Law expert fears Malawi heading for Constitutional crisis over presidential rerun

A renowned legal expert fears the country is heading towards a serious Constitutional crisis if elections are not held by July 2, 2020.

Justine Dzonzi:  There may be a vacuum in presidency

Justice Dzonzi of Justice Link has told a high-level meeting in Lilongwe that it is now up to parliament to avert the crisis by setting the date for the election.

“After the end of the 150 days which the courts ordered for the country to hold fresh, the mandate of president Peter Mutharika would have been elapsed,” he said.

He said this means there would be a vacuum in the presidency.

Dzonzi said this Friday at a high level civil society conference in Lilongwe organised by Nice Trust.

His presentation attracted  mixed reaction.

Participants probed Dzonzi on the possible legal implications if Malawi cannot hold a fresh election within the 150 days prescribed by the court.

Dzonzi said Malawi might face the crisis because framers of the Constitution never anticipated that the office of the president can fall vacant after courts nullified an election.

He therefore said parliament needs to amend Section 80 of the Constitution by way of vote of two-thirds majority.

Parliament meets from this Friday with President Peter Mutharika  expected to deliver a pre-recorded State of the Nation Address (Sona) to the House.

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Anzelu ndi Anzelu
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Anzelu ndi Anzelu

Some of the these legal experts got their qualifications from diploma mills. Our constistution does not have provision for a vacancy in the presidency. Its APM and Chilima as Vice till the next election even beyond the 150 days.

Supreme Court
Guest
Supreme Court

YOU are WRONG an Election MUST TAKE PLACE Every Five Years the Election in 2019 never happened Constituional Court Ruled a NEW Election MUST take place within 150 Days. After 150 Days Both President and Vice Presidents term will EXPIRE. Supreme Court will be forced to appoint Speaker of the House as Acting President until Parliament enacts New Laws and amendments to ensure a Presidential Election. Illegitimate President APM who assisted in authoring the Constituion has NOW CREATED a Constituional Crisis BECAUSE of ARROGENCE Supreme Court Grand Protector of the Constitution WILL NOT ALLOW a unelected illegitimate person to act… Read more »

mchisala
Guest
mchisala

Its a tricky issue that Justice Twea tried to shed some light on in his quasi-discenting view: He differed with the decision of having the Presidency reverting to the previous government, nor was it right to extend the term of the previous government as has happened. He also did not agree with extending the term of the President who will be elected in the FPE (who he said should be a non-term president) but rather just have him/her serve up to the next general election. In the learned justice’s opinion it was the Cabinet that should have been given the… Read more »

Frustrated
Guest
Frustrated

The President and Vice President will remain in office if an Election is Not Held within the 150 Days pursuant to the Judgment of the Constituional Court and Up held by the Supreme Court of Appeal. The issue will create a Constituional crisis as the Supreme Court does Not it appears have enforcement POWERS to remove this President. Saying that the President has NOT RESPECTED the RULE of LAW and that of the Constituion and can be impeached by 2/3 of Parliment will NOT Happen. Potentially will create Anarchy where CITIZENS or the 62% of the Electorates who failed to… Read more »

Ben Phiri Jerusalem University
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Ben Phiri Jerusalem University

The Basic issue is that Both the President and Vice President have contrary to the Constituion extended their mandate beyond the 5 years stipulated in the Constituion by now over an additional one year. Which the Courts wished to remedy forthwith by having an election within the said 150 Days.
The President by NOT ACTING SWIFTLY to recall Parliment after NOT Asending to the Laws passed by Parliment in March has NOT RESPECTED THE RULE of LAW and the Supreme Court Ruling and us now creating a Constituional crisis if both Parliment and MEC do not hold the Election June 23rd

Banda
Guest
Banda

Remove the illegitimate President from State House July 3rd when his term is up.
Appoint the VICE PRESIDENT as Acting President to ensure Elections are Held in 60 to 150 days.
NOT RIGHT the Illegitimate President who was NOT DULY ELECTED is drinking all the Red Wine for the past Year.

Nyaude
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Nyaude

Chicken thinking

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