kkkk says:

    Mawa kuli independence ya alomwe kkkk
    Kuno ku BT eti tapeza atapachika ndi mbendera ta DPP mma round about kkkk
    Indepence tizachita celebrate after 2019, ikazachoka mafia party yi.

  6. Kulibe kantu says:

    I do not agree with Tembenu. Mhone make more sense. You cannot sell more than 50% shares. Mhone is also quoting the law, so which law is Tembenu quoting?

  7. Aron says:

    Malawian are coward people

  8. mangoni says:

    No-one is to be above the law.

  9. chefourpence says:

    mind control tactics at work! Use of politically charged language to twist people’s minds…..’lawlessness’, crisis’ etc. State facts for Malawians to appreciate your reasoning basi! Not creating fear! Heading towards lawlessness how? Consitutional crisis how? You did this in 2012 against Bingu and it worked but not this time nepotists! Get lost.

  10. dambudzo mwasanya says:

    These are what we get when the country is full of illiterate people,tribalist and cannot look at policies when voting.What they know is hand clapping and are very much contented getting a bottle of fanta and a ban during 6 th July celebration.They will be ferrying truckloads of goliyati people to sing song of praise of Pitala.Dziko ili lili ndi mavuto ambiri kwabasi.

  11. chatonda says:


  12. Joseph Banda says:

    Bwana Mhone, We at your constituency know that you are a lawyer and can argue issues legally. But tell us what you have in Parliament for US. Probably we need Vuwa Kaunda back. We have heard you on three occasions making unnecessary noises. Urging Britain to pay, the MSB and now the breaking of the constitution by the President. What about us, nothing. For sure whether MSB is there or not has and will never solve the road from NB to MZ nor finish our hospital. What about the poverty in the district? Abwana, forget your Court days and concetrate on us at the small constituency. KOMA MWANVA?

  13. Kukaya wa kukaya says:


  14. MKWAPU says:


  15. wids says:

    If anybody feels injured with what government has done let them go to court. Banks have been sold before and what is this whole fuss about MSB. Did you want to retain it so that you should continue abusing it in 2114 when you will win elections. Stupid and useless opposition.

  16. George phiri says:

    When you are in power you always do the right things but when power vanishes thats when all evils done come out. Panopa DPP is right in whatsover they are doing koma mudzadziona tsiku lina akatuluka mmboma. Ndipo musamanamidzane kuti simudzatuluka mmboma chifukwa mulungu ndiamene amachotsa power ngati momwe adachitira ndi anganga Kamuzu, Muluzi, Bingu. Onsewa never dreamt of leaving power one day. Koma alikuti??????????????

  17. A dpp ndioyipa kwambiri mbava

  18. Achimidzimidzi says:

    Hon. Mhone you are dealing with the “dog without morals and values”.
    As long this “dog” is the president Malawi, you are done.

  19. Rodgers Banda says:

    Justice minister needs hospital antention for his babblings can clearly be known by a std 5 learner. Does he really know that Malawi is a government of the people? Public assets, firms and companies sales should reach agreement by all Malawians before sales. Not just dectating

  20. Chimani. Game says:

    Nobody is courageous enough to show this guy the Kabila style

  21. big boy says:

    Hisbolla thats a good question

  22. Thanda says:

    executive arrogance at its best…the beginning of the ending

    ” amayamba kugontha ndimakutu”

  23. tsetsefly says:

    Disrespect of the law is a character of DPP. The so called law professor is a big idiot who appears to be out of control of management of the country.

  24. Joseph says:

    Koma Tembenu nayenso. Kodi anthuwa nzeru zawo zinatha bwanji? Wokhawokha akuti “all arms of gvt should respect each other and not interfere into one another’s decisions, but they are the same people who are using the courts to bully parliament into doing what they want’. What did Malawians do to derserve this evil gvt, like seriously?

  25. Weniweni Balakasa says:

    Am crying for my beloved malawi. Celebrating 6july while civil servants having no tambala in their pockets. Azanga akumwera kumamkonda ndi wathu akutiphinja ife tomwe professor wantundu wanji ameneyu Mwina ma civil servants achilomwe alandila ma salary awo. Tisova akumwera

  26. Tengupenya says:

    The natural laws can be used and ought to be used.

  27. R K says:

    Ngongole ya Muli tibweza ndi a Malawi iye azingolemerabe ife mkumangosaukabe.

  28. nganga says:

    Malawi atha kukhala wabwino kwambiri popanda ma minister. Sindiona chimene amachita chothandiza dziko kuposa kuba ndalama zaboma

  29. Stanley says:

    Legislature poking dirt nose on Executive muona polekera

  30. nganga says:

    Ine sindivota

  31. Judge Mphwinye says:

    Wait & see where the money will go…Mapwevupwevu pa 6 Julypa.. cerebrating independence…ooo my foot!unakakhala umasankha kobadwira bwenzi nditasankha dziko Lina zaziizi kumango browsa pa net nkumati Jodi kadziko ka mbava kameneka mesa Amar ndi ka God fearing country…

  32. Man says:

    a Tembenu, we thought you would utilise your knowledge to guide these people into right direction, BUT alaaas! you are busy defending their stupid, arrogant, senseless , poor, undemocratic, and uncalled for decisions ! MAY THE GOOD LORD REWARD YOU ACCORDINGLY! SHAME ON YOU!!!!!!! Mwana wa njoka iwe!

  33. hisbolla says:


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