Mzuzu MP petitioned to move motion to impeach Mutharika: Malawi leader accused of ‘gross incompetence’

Mzuzu City member of Parliament (MP) Leonard Njikho is snubbing a petition he has receivied  which is calling him to move a motion to impeache President Peter Mutharika due to  among others “gross incompetence”.

Mutharika: Accused of being a negligent President

The petition has been signed by over 36,000 people led by taskforce chairperson Andrew Longwe and  Sandra Kamanga, seeking impeachment of President Mutharika.

It sets grounds for indictement through impeachment as; Criminal negligence, Mutharika’s executive order to suspend laws that make homosexuality illegal in Malawi as one example in which the President has contravened against the Constitution and delegating ersetwhile minister of agriculture George Chaponda for ministerial duties when there was a court injunction stopping Chaponda from performing as a cabinet minister.

They also accuse President Mutharika of influencing arrest of opposition Malawi Congress Party (MCP) members over treason allegations.

Petitioners argue that President Mutharika allowed or may have instructed his agents, the police to illegally arrest MCP parliamentarians.for offences that are not exempted from parliamentary immunity based on flimsy evidence that can reasonably be construed to have been obtained by infringing on the accused’s freedoms.

Longwe told Nyasa Times that Njikho has up to March 4,2017 to move the impeachement motion.

“Both Dr Chaponda and President Muthatrika defied that injunction and disobeyed the court order, by one, the President allowing Dr Chaponda to travel to Germany in his capacity as Minister if Agriculture and the minister himself travelling to Germany while being fully aware of the court order,” reads the petition.

Longwe said Mutharika’s action represented a clear violation of the president’s oath to ‘obey‚ observe‚ uphold and maintain the Constitution and all other law of the Republic.

Laying their grounds for impeachment, the petitioners argue that Mutharika has time and again proved to be “a negligent President” dragging Malawi into “grave danger”.

The copy of the petition has been send to Speaker of Parliament, Richard Msowoya.

President Mutharika is also accused in the petition for  “gross incompetence.” The petitioners argues that Mutharika ha sput Malawi on “auto-pilot” evidence by not being visible and commenting on crucial issues affecting Malawians.

But Njikho has rejected the application, saying he will not move the motion.

“Forget it, I am not going to table such a motion. The charges a re frivolous,” said Njinkho, a member of the ruling Democratic Progressive Party (DPP).

Njikho said the matter was “sensitive” and that he would consult law experts.

DPP spokesman Francis Kasaila said the party will fight against the motion if it will be tabled in parliament.

The petitioners want the  legislators to summon Mutharika  to appear before the House to answer impeachment charges and be  formally indicted at the beginning of the impeachment proceedings.

University of Malawi constitutional law expert Edge Kanyongolo said the Constitution provides ground for impeachement, saying Section 86(1) of the Republican Constitution of the National Assembly stipulates that the President and Vice-President shall be removed from office where the National Assembly has indicted and convicted the President or Vice-President by impeachment.

Sub section (2) says the procedure for impeachment shall be laid down by the Standing Orders of Parliament, provided that they are in full accord with the principles of natural justice.

But Kanyongolo said the impeachment can only succeed if the President has  “a serious violation of the Constitution” and not any other mistake.

In 2005, Malawi’s Parliament opened debate on impeachment procedures to oust President Bingu wa Mutharika for allegedly violating the Constitution.

The issue of impeachment procedures caused havoc in Parliament during the first term of the late Bingu wa Mutharika when some opposition UDF supporters wanted to impeach him on among other grounds that he ditched the party that ushered him into office.

The controversial motion was moved in Parliament by Lucius Banda, who consequently lost his parliamentary seat. Parliamentarians then wanted to impeach the President but the procedures were not yet incorporated into the Standing Orders.

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Achi
Guest

Eeeeeish!!!!!!!!!!!!!!!!!!!!!

These are people who voted DPP into power. This is a DPP constituency. If it were an MCP or PP or UDF constituency you pple would say its Chakwera.
The thing is, the voter, not only MCP and PP, but the DPP voter as well is disappointed with the Malawi leadership.

Our democracy needs thorough cleaning if we are to develop.
Our nation needs cleaning, nothing but cleaning

Denguzman.
Guest

Let us wait and see

Benjamin
Guest

Peter mutharika has failed our country as a president and he has to go.therefore I support the impeachment.

hhuuyu
Guest
Atumbuka kudzachitanso befu kachikena pamenepaja. Eish mtundu uwu ndiye ndi tudzi teniteni. Impeaching Who? For what? Gay rights? Shame shame shame. Anthu oyipa zedi akumpoto inu. Kodi manyazi mulibe? Don’t you see kuti the whole country is watching your actions very soberly in atumbuka? Thats why Mr …….. said on Times TV programe kuti Livingstonia Synod is a Club, that is why it is following its members in Lilongwe. He says he doesn’t see God or spirituality in the actions of the northern synod. He thinks that the synods’s claim that it is following their tumbuka speaking baboons in Lilongwe… Read more »
Mashall
Guest

Why are people calling
Or talking of all this ??

What is the main cause ???

????????????????

Kangaroo_Court
Guest

Ignorance Leaders! We are complaining of national financial crisis,and mfiti inanso iziyamba za Impeachment.Where will yu get the money for re-election?
Kodi agaalu inu simukukwanitsidwa bwanji ndizomwe mukulandira?Intead of fightng for the well faire of the common ppo,u r busy kukhutitsa mimba zanu.
When just the allowance have delayed mumatokota kuti mukavuta ku Parliament OR kuti simupita.Pamene anzanu ma Civil servants akukhala 3 Months/4 asanalandire but they are working day and night.Have yu ever thought of fighng for them?Mumangoganizira basi zanu nokha,Bullshit!!!!!!!Dont take Malawians for granted!Tidzakubwereranitu konko ku Parliament ko!!!!

Shokodido
Guest

Why do the northerner want to waste Government’s money for nonsense. They should not forget what happened in 2009. The opposition was very busy with impeachment and section 65, in parliament and outside. What happened later was that they made DPP much popular and won the 2004 elections with land slide victory. Be very very careful, you think you are bringing down DPP but the truth is that you are elevating its popularity.

petermustfall
Guest

HE SHUD GO…….ndipo the petion ibwele kuno ku central and south tizasayine nawo…adzipita munthu emeneyu, akapitilize retirement ku US, Akutiwonongela ndziko.

Simutitha
Guest

Atumbuka simukugona ku mpotoko plotting evil all the time. Shame on you

Binnwell Kachikopa
Guest

But this one deserves impeachment for sure

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