Bid to block Vice-Presidents from automatic rise to Malawi presidency

A Lilongwe resident has submitted a draft Constitutional Amendment Bill to Parliament proposing far-reaching reforms to Malawi’s Vice-Presidency, including ending the automatic succession of a Vice-President to the presidency and making the office entirely appointive and removable by the President, Nyasa Times  has learnt.

In a proposal addressed to Speaker of the National Assembly Sameer Suleiman, concerned citizen Boldwin Bickiel Dzuwalatsoka argues that Malawi’s current constitutional framework has repeatedly generated political tensions, mistrust and power struggles between Presidents and their deputies.

The draft Bill seeks to overhaul key sections of Chapter VIII of the Constitution governing the Executive, contending that the current arrangement effectively creates a permanent “President-in-waiting” and encourages political rivalry rather than national development.

Dzuwalatsoka cites the experiences of several former Vice-Presidents, including Justin Malewezi, Cassim Chilumpha, Joyce Banda, Saulos Chilima, Michael Usi and Justice Jane Ansah, as evidence that the office has become a recurring source of political instability and constitutional disputes.

Under the proposed reforms, the Vice-President would no longer be elected on a joint presidential ticket. Instead, the President would appoint a Vice-President after assuming office.

The Bill further proposes that the Vice-President serve entirely at the President’s pleasure and could be dismissed at any time without impeachment proceedings or the need to provide reasons.

“The office of the Vice-President shall be ceremonial in nature,” the draft states, adding that any executive authority exercised by the office holder would be delegated by the President.

One of the most significant changes would affect presidential succession.

Currently, Malawi’s Constitution provides that the First Vice-President automatically assumes the presidency for the remainder of a presidential term in the event of the President’s death or permanent incapacity.

The proposed amendment would abolish that arrangement.

Instead, the Speaker of the National Assembly would become interim President within 24 hours of a vacancy occurring. The Speaker would then be required to organise a fresh presidential election within 90 days after the burial of the deceased President.

During the transition period, the Speaker would retain both the offices of Speaker and President and would have powers to appoint a Cabinet to ensure continuity of government.

The outgoing Vice-President would cease holding office immediately but retain state-funded retirement benefits, including security, transport, accommodation and financial support.

The proposal also calls for the creation of a new constitutional provision guaranteeing benefits for former Vice-Presidents after leaving office.

In the memorandum accompanying the Bill, Dzuwalatsoka argues that the existing constitutional arrangement encourages political manoeuvring instead of governance.

He says the reforms would reduce conflict between Presidents and Vice-Presidents, protect office holders from political humiliation, and allow greater focus on development.

The proposal offers Parliament two possible transitional pathways. One would make the amendments effective immediately upon passage and presidential assent, while the other would defer implementation until after the next general election.

Dzuwalatsoka acknowledges that amending Executive provisions of the Constitution would require compliance with Sections 196 and 197 governing constitutional amendments.

He recommends seeking certification from the Speaker that the changes do not affect the substance or effect of the Constitution and securing support from at least two-thirds of Members of Parliament.

In his conclusion, he urges Parliament to consider the reforms before the next general election, arguing that Malawi’s experience has shown the need to revisit the structure and role of the Vice-Presidency.

The proposal has not yet been tabled in the National Assembly and would require extensive parliamentary scrutiny and constitutional review before any legislative action could be taken.

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