Judiciary censure Mutharika: ‘No parliamentary supremacy in Malawi, its constitutional democracy’

The Magistrates and Judges Association of Malawi (Majam) says President Peter Mutharika’s wave of public attacks of the court’s nullification of the May 211 2019 presidential elections -over massive irregularities- is a threat to judicial independence and rule of law.

Mutharika: Judges say his attack on Judiciary  is a threat to rule of law

Majam, a professional grouping of judicial officers, said in statement dated June 7 2020 that the President’s continued attacks on judges are  a “vivid  display of disrespect for the court judgement” and a threat to not only judicial independence, but to the doctrine of separation of powers as primary characteristic  of democracy.

In the statement jointly signed by Majam president Howard Pemba and secretary general Peter Kandulu, the grouping tells Mutharika that the Judiciary is accountable and transparent in the execution of its mandate as exhibited through hearing of all cases in open courts besides  basing determinations on relevant facts, evidence and  prescriptions of the law.

“We would like to condemn in the strongest terms such continued attacks on the Judiciary by the State President and any conduct bordering on disregard and disrespect of the court’s decision.

“Magistrates and judges are guided by the law and facts at hand  while being alert to their oath of office which clearly calls on them to dispense justice without fear or favour, affection or ill will.”

Mutharika during last Friday’s recorded State-of-the-Nation (Sona) address said that Parliament is supreme over courts and persuaded lawmakers to reverse the court ruling that nullified the 2019 elections.

But Majam has  dismissed President Mutharika , who is a law professor himself, saying that assertion is misleading the public as only the Constitution is supreme in Malawi.

“There is no parliamentary supremacy in Malawi. We are in a constitutional democracy where the Constitution is supreme,” reads the statement.

Majam has since said President Mutharika continued attacks of the  courts has the ability to spur the country into a state of lawlessness should the citizenry opt to emulate the attitude exhibited by the highest office.

Mutharika swore to defend the Constitution and uphold the rule of law but commentators  say his utterances send wrong signals to the public  that look to the holder of the office of President as a role model.

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Malawi belong to the citizens

Munthalika is doing all this because omwe anakapanga bribe Kwa majudge aja sadamangidwe.Tawamangeni anthu wiri aja, A Tom Mpinganjira ndi anzawo zikatero Munthalika will stop this nonsense.

Mariana
Mariana
8 months ago

A Tippex wa ngogunata. Its true at 65 we have to retired whilst our brains are still active. Sizimenezi nanga.
Lets join hands to get this lucifer out by any means. This kalilani better watch our your Ps and Qs.

Wachiyao
8 months ago

Kkkkkkk! Abwana mwakalambadi. You are trivializing the Judiciary, but at the same time you are following the judgments they made. Whether you agree with them or not is not an issue. Nkhani ndi yakuti mukuchita zomwe analamula kuti muchite, including being a caretaker president, having Chilima as your Vice, going for a fresh election. Ngati muli wodziwa kuwopsyeza tachitanitu tiwone, muchite cancel zonsezi. Enafetu mukutiseketsa, ndiye ife we don’t want a cartoon for a president. We want someone who is serious about Malawi, and we already have one. We are just waiting for you to vacate Kamuzu Palace to bring… Read more »

Thomas Nalikata
8 months ago

A person who believes in bribery will never believe kuti zithu zachitika muchulungamo chifukwa moyo wake onse umayendetsedwa ndi ukambelembele choncho aliyense kwa iye ndi Kambelembele. (APMs world)

Bauleni
8 months ago

What Judiciary?? the corrupt and inept nepotistic imbeciles? The worst bunch of most crooked judges Malawi has ever seen.Isnt it parliament that dictates what laws the country should have and Judiciary to interpret? these stupid judges,think they are all that,and want to rule this country in their wigs and borrowed robes. Matama basi, mbuli zawanthu,Zitselekwete, Akanyimbi onukha utomoni. Interpret and judge on the law without bias basi, nkhani izithela pompo

kanchenga
kanchenga
8 months ago
Reply to  Bauleni

Yaa koma kuliladitu uku Shaaa koma simunati

Boma lenileni
Boma lenileni
8 months ago
Reply to  Bauleni

Che Bauleni…mwakwiyatuu!!! kkkkkk wakwiya ndi mfiti basi. The judges are simply judging and interpreting the Laws as you have correctly put it.. Carry on judges!!! the good work we applaud you !!!

Qata
Qata
8 months ago

Only fools will see nothing wrong with the defective court rulings from Concourt and Supreme court

FIFA
FIFA
8 months ago

Justice Mwaungulu has just heavily criticised Concourt and Supreme court judgements as FLAWED.

mofolo
mofolo
8 months ago

Judiciary dont think you will hide behind judgements. The courts are prone to mistakes even in the Bible, Judgements are sometimes wicked. You will be Criticised period get over it.

alpha
alpha
8 months ago

Did someone ever told Mutharika kuti ku Malawi people are sanctioned if they don’t perform? Afunse and ma former MP ambiri ali moyo and can witness this. They were elected for 5 years, never performed thus, never went back to parliament. As for presidency, Bakili’s second term anawinira ndi madzi amodzi.koma akanagwa. Then wayamba zake zija za third term koma sanaphule nazo kanthu. Anthu anamupachiritsa katundu wake wakwao. Bingu is the only president so far amene anawina clean second-term yake malinga ndi ntchito zake zabwino zomwe anachitira Malawi between 2004-09. Joyce Banda pa zaka ziwiri anatikwana and apm is no… Read more »

Afumu
Afumu
8 months ago
Reply to  alpha

U praise Bingu now because is dead, isn’t u people protest his leadership calling him names?the truth be told parliament is supreme over judicialy,the law said if the office of the president and vice president,is vacant due to impeachment,or death speaker of the parliament must take over and election must be conducted within,60/90 days, what does that mean to you?

Hassan
Hassan
8 months ago
Reply to  Afumu

It means,150 days for this madala to be a caretaker was too leniency by the judges. He would’ve long gone and forgotten by now since 60 days had gone before he realised it’s lapse.

alpha
alpha
8 months ago
Reply to  Afumu

So your president is already dead since 3 February so why are you scared to have elections conducted within the 60/90 days as you put it? Even khoti kuika pa 150 days, mukuopabe. yet mukuti mutharika awina. awina mmaloto?..

Giringo
Giringo
8 months ago
Reply to  Afumu

He has only said Bingu was genuinely voted for second term because of his first term performance. That is undeniable fact. Unfortunately he became “chindere” during his second term that is where he messed up his legacy

APM Hands DPP back to UDF

Surely Alamu Pumani Mwakalamba is misguided and some of us wonder if he is indeed a law professor. Which colleges did he teach law and who are his students. He was teaching in these briefcase colleges and not reputable university colleges. He should read section 91 of the constitution. The judges repeatedly quoted the laws of Malawi. The judgement did not come from the blues and it was unanimous meaning there was no judge who disagreed. Is Munthalika better than these judges some of whom have PhDs from UK and South Africa. For example, Kapindu is a well educated judge.… Read more »

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