Allow Mutharika to conduct presidential affairs, says Malawi Law Society

July 18, 2019 Chem'bwana Nkolokosa –Nyasa Times 47 Comments

The Malawi Law Society (MLS) has warned political parties and leaders that it will hold accountable anyone who promote any conduct that seeks to subvert the rule of law and has said President Peter Mutharika should be allowed to conduct affairs in the presidency “in the best interest of all Malawians” at all times.

President Mutharika: Has constitutional powers to be Head of State

The lawyers’ body has said the  Constitution stipulates that that will of the people of Malawi as a whole that the country must be built on and on the foundations of integrity, due process and good governance, transparency, mutual respect, peaceful co-existence and torelance for the common good.

MLS said as the country awaits the outcome of the elections petition case which may go either way,  they will keep watching any direct or indirect conduct of all parties concerned..

“The Law Society promises once again to hold accountab;e any of the legal or political leaders who promote any conduct that seeks to subvert the rule of law and the will of the people of Malawi in this post-election period or beyond,” reads a letter MLS honorary secretary Martha Etta Kaukonde signed and  has been  delivered to all the addresses, including President Mutharika, in his capacity as Head of State and president of Democratic Progressive Party (DPP).

The letter is also addressed to Malawi Congress Party (MCP) president Lazarus Chakwera, UTM Party president Saulos Chilima, Speaker of Parliament Catherine Gotani-Hara,  Inspector General (IG) of Police Rodney Jose and  Human Rights Defenders Coalition (HRDC) leaders Timothy Mtambo and Gift Trapence, among others.

The law society observed  that at the last sitting of Palrimanet some legislators were caught on camera watching a nap wile President Mutharika was delivering the State of the Nation Address.

And some members of parliament from MCP disrupted proceedings and others failed to comment or provide insight on the President’s address on account of party political considerations.

The lawyers body said  political maneuvering does not serve the nation best unless it falls within legal limits and legal responsibility.

“Any failure to provide responsible oversight on any person occupying the office of the President does not help to ‘invalidate anything done by the President before that declaration’ by a Court of law if that ever happens,” reads the letter.

The Law Society has called upn the Speaker of the National Assembly and all duly elected MPs to see to it that Parliament business is at all times conducted with all the decorum and diligence expected of business that august House.

MLS also  said it has observed that since the announcement of the May 21 Tripartite Elections results, the political leaders of DPP, UTM and MCP have arranged public rallies.

Reads the letter in part: “The society observes that such rallies have either turned out to be used as opportunities to question the outcome of the presidential elections or a means of reminding the public about political party manifestos in the way this is done during the campaign period or indeed to attack one another for perceived electoral misconduct or triumph.

“Publicly available newspaper articles and online publications disclosing the position taken by either Prof. Peter Mutharika or Dr Saulos Klaus Chilima [UTM] or Dr. Lazarus Chakwera [MCP] at such political podiums concerning the Presidential elections 2019 or its management are common place.”

In this vein, MLS reminds the political leaders that the campaign period provided for in Section 56-57 of Presidential and Parliamentary Elections Act (PPEA) is 60 days before the opening of the polling.

“The Law Society observes further that should the court nullify an electoral result and recall an election, the law in Section 100 and 114 PPEA provides that such recalled election will be conducted in accordance with the Act.

“This means that the campaign rights due to electoral political competitors will have to be observed.

“Read as whole, the law expects that after an election, the nation will quickly get down to serious State business and focus on meeting the aspirations of the people of Malawi as set out in Section 13 of the Constitution except that if there is a dispute concerning the election the courts will be managing it in terms of Section 100 or 114 of the PPEA and other relevant laws,” the letter reads.

MLS notes that while political parties have a right to assemble and disseminate information and indeed to raise governance issues with any public offices, it considers it the duty and responsibility of political leaders not to undermine the credibility of the legal processes engaged by them to address the presidential election disputes.

“Instead, we consider it the responsibility of the political leaders to use such opportunities to warn their members of the possibility of either outcome at the court, and the need to manage either outcome in accordance with the constitutional duty…

“We, therefore, urge you the political leaders and indeed any member of any grouping to desist from the temptation to assume the role of an arbiter in the electoral dispute placed before the court,” reads the letter seen by Nyasa Times.

In respect of DPP, MLS asks Mutharika to consider whether organising any form of counter-demonstration and victory rallies – others call it Chikuwawe rallies – does not fuel the differences especially when the matter remains in court with a possibility of either outcome.

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47 replies on “Allow Mutharika to conduct presidential affairs, says Malawi Law Society”

  6. MLS is another pack of cadets corrupted to propagate lawlessness to ten advantage of DPP. They seem not to know their left and right but will son know what Malawians are fighting for. So sad that the MLS is completely off track at the time we expected them to side with concerned Malawians. Has MLS commented about the technicalities being contested in the courts? No. Have you asked two or a hundred of the protesting Malawians to understand their innermost concerns? No. Then shut up!

  7. A society that is very corrupt and protects criminals. Ma lawyer akubera anthu osauka, kusupporter mbava. Kufuna kulemera mwansanga . Kuyika kumbuyo zigawenga kuti mudye ndalama zokuba ndi za magazi, fotseki zanu. You are worse than prostitutes. You have one leg in hell.

  8. Whoever is not happy, go find your own client to give you bribes. There are plenty candidates. The tippex guys are already taken.

  9. This is provoking the already angry Malawians! Is MLS aware that Malawians can’t be slaves to the law they formulated in 1994? Do you know that what you’re doing is pushing Malawians to start something towards a revolution for a new law? Kodi aliyense akufuna aziopseza a Malawi etiiiiiiiiiiiiiii? Why are you siding with Peter? Is APM not saying a lot that is even worsening situation on the ground? Aren’t statements like I am here till 2024 when there is an outstanding election case not something that means him too is telling the nation he has already dictated the judges as regards the outcome of the election case? MLS ikuoneka ikudziwapo kanthu…………………..! So far what has MLS done on it what APM is doing! Why are you busy reprimanding Chakwera and Chilima? Lets wait and see…………………………………………..!!

  10. The Malawi Law Society (MLS) has warned political parties and leaders that it will hold accountable anyone who promote any conduct that seeks to subvert the rule of law and has said President Peter Mutharika should be allowed to conduct affairs in the presidency “in the best interest of all Malawians” at all times.

    Kwa anthu ena chilungamo ndikuti zinthu zichitike mmene akufunira. Shame MCP ndi UTM. Mukufuna MLS izikutsekelerani pamene ma demo anu ndi au salvage. Akubwenzeretsa chitukuko cha dziko mmbuyo. Sitifuna dziko lachisokonezo ife. Let Mutharika lead. Bravo MLS.

  11. Zikuoneka kuti nonse ka Executive kanuko was not there or did not vote when Malawian did not want such nonsense as is happening now. So zinazi kumangoona osamawaopyseza a Malawi. Akatopa they will turn against you. You are no bigger than Malawian. I thought you joined case ya ma elections ku court as friends of the court. Why dod you look like you are taking sides now? You are not more intelligent than Malawi.

  13. ATI MLS PALIBE CHANZERU MWALEMBAPO APA. YOU THINK NDI LAW YANU IYO MUNGATIWOPSEZE? YOU ARE ALSO FRESH. WE ARE FROM DFFNT PROFESSIONALS…DONT TAKE NGATI NDINU ANZERU KUPOSA ANZANU…THATS FOOLISHNESS.

    1. ndimbali yawo. they just want to assist. ngati mukufuna maula prison. musawanvere. law society sikulesa ma demo koma only to those who choose not recognise the stste president as currently is the legally electerd until the court says contrary.that what the law says

  16. Reading through this article, you can’t see MLA conducting itself as nonpartisan and independent. Their use of words sound and the way examples are interpreted seem to be more of a political grouping that a nonpartisan law oversight body for the constitution. It’s always questionable on the timings of how they choose to show up on the scene. They always show up with precision to divert the course of the process. Then they keep quiet when things are favouring the other side. Where were they when this thing started. Where wae their expert counsel when the election commission cooked up all this saga? In my layman’s opinion, l see the MLS always coming up to protect the dpp.

  17. Munthu wazeru sasapota chipani chotsutsa ife ok pano ndale tinapachika pano tikufuna chitukuko osati ng’ang’ang’a ngat mwabwadwa dziko.ndinalingarila mochedwa kuvotera chakwera munanditcholera ka shop kanga koma ndi navotera MCP. pano ndilibeso nthawi yosapota otsutsa pano ndi kupita pa tsogolo ndi Dpp basi ndale zanu mulibe nazo zeru.

  18. Mutharika is not a president in this country, therefore we don’t need to hear anything from so called MLS.

  19. Which President to be allowed to rule? Inu a MLS mwadyapo eti anthu eni ake ovota tikuti sitinamubvotere APM ndiye mudziti alamulire? Alamulire ndani onani apa wamanga anthu aziotsero ku ma demo a ku Mangochi, ndenkumalankhula kuti President wathu ameneyu? Ma Cadet anamenya anthu pa Upper Stadium nthawi ya ma demo yomweyo pamaso pa Police, wawamanga amenewa? Zamazera Mphuno basi.

  22. Kagulu kamalamulo ka anthu okuba. Muzalangidwa zonse ndi nthawi…..or mungakhale pa mwamba pa lamulo mudzafebe basi ifa yowawa….zitsiru

  23. I believe this is not the route Malawi Law Society should take. There are several things the society can do better rather than masquerade itself as a neutral player when everybody knows that the society leaders are siding with the DPP and MEC. When you are a referee, you do not take a side. You rather protect those that are aggrieved and help that those who are aggrieved are satisfied with the outcome. On the other note, we need help for lawyers who defraud their clients. You need to setup a fund where aggrieved clients can get their money back when swindled by your members.

  26. Inu ngati akupatsani ndalama poti tinamva kale ingodyani koma muziwe zoti kuchita ma demo ndi ufulu wathu komaso tinakavota tokha dzikoliso ndilathu silamunthu mmodzi ndiye musatiopseze mitu yanuso nonse anthu opanda nzeru kodi mukufuna kuononga malawi inuyo zoti anthuwa anagwiritsa ntchito tipex simukuziwa bwanji lero akulepera umboni wa maresults ku court ngati peter anawinadi.ana amahule

  28. I believe its ill-placed to be talking of the will of the people when the same was denied or compromised with that election or mis-electon to be exact.

  29. Am not a subpoena but in any nation where dispute arises out of erection and that no person has overall jurisdiction to govern, the chief justice in his jurisprudence must declare marshal law where a military ranking official becomes a governor in order to bring sanity before power transition to a civilian. Real power lies with the people. Just thinking out loud !!!!!

  31. If the court rules for a re-run and APM remains president during that period, then Chilima has to assume VP’s role as well or full benefits

    4. NO,NO,NO,NOOOOOOOOOOOOOOOOOOOO!!! chilima is not by any means allowed to step in the office of the VP . People demanded his resignation and refused .what work will he be doing after a long sitting without doing anything? Don`t waste our moneys please . If goes like that I will march alone from here to his house vire the court.

  33. The MLS is drunk. Peter Hitler Mutharika is not the president of Malawi. Tell him to stop unleashing terror on other tribes. Tell him to stop nepotism. Tell him to stop quota system. Tell him to allow FEDERALISM in Malawi rather than a unitary system that is dominated by his tribe. Stop being cowards—-call a spade a spade. Fuck you all!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    5. Brother – you sound like a headless shit – if you don’t change your mindset you will die like shit. you must understand that all those so-called opposition leaders even if they are given this government for free to day for them to run you and me we will remain poor unless we work hard for ourselves – wanva ?

    6. Mls have been given something and they are not people of malawi, they say to shut up the malawi voice. President wanu akulamulira ndi and 3million

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