High court orders Chakwera to reinstate, two MEC commissioners

“…Pay their honorarium”

The High Court in Blantyre on Friday ordered President Lazarus Chakwera to immediately reinstate two embattled Malawi Electoral Commission (MEC) Commissioners Jean Mathanga and Linda Kunje.

Dr Chikosa Silungwe: Attorney General: “I told you to follow the law”

The court has further ordered government to pay honorarium to the two mentioned MEC commissioners starting from the month they stopped receiving these benefits.

Apart from that, High Court Judge, Jack Nriva has also ordered said the office of the president to pay all the legal costs.

Jean Mathanga -pic by Lisa Kadango 

Chakwera fired the two saying they were appointed illegally and government at the time that they were already not receiving their monthly benefits against the Attorney General’s advice.

In a letter dated April 7 addressed to the two Secretary to the President and Cabinet Zangazanga Chikhosi said the appointment made by former President Peter Mutharika last year has been rescinded with immediate effect.

“The rescission is on the basis that you were adjudged incompetent by the Supreme Court of Appeal on 8th May, 2020 in MSCA Constitutional Appeal no.1 of 2020 regarding the manner in which you handled the 2019 General Elections,” said Chikhosi.

Attorney General Chikosa Silungwe told Chikhosi that maintaining the composition of the current MEC commission would be “neater and mature political pragmatism.”

SPC Zangazanga Chikhosi – ignored Attorney General’s advice and chose to follow himself.

But according to Chikhosi, the Supreme Court ruling disqualified Mathanga and Kunje from being appointed as MEC commissioners.

He cited section 75 (3) (b) of the Constitution which says that a person shall cease to be a commissioner of MEC “if any circumstances arise that, if that person were not a member of the Electoral Commission, he or she would be disqualified for appointment as such.”

However the two challenged the President’s decision to rescind their appointment.

Speaking in a phone interview, Kunje while confirming the development, expressed her excitement saying “I feel vindicated.”

Linda Kunje – back to work after big win

The firing of the two also came days after the ruling Malawi Congress Party dragged Chakwera to court of the composition of the electoral commission.

Kunje and Namathanga were appointed by former President, Peter Mutharika to represent his party, Democratic Progressive Party (DPP) despite the high court declaring them incompetent especially in the way they handled the 2019 presidential elections, which the court nullified.

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42 replies on “High court orders Chakwera to reinstate, two MEC commissioners”

  1. Are these not the same weird sisters High Court and Suprime courts declared incompetent? I thought Law is supposed to take precedence? My appeal to Tonse Government should not relent. They should take this adjudication to supreme Court for review. The court is saying one thing today and a different thing tomorrow. Evidence of corruption is being manifested here.

  2. Let the case be appealed to the supreme court and costs go higher than this, then get paid by individuals and not from the public purse

  3. It has been revealed that the AG deliberately sabotaged the case. He did not even bother to file any affidavit. If his vision is different from that of the person who appointed him then why can’t he just resign?

  4. The problem of taking advice from every Jim & Jack. The other problem as well is that other advisors don’t give the President the true advice based on the law but just trying to please the President which is bad. Now the AG is vindicated. I wish George Kasakula & Humphrey Mvula will come back on their Hot Current Program to apologise to the AG cos they demonised him for giving the President advice which the AG thought was based on law.

  5. Kodi ndiye kuti basi apolisi anangotimenya kwa week imodzi pankhani yakusavala mask? Anatopa mwamsangatu. I think wina anawatsina khutu kuti timawapanganirana

  6. Where is HRDC now to push for the costs to be paid by Chakwera and Chikhosi. That’s stupidity. Bravo Silungwe the best AG

  7. If they think they can make any decision and thinking that they have the power, let me see them stopping this. Decision making isn’t about making oneself feel powerful, or to be seen as such by those around you, in this case no decision was made because we are back in the same position but with costs.

  8. Kodi Anyasa times munandi blocker eti. I
    Ine ndimayankhula musapyatila za wina aliyese. Ndiye ndi kachita comment za Chakwera ndalakwitsa. Mwanditsekerezere ufulu wanga freedom of expression andi ndimmene ndikudzionera zinthu.

  9. Let zangazanga chikhosi and Lazaro pay the Legal costs . Awiriwa ndi mkhutukumve. Silungwe advised them the way to handle this issue koma amanyozera . Lero ndi izi.

  10. Unkhutumve unathera mu siizi! Silungwe advised accordingly but President and his Zangazanga chose to defy the advice. The President and Zangazanga must shoulder the costs as it has been the case with APM and Muhara pasakhale kukondera apa ayi! They should learn kulemekeza malamulo as Chakwera has been preaching himself pajatu akhala akunena kuti iwo ndiwo eni eni wolemekeza malamulo kkkkkkk

  11. Chakwera and Chikhosi shud pay.. don’t use even a dime of our money.. precedent was set..

  12. Dr. Silungwe (PhD Graduate) from Warwick University – UK) advised that taking the route as per Zangazanga’s reasoning was suicidal. But after seeking advice from above, Zangazanga followed what his boss directed. The judgement as meted out after the appeal judgement said otherwise. Not long ago the same courts told Mutharika & Muhara to pay fines following official decisions they made whilst in office. Here we are again seeing a replica of the same; my take is that the costs incurred in this judgement plus interests accrued from the unpaid or delayed honoraria must be made good by Chikhosi and whosoever directed him to arrive at such an unprofessional decision. This has to be applied now whilst the culprits are still in office in order to show that the law sees no boundaries, rank, tribe or sanity. I rest my case.

    1. Taona anthu ife from Harvard University ndiye Warwick University or whatever you call it ndichiyaniso?

  13. long live our constitutional democracy, most of our neighbouring countries dont have such rights; though it still pained me those fought for our democratic freedom never got honoured chakufwa chihana n others.

  14. The one who will pay the cost is Chakwera and his belongs Chikosi this is the same mistake APM and Muhara did as it stands Chakwera and Chikosi are responsible for all payments

  15. O Chakwera mwaona tsano uko dzinthudzi dzuluyendera ati. Khalani ochenjera ngati njoka babulo litero.Okumpwetekrtsani anzanu mudawaika mmipando amene ali anvula zakale ndinso zamalamulo iwo nkutali. Tanverani o Sulungwe omwe ndi kadaulo pa nkhani ya malamulo kapena a Janet Banda osati zinazi zingoononga mbiri yanu baba.

  16. Set justice ..zokonza izi.. tiyeni ku supreme court tsopano!!!!kkkkkkk
    kodi nkhani ya Kunje ya panseu yangotheramo??

  17. Let the decision makers pay. It was against legal advice that they decided. Malawians should not be made to pay for this.

  18. Our courts are confusing us all. If the appointment was illegal then there is only one way about: it should be quashed! So what will happen come 2025 when the new cohort is appointment? Will Chakwera follow the law or he will break it in accordance to this ruling? We are all being spooked by our courts…

    1. True to the point chief. The courts should be the last to break decorum. This is the paradox of corrupted adjudication

  19. Chakwera and Chikhosi should pay the cost just as Mutharika and Muharak did. The precedence was set already.

  20. Chakwera keeps disappointing every day. Palibe ndiona ine. His inner circle will be his undoing

  21. Costs should be paid by those who made this stupid decision. We know those involved, period. No selective justice. This stupidity must end.

    1. I agree. They were duly advised by the attorney general but they choose their own way. They must personally pay the costs.

  22. How much is their legal cost? But if it was against APM munakanenatu apap kodi munakhala bwanji?

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