Judge rules Mutharika deliberately misled Malawians on ‘parliamentary supremacy’

A ruling on judicial review case on the attempt to send on forced leave pending retirement Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea, High Court has faulted the country’s immediate former president Peter Mutharika for attempting to mislead Malawians that Parliament is supreme over courts.

Mutharika: Deliberately misled Malawians

Mutharika made the remarks in his last State-of-the-Nation (Sona) address to Parliament in June this year when he persuaded lawmakers to reverse the court ruling that nullified the 2019 elections.

But judge Charles Mkandawire in his ruling  dismissed Mutharika , who is a law professor himself, saying his assertion was misleading the public as only the Constitution is supreme in Malawi and that give all the three arms of government  – the Executive, the Judiciary and the Legislature – equal separate statuses.

“With due respect, I see nowhere in the Constitution of Malawi or any other law in Malawi where it said that Parliament is more supreme above the court,” said Mkandawire in his ruling which was delivered last Thursday in Lilongwe.

The judge said Mutharika “deliberately wanted to mislead the citizens of Malawi.”

He said what Mutharika said in his Sona “has no grain of truth at all.”

On his part, Sunduzwayo Madise, dean of the Faculty of Law at Chancellor College—a constituent college of the University of Malawi, agreed with the judge that Mutharika was deliberately misleading Malawians.

He said Mutharika’s remarks were made “intentionally”.

While Malawian law expert based at University of Cape Town in South Africa, Professor Danwood Chirwa, asaid the ruling would  deal with “an obvious Executive encroachment in the independence of the Judiciary.”

Chirwa said if Mutharika was to be asked about Constitutional supremacy now,  he would readily admit that he was “talking nonsense” at the time.

Mutharika lost the fresh election to President Lazarus Chakwera of Malawi Congress Party (MCP), who teamed up with UTM Party president and the country’s then estranged Vice-President Saulos Chilima.

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Ingwazi
Ingwazi
9 months ago

Ha ha ha ha ha misleading Malawians
Kupusisa a Malawi
Ife timadziwa kuti madala akunama koma poti nanga ndi polofesa nanga tikanatani ife akumudzife

Yekaterinburg
Yekaterinburg
9 months ago

Mutharika is a shameless old fool. Every inch a crook and corrupt. He endangered our democracy when he attempted a coup against parliament and by concealing the death of his Mr Unpredictable Despot Bingu. Arrest the foolish old man.

Last edited 9 months ago by Yekaterinburg
Kkkkk
Kkkkk
9 months ago

Kodi opanga lamulo ndi otanthauzira lamulo mwa awiriwa wamkulu ndani? Yankhani funso osayankha pambali. Our Republican Constitution gives power Parliament to subpoena a Judge. Wamkulu ndani?

Quarantina
Quarantina
9 months ago
Reply to  Kkkkk

Our Republican Constitution also gives the Judiciary powers to declare a law passed by Parliament to be unlawful if it is deemed so to be. That’s why the constitution is framed in such a way to provide Checks and Balances each on the other. Each arm of government is not supposed to encroach on the other’s area of jurisdiction, but to perform a complementary role for democracy to thrive. The Legislature makes laws; the Judiciary interprets them; the Executive executes them. A good constitution ensures that each arm of government does not abuse its area of jurisdiction. Of course our… Read more »

Moya khoviwa
9 months ago
Reply to  Quarantina

Muntharika did not win any elections in Malawi. So all what he did is illigal so Malawian ask your self if he is worthy tax payers money as beneficiary.

Vilhomwe Ndivimbuli
9 months ago

Pliz stop mentioning the Fool called APM, tinathana nacho ichi!

Gee
Gee
9 months ago

Kodi akadalipobe Pumbwa? Watitu ziiiii ndipo palibe wamusowa

Collings M Haward
Collings M Haward
9 months ago

When you start harvesting what you showed

Mina
Mina
9 months ago

Saw

National CEO
National CEO
9 months ago
Reply to  Mina

sow

Mangochi Kabwafu
Mangochi Kabwafu
9 months ago

In simple terms, gogo NTCHONA mutharika ndi bulutu/mbuzi/mbuli.

BigMan
BigMan
9 months ago

APM was talking crap!

Sillica Gell
Sillica Gell
9 months ago

I see most contributors have chosen to think very low on what APM said including judiciary and most legal minds regarding legislative supremacy over and above judiciary. Legal commentators have ably alluded to the fact that the constitution is supreme over and above all branches of government and above every individual in Malawi, in other words, the law is above everything. Having that background we come to 1) the maker of laws, 2) the interpreter of law and 3) the enforcer of law. The maker of law is parliament, the interpreter of law is Judiciary and the enforcer of law… Read more »

Richard Steel
Richard Steel
9 months ago
Reply to  Sillica Gell

Where does parliament get its powers or authority to make laws? Is it not from the Constitution? How can you be above the one who tasks you to do something? Please, do not let us down. The professor goofed, and Sillica, I am sorry, you have goofed!

Sillica Gell
Sillica Gell
9 months ago
Reply to  Richard Steel

I doubt if you read what I wrote.

Richard Steel
Richard Steel
9 months ago
Reply to  Sillica Gell

And I doubt if you are the one who wrote the concluding statement. Parliament is never supreme above constitution, not even above executive or judiciary. In the Laws of Malawi, the Legislature, the Executive, and the Judiciary are equal, only that they provide checks and balances to one another; within the legal framework of each entity.

Lego
9 months ago
Reply to  Sillica Gell

If you nothing you better shut up

Wachiyao
9 months ago
Reply to  Sillica Gell

You started well but finished very poorly. APM deliberately tried to mislead us. For you Sillica, it’s either the old man successfully misled you or you are attempting to help him mislead us, which is really a stupid idea considering that the matter has already been concluded by better minds than yours.

Chinamwali Boy
Chinamwali Boy
9 months ago
Reply to  Sillica Gell

Parliament make laws but they do not own them.

Muth Arika
Muth Arika
9 months ago
Reply to  Sillica Gell

Nice try but this is faulty logic. The three arms rank pari passu. What you describe is simply separation of powers of the three arms of gov. To suggest that the constitution privileges one arm above another is simply inconsistent with its the letter and spirit. Read sections 7,8 and 9 of the constitution to understand the roles of the 3 arms.

Boy
Boy
9 months ago
Reply to  Sillica Gell

Kodi nkutero?????

Petulo Namagwelu
Petulo Namagwelu
9 months ago

Is there no law to prosecute this fellow the law professor because according to the courts ruling he frouted the doctrine of separation of arms of government which is believe can’t be a civil cause other than criminal cause.

Masharubu
Masharubu
9 months ago

In my humble view, this judgment makes it even more imperative for Muhara to resign as Judge of the High Court. We are forcing a judge (Kenyatta Nyirenda) to make an adverse decision against the acts of another sitting judge (Lloyd Muhara), albeit the fact that those acts were committed while the latter was on secondment to the Executive branch of govt. Isn’t Muhara continued stay as a judge putting his fellow judges in an awkward situation? And can the authorities please stop this practice of seconding sitting judges to the Executive branch? Malawi is not a lawless state.

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