Cdedi accuses Chakwera of conspirancy to victimise MEC commissioners Kunje, Mathanga

A local human rights body, the Centre for Democracy and Economic Development Initiatives (CDEDI), has written President Lazarus Chakwera, cautioning the Head of State against ignoring the legal opinion of the Attorney General (AG) Dr. Chikosa Silungwe on the status of the embattled Commissioners of the Malawi Electoral Commission (MEC), Jean Mathanga and Linda Kunje.

MEC Commissioner Jean Mathanga 
Commissioner Kunje 

Chakwera has refused to offer letters of appointment to Mathanga and Kunje and the two have been going without salaries.

His decision is in conflict with the legal advice of Silungwe who recently gave legal advice to all controlling officers to abide by the Republican Constitution before moving or indeed firing anyone from the public service.

And this has prompted CDEDI to warn Chakwera that the organization and all well-meaning Malawians will hold Chakwera personally liable, together with the Secretary to the President and Cabinet and the Speaker of Parliament for the court remedies, in the event that the Mathanga and Kunje succeed in their court case.

The organization’s executive director Sylvester Namiwa says they do not want the implications of such shameful tendencies of impunity to be shouldered by the taxpayers, who are also the voters.

“CDEDI is further reminding you, Sir, that the Tonse Alliance administration is running government today as beneficiaries of the same respect for the rule of law, as manifested by the landmark ruling delivered by the country’s Constitutional Court on the Presidential Elections case on 3rd February, 2020. Notwithstanding the foregoing, CDEDI and all well-meaning Malawians are dismayed by the actions of your own office to disregard the rule of law as exemplified by your continued refusal to grant letters of appointment to these two commissioners despite the AGs legal opinion and your current shenanigans to fire the two MEC Commissioners through the Public Appointments Committee of parliament (PAC),” reads the statement, which Namiwa has directed to Chakwera today.

“Your Excellency will recall that CDEDI delivered a petition to your office through the district councils of Lilongwe and Blantyre which among other things, clearly requested you not to sit on the Attorney General’s legal opinion on the appointment of the two commissioners, but to act on it by issuing appointment letters to the two MEC Commissioners as opined by the AG. Your Excellency Sir, the decision by your office and that of the Secretary to the President and Cabinet to ignore the Attorney General’s legal opinion vindicates our earlier stand that your action is a clear case of political victimisation coupled with your nepotistic tendency,” it adds.

Namiwa says it is sad that in Chakwera’s determination to politically victimise the two commissioners, the President and the Speaker of Parliament have conspired to use PAC to attempt to legitimize the firing of the two commissioners.

He warns that Malawians will not be fooled by “these dirty tricks from someone who is supposed to be their president”.

“In fact, this is a shame for someone who vowed to protect the Republican Constitution.  In any case and as opined by the Attorney General, we hope you are aware that by firing the two commissioners on the grounds of “incompetence” in the last cohort of commissioners, you will be nullifying your own Presidency.  You should therefore not be surprised if Malawians go onto the streets to call for fresh elections, once you fire the two commissioners,” fumes Namiwa.

He further reminds Chakwera that he is not the law, and neither is he above it.

“Your continued disregard of the Attorney General’s legal opinion, therefore, smacks of executive arrogance. Please note that should the two MEC Commissioners decide to take Government to court for unfair dismissal, CDEDI and all well-meaning Malawians will hold you personally liable, together with the Secretary to the President and Cabinet and the Speaker of Parliament for the court remedies, in the event that the two MEC Commissioners succeed in their court case.

“We do not want the implications of such shameful tendencies of impunity to be shouldered by the taxpayers, who are also the voters.  Your Excellency may wish to know that ignoring legal opinion from the Attorney General which is a constitutional office undermines the authority of the office, a development which has the potential to drag the country into a banana republic where everyone does as it pleases them,” concludes Namiwa.

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1 year ago

Some Malawians are surely dull. They don’t know that Chakwera is using the word “incompetence” or “rubble” or “thieves” to terrorise those perceived as his political opponents. Malawians let us look at everything soberly. Mathanga and Kunje were part of the so called “successful” election of June 2020 which made Lazaro your president. Isn’t that proof enough that the two are actually competent? Don’t you know that the May 2019 elections were disputed just because of politics and selfishness by MCP? Have you forgotten that the courts found no evidence of rigging in the 2019 elections? And doesn’t it surprise… Read more »

1 year ago

Kunje and Mathanga must go. These were so incompetent that we are surprised APM reappointed them. Muhabi Chisi, Mnkhodya and Alufandika too must go. These are still there because of weakness of the state president. Please ignore the political advice from the AG. After all you asked for a legal advice and instead you were given a political advice.

You must also think of finding a replacement for this AG. I think the post is just too big for him. He will always let Malawians down

1 year ago
Reply to  Deliwe

Uli ndi kuchikamwa galu iwe!!

Hate it or take it but it's a fact

The writings of big Cadet, which Malawians will can demonstrate in the streets just bcoz Kunje and Namathanga have been fired??

May be u mean the Lhomwe Belt not the entire nation. U Lhomwes are free to demonstrate but don’t involve us. During your time of Bingu and Peter Muntharika, the Lhomwes were on forefront advocating Nepotism, corruption ,tribalism and disregard of the Rule of Law.

Peter was doing what he want to do but Namiwa and CDEDI was there not to blame him of such kind.

Shut your stinking mouth Namiwa.

1 year ago

Glorifying incompetent, thieving plunderers who were led by the Princess of Thieves Ansah who has since bolted. it’s obviously the cadets who are commenting positively.
Former president Muluzi was right when he said Malawians easily forget. However most won’t forget the billions that went with the rigged May 2019 election and what followed thereafter.

ZIOne izi
ZIOne izi
1 year ago

Chakwera went into government with the sole aim of stealing. He has arranged a criminal enterprise comprising his inlaws friend from church and trusted party members like Nkaka and Chimwendo. People will make noise but nothing will change largely because we have a very weak and useless leader of opposition who is clapping hands at these certified thieves.

1 year ago

Kodi mesa amati Tonse alliance ndiyotsata malamulo? So what if AG has advised govt to abide by the laws and he declines. Athu ndi maso we are waiting for 2025 mwalawa womwewo basi mutuluka dont forget a malawi sitiri wopusa like in 1990s Nooooo!

political commentator

who is NYAMWIWA by the way? always making noise kkkk. My friend, go and eat money with DPP

1 year ago

He is a fellow cadet speaking for friends and thieves from the dpp administration.

Big Kahuna
Big Kahuna
1 year ago

In other news, a Man shouting at clouds

1 year ago

stealing, corruption and abuse of office will not end if such culprits are protected and rewarded by law. our laws needs be be revised for this county to move 4ward.

1 year ago

We must be Serious for Once ,here is a Team that Blew Billions maladminstering an elections …The rest are gone and You still want to Reward the Remaining Two ?What a Joke …..Maybe you better recall the rest of the Riff Ruff …

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