Kasambara advises Chakwera to seek High Court opinion over 2 DPP MEC commissioners

A veteran prominent lawyer has advised president Lazarus Chakwera to seek High Court opinion on the embattled two Democratic Progressive Party (DPP) Malawi Electoral Commission (MEC) commissioners.

Kasambara: Incompetence under Justice Dr Ansah leadership? Or incompetence under Justice Dr Kachale? Please be serious

This follows a heated legal debate on whether Chakwera can fire Jean Mathanga and Linda Kunje or not after parliament’s Public Appointments Committee recommended to the president to fire the two commissioners.

“My simple answer is this: the State President should refer the matter to the High Court for its opinion as to whether the recommendations from PAC are in line with the Constitution and Electoral Commission Act,” says Kasambara in a Facebook post.

Kasambara says the president should pose the following questions to the High Court as referral issues; whether the current Electoral Commission is properly constituted or is validly constituted in line with the written laws of Malawi; if not whether the State President can dissolve the same to appointment new commissioners.

“In the unlikely event that the High Court answers the first question in the affirmative, the State President is better advised to leave matters as they are.

“He should simply go to the public stands, fold his hands and watch other stakeholders embark on legal fights,” he says.

Kasambara says the recommendations by PAC to the President to fire the two MEC members over incompetence they exhibited during last MECs cohort tenure was decided by former president Peter Mutharika and the issue was left to lie till the last MEC cohort finished it’s term of office.

He said president Lazarus Chakwera commenced legal action challenging the two MEC members but later on voluntarily abandoned the case.

He says Mutharika appointed new MEC that includes those two Commissioners and no one challenged their appointment.

“They hold fresh presidential elections that we all claimed were free and fair. Current President is elected.

“They again hold bye elections where MCP is victorious. Now you turn around and say they should be fired for incompetence. Which incompetence? Incompetence under Justice Dr Ansah leadership? Or incompetence under Justice Dr Kachale? Please be serious,” he says.

DPP has  since called on the Malawi Congress Party-led government to nullify the June 2020 presidential election results for failing to issue letters of appointment to two electoral commissioners.

The party’s spokesperson Brown Mpinganjira said: “The commissioners were reappointed MEC commissioners on June 7, 2020, and were sworn in three days later. However, up until now the government has not given them their letters of appointment and yet they have continued to work and have been an integral part of the administration of the June 23, 2020, presidential election as well as several by-elections which have been conducted since.”

He said if the government felt the two commissioners were performing their job illegally, then all elections of which the commissioners had been part should be nullified – starting with the presidential election which declared  Chakwera the new president.

Chakwera stated in November last year that he would not issue them with letters of appointment because they had been found to be “incompetent” by the public appointments committee of parliament and the supreme court of appeal.

In August last year, Attorney General Chikosa Silungwe gave legal opinion to the office of the president and cabinet to formally write appointment letters for the two commissioners.

Mathanga and Kunje were appointed by former president and DPP leader Peter Mutharika.

Mutharika appointed Chifundo Kachale as new chairperson of the MEC on June 8, 2020. He also appointed other electoral commissioners and reappointed Kunje and Mathanga as electoral commissioners.

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Mwinithako
Mwinithako
2 months ago

I can see something wwrong with the Chewas who are afraid of these two Commissioners.If Silungwe himself finds it necessary to reappoint them.So what are these Chewas are talking about.Ndale zachichewa basi zofuna kuona ngati basi bola achewa ala nda kk ooooh uko nkunama kkk.Tidikire 2025.Atumbuka anapusisika ndi Chilima lero wali ndoooombwwwi.

Mayazi
2 months ago
Reply to  Mwinithako

Kuganiza mwasankho basi. That’s why some of us want the president to fire the two because it seems most of you are backing because of their tribe.

Joni
Joni
2 months ago
Reply to  Mwinithako

IFETU NDIFE OKONDWA KUTI DPP INACHOKA MOTI ZINA ZONSEZI tilibe nazo madando poti chimamnganso m’mindamu chikuwonetsa kuti DPP kutsutsa kuvuta ndithu …mutha kudzayesa chamuma 2037mu kapena koma ulendo ndiwautali kwambiri makamaka ndikukangana ndikuswekana mwayambaku ndiye muyiwaletu ndithu!!!!!

guest
guest
2 months ago

Kasambara is wrong, nde poti ndi opinion yake, aliyense has a right to an opinion. 1. the said two commissioners were found to be incompetent. 2. the two’s incompetence does not affect the whole commission as it is incompetence of an individual in their individual capacity. therefore, Kasambara’s opinion can as well be disregarded.

Justice for all
Justice for all
2 months ago

Kasambara is right chakwera should trade his legal opinion collectively because it might turn back to him again and we will have another wasted year with court battles who knows we might have another fresh election

laws
laws
2 months ago

Bwana Chakwera is putting unnecessary pressure on the judiciary.The judiciary already has a lot of cases on the shelf to sort out.My point is go through the RK advise

minister of zodiak
minister of zodiak
2 months ago
Reply to  laws

why only malawi respects thieves, criminals and convicted felons. Any other country can’t do that. malawi is strange place to live.

Genghis Khan
2 months ago

Ralph’s advice is spot on. Doesn’t matter he has outstanding court issues, his brain is not on remand. The president appointed the AG to advise government. The president doesn’t like these two DPP representatives but they were part of the election which put him in power. The president doesn’t want to listen to his AG, whom he will remove in the next reshuffle. But the president has no legal leg to stand on. Either he takes the AG’s advice, which the courts will validate; or takes RK’s advice, which will prolong the issue, but end up strengthening Ralph’s credibility as… Read more »

Medsonchimudima3@gmail.com
2 months ago
Reply to  Genghis Khan

Kkkkkk waziwonera chakwera

Wakwiya ndi kadeti
2 months ago

Why go back to court when the court ruled that Parliament should look at the matter? We all know how APM criticized or demeaned the courts ruling. APM went on to appoint the two incompetent commissioners just to show his authority and to show the courts that he did not care. If Chakwera goes to the High Court, who goes there as government? It is the same Chikosa Silungwe. Can he fairly represent the President? On another note, why did APM appoint 4 commissioners from DPP instead of three. Hallucinations of prison life are still affecting the once revered Ralph… Read more »

Medsonchimudima3@gmail.com
2 months ago

That’s hw poolitic works
Leaving O chakwera hitting the rock

McBeth Msiyaludzu
2 months ago

I think Kasambara is making this suggestion because the President is ignoring the AG’s advice and yet he wanas the matter resolved. How does he do it? Kasamabra says let the President seek the High Court opinion since Chakwera has no faith in a man he appeasingly offered a job himself.

Malawi walero
Malawi walero
2 months ago

Wamitsala anayionadi nkhondo. Lamuro liposa mphamvu

kheza
kheza
2 months ago

some of you just hate Kasambara. he is talking sense.

No time to waste in JHB
No time to waste in JHB
2 months ago

Malawi does not run short of comedy. Really giving advice to who? From who?

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