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.
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.
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.
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.
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 him in. Komanso kodi simuchita manyazi kumakhala ku Kamuzu Palace n’kumanyoza yemwe anaimanga kuti sanachite kanthu? A cartoon from Thyolo is not our need right now! Pack up and go where you came from, leave us in peace.
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)
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
Yaa koma kuliladitu uku Shaaa koma simunati
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 !!!
Only fools will see nothing wrong with the defective court rulings from Concourt and Supreme court
Justice Mwaungulu has just heavily criticised Concourt and Supreme court judgements as FLAWED.
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.
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 better. A Malawi anakana kumuchita renew kuti agwire ntchito 5 years ina nchifukwa chake anabera zitsankho za 2019. Mmalawi akakana wakana.
The saddest thing is mutharika walowa chiwewe, angokuwa wamba nkufuna kuluma wina aliyense ngakhale mbuye wake yemwe. Chiweruzo cha ma khoti athu onse osagwirizana nao, chigamulo mufuna inu judge wake akhale ndani? Komatu chonsamva, chinawowozedwa ndi ana omwe chitagwidwa kukazengedwa milandu ku ma khoti athu ndi omwe ukunyoza lerowa kuti sadziwa malamulo. By the way, remember milandu yanu yonse bambo izakhala ku khoti la Malawi bola tisadzamve kuti wathawira kunja mukaluza posachedwapa.
Koma ine ndikuona ngati zafikapa zikundipatsa mantha kuti kodi apm ndi ugonthi chabe? kukula? ufiti? Yankho likumabwera pafupipafupi mmutu mwangamu ndi lonena kuti, akuluwa ndiona ngati atsala pango’no kufa, si kukhala kokha ayi. Chilipo chitachitike.
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?
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.
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?..
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
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. Ivy Kamanga was one year behind Kaphale in the 80s and is now well experienced. We have Frank Kapanda who has been in the service for 30 years. This idiot Muthalika is 82 and possibly stopped reading books when he was 60. Can he tell us what he was doing before he came to Malawi. You will find that he was possibly homeless in the US.
Please educate this old dull fool. This makes uneducated muluzi look educated.
If Malawi was not a third country, Muntharika should have been impeached as in yesterday. Problem with leaders of mostly illiterate citizens think they own the country and everything in it, even citizens themselves praise the president for a small development he does as if the money used is from his pocket.
It’s complete nosense for the president to say parliament is above judiciary, imagine parliament of Fyness Magonjwa!!!
If any of the three arms of government should have been above the others then the judiciary should fit that status not parliament.
Look, parliament and legislature are elected by us people but we elect even savages like the name above.
Even though a certain portion of those elected are well educated but they practice partisan politics unlike the judiciary, but our president is a damn fool to know that.
I dont understand because in football if we say that that team has won a game it means we talk about goal being scored on that game. (eg) 3-0 or 5-0. Now my question is if you are saying that he rigged the election votes. Tell the public the number of votes in figures those you found that they were not belonging to him? I think its time for judges to come together and just form a political party than playing in behind opposition.
Please educate him some more, he thinks he has the power to emulate anything, everything, that’s the problem whenu rely in Tipp-Ex too much eishhhhhhhh……! u r supposed to be a professor of Law for Christ’s sake, kapenatu ndi zomwezi za Jerusalem University mwatchuka nazo ku DPP izi’
This thing so called APM has got no respect of the law yet he is said to be a law professor, his empty head has led to devastation of our beautiful democratic Malawi. His days are numbered becoz God won’t allow this to happen seceral times… He does all this & that just to remain in power
Its high time for us all to get rid of this nambypamby and undemocratic leader.I think we have learnt a lesson now not to vote for someone who has been abroad for a decade.We all know that he is afraid of facing the law and justice on the killing of people with albinism,corruption charges etc.Lets fight together to remove this another dictator regardless of your tribe and region.We are all fighting for our noble cause for our betterment Malawi.
It was his plan to rigged last election to stay in office mwaupandu but this Malawi land of peace not DRC,
And am pretty sure amanamizidwa ndi omuzungulira ake kuti its the norm in Africa no one wins unless he riggs, koma ndiye wagwa nayotu….!
Dont worry our beloved and respected judicial officers.Mutharika is the most useless,clueless and empty president malawi has ever had.And to make matters worse,he is surrounded by brainless thieves and hooligans.I regret and curse the day he returned from the US.Zimene akuchitazi ndi zija timati kugenda ku police chamba chiri mthumba.He is failing to realise that after exiting the state house soon,akamadzalowa mumakhothi ndi milandu ya kuba ndalama zathu,he will meet the same judges he is redicuing today.He will be running up and down seeking relief from the same courts.Lets just wait and see where he gets with his stupid tactics.
dpp are going out like it or not. And once they are out we expect Chakwera and Chilima to persecute these hyenas. Honestly if this Tonse Alliance shows leniency i will never vote again in this country. It will show anthuwa ndiamodzi
Akanakhala munthu ngati ine mukanandizenga mulandu wodelera chigamulo cha khoti, koma poti ndi pulezidenti mungodandaula osachitapo kanthu komukhuza iyeyo. Dziko ndi lokondera ili.
And what do you say on Justice Mwaungulu critical of the same Judiciary?
Mwaungulu is compromised. Intelligent horse with no wisdom
We are in a democratic era where majority rules