Attorney General meets President Chakwera after MEC storm

Attorney General Chikosa Silungwe on Wednesday afternoon met President Lazarus Chakwera hours after the Malawi Electoral Commission (Mec) storm which threatens to tear apart the Malawi Congress Party (MCP) and UTM in the Tonse alliance led government.

Attorney General Chikosa Silungwe: My advice is that the remaining members of MEC cohort should not discharge any duty or power of the Electoral Commission under the Constitution or an Act of Parliament until Section 75 (1) of the Constitution has been complied with

Officials at State House have given the news of the meeting a blackout but sources said the two met “on issues concerning MEC.”

The meeting came after MEC said with the advice from the Attorney General – government chief legal advisor – that following government’s decision to rescind the appointment of two Commissioners of the Malawi Electoral Commission (MEC), Jean Mathanga and Linda Kunje, the commission can no longer discharge its duties..

Attorney General advised that MEC cannot continue to implement its activities as it has no legal authority or basis until Section 75 (1) of the Constitution has been complied with.

Section 75 (1) of the Constitution stipulates that there shall be an Electoral Commission which shall consist of a Chairman who shall be a Judge nominated in that behalf by the Judicial Service Commission and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament.

On June 7 2020, former President Peter Mutharika appointed Justice Kachale as Chairperson. Other Commissioners were  Arthur Nanthuru, Steve Duwa,  Mathanga, Kunje, Anthony Mukumbwa and Olivia Liwewe.

With Mathanga and Kunje’s appointment rescinded, it means the Commission is left with four Commissioners.

Two legal scholars  faulted government’s decision to dismiss Mathanga and  Kunje as commissioners of the MEC, opining that the two are at liberty to challenge the decision in court.

MEC chairperson Chifundo Kachale, a judge of the High Court of Malawi,  said: “In view of this development and advice [from the AG], the commission has henceforth no legal authority or basis to continue implementing its activities which become suspended by operation of the law until further notice.”

In its communication, the OPC purported that Mathanga and Kunje were adjudged incompetent by the Malawi Supreme Court of Appeal and the High Court sitting as the Constitutional Court in the May 21 2019 Presidential Election Nullification Case.

However, Mathanga argues that the Supreme Court did not find their commission to be incompetent.

In August 2020, Silungwe advised government to formally write appointment letters to the two after OPC sought  legal advice on three issues, including the legality of the appointment of the two commissioners after the Public Appointments Committee of Parliament recommended their dismissal.

President Lazarus Chakwera is also on record as having said that he would not endorse letters of appointment for the two because they were part of an incompetent commission that managed the May 21 2019 presidential election.

Follow and Subscribe Nyasa TV :

Sharing is caring!

Follow us in Twitter
41 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Think
Think
21 days ago

Abwana amakauzidwa kuti kuti malingana ndi malamulo a dziko lino pa zomwe a MEC apangazi, ufumu waonso wathera pompa. Mbola ablazi

bentby
21 days ago

from now onward, i stop to trust chakwera. too stubborn and self centred

BigMan
BigMan
21 days ago

Just how would the AG’s legal opinion split the Tonse alliance! As for the DPP thugs who think that somehow they will bounce back into government, all i can say is that you seriously misread how much you let down Malawians during APM’s rule. Useless thieves.

Chatonda
Chatonda
21 days ago

Mmmm guys Peter ndi prof wa Law. Kodi a Jesus and Napoleon Kwantere agaisolve calculus imeneyi . Mwamuna nzako mpachuludi agogo ankanena zowona

Kwathu Mkomkuno
Kwathu Mkomkuno
21 days ago

Nkhani yaying’ono iyi anthu akufuna kungoseweretsa maganizo mukuganiza a president sanapeze mzeru asanapange chiganizo chochotsa ma commissioner, alipo anthu ochuluka amene amadziwa za malamulo kuposa Attorney general tiyeni tione mmene zithere

Kamchiputu
21 days ago

The MCP Prime Minister is the one misleading Chakwera. Instead of taking advice from the AG they are doing so from outsiders who also have vested interest in the position of AG.In the first place we condemned offering position on appeasement – this was the start of all blunders by Tonse liers.

AMBEWE a Chiradzulu Crew
AMBEWE a Chiradzulu Crew
21 days ago

MR PRESIDENT The witch hunting spirit won’t take us, as a nation any mile ahead. Stop all this madness and concentrate. Remember, teachers’ saga still rages on and adversely and directly affects poor children’s future 6.2 billion covid gate report sits dormant in an office within your administration instead of asigning the whole lot of Neno Boma Rd to the current contractor (FARGO) which has proven beyond no doubt that they can construct a better road than the previous contractor (MKAKA CONSTRUCTION), your government has assigned them to a meagre 11 km stretch your political opponents shall surely use these… Read more »

Chilungamo 100%
21 days ago

And Mkaka Construction belongs to a cabinet minister!

Man scania
Man scania
22 days ago

Munangotenga munthu wamisala nkumupasa ntchito yoyendesa malamulo aboma zoona pano angopanga confuse zinthu silungwe akufuna dpp izimutama

Jah
Jah
21 days ago
Reply to  Man scania

nzeru alibe lero??

Opportunist
Opportunist
20 days ago
Reply to  Man scania

Chikosa Silungwe is genius .And his legal opinion given on this matter was clear to somebody like who has not gone to any school.

Anzanufe
Anzanufe
22 days ago

Ankatiuza kuti kwantele azaononga zinthu koma Ife kusanva. Kwantele wateleka!

The Patriot
The Patriot
22 days ago

We are not in support of Kunje and Mathanga. Nope but we need to religiously prevent MCP from its efforts to hijack MEC for future political abuses. We also need to ensure the Law is followed. MCP is proving to be a thorne more painful than DPP. Very intolerant and full of impunity.

Chilungamo 100%
21 days ago
Reply to  The Patriot

You have sharp eyes comrade. Enawa sakuwona. Zidze pano ndi za tonse. Mavoteravoterawa

shares
Read previous post:
Police finally zero in on Sumbuleta over sexual harassment allegations

Malawi Police say they have finally instituted criminal investigations on Aubrey Sumbuleta, former Malawi Broadcasting Corporation (MBC) Director General. Sumbuleta...

Close