Law expert says Mutharika to remain in power: Chimulirenji would be biggest loser if Malawi election is annulled

February 2, 2020 Wongani Chiuta - Nyasa Times 30 Comments

A legal pundit Justin Dzonzi has said President Peter Mutharika will continue holding the sword of power whatever outcome the  Constitutional Court will make  on the disputed May 21 presidential elections case set to be delivered on Monday, February 2020.

President Mutharika and vice president Everton Chimulirenji

The Constitutional Court (ConCourt) will deliver the landmark judgement where the opposition Malawi Congress Party (MCP) leader Lazarus Chakwera and UTM’s Saulos Chilima are challenging the results of last year’s presidential election.

On what may emerge after the ConCourt verdit, Dzonzi  who once chaired the Malawi Human Rights Commission, said five judges panel may dismiss the petitioners’ case or nullify the presidential result, and proceed to give specific directions or orders as to what should happen or what institutions, such as  Malawi Electoral Commission (MEC), should do.

He said in the event that the presidential election is cancelled, Mutharika would remain in office and only step down when another fresh election is conducted and that Chilima, who is the country’s immediate former vice-president, would revert to his post.

The legal expert said  judgment will either revert to the presidential results of the 2014 elections until fresh elections are held or continue with the status quo.

“If the court will not agree with the petitioners and rule in favour of the (MEC) and President Professor Arthur Peter Mutharika the status quo will remain as it is at the moment,” Dzonzi was quoted as saying by the State broadcaster MBC.

He was giving legal clarification  to assertions by some quarters of the society that the ruling will be a nullification of State President  Mutharika’s presidency and legitimacy to govern.

In comments reported by Nation on Sunday newspaper, Dzonzi said  in the event that the court nullifies the presidential election, new presidential candidates may emerge and contest and previous ones may choose different running mates or political parties may form alliances.

Dzonzi said if, indeed, the presidential election is nullified, the biggest loser would be the current Vice-President Everton Chimulirenji, as it would be considered that their election [with Mutharika] to the presidency never existed, and he may not enjoy benefits ex-vice-presidents enjoy after leaving office.

In that event, Dzonzi further said that legally, things would return as they were before results of the presidential election were announced on May 27 2019.

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30 replies on “Law expert says Mutharika to remain in power: Chimulirenji would be biggest loser if Malawi election is annulled”

  3. Dzonzi is wrong. The presidential term has limits. One can not rule more than five years with or without an election. It will be up to parliament and Chief Justice to decide the fate of Malawi. APM can’t rule beyond five years.

    1. I agree the term is limited to 5 years and if anything until another president sworn in for a new term to unveil parliament and cabinet.The president took oath for second term.We have parliament and cabinet in second term.A country cannot walk in reverse or revert all mechanisms are there in case of vacancy in the office of president.First is section 83 WHICH USHERED DR JOICE BANDA WHERE IT SAYS WHERE PRESIDENT RESIGNS OR DIES OR THERE IS VACANCY VICE BECOMES PRESIDENT.SIMPLE.INCASE OF VACANCY IN BOTH OFFICE OF PRESIDENT AND VICE PRESIDENT ONCE THEY HAVE TAKEN OATH THE CONSTITUTION HAS SECTION 85 WHICH STATES THAT WHEN THERE IS VACANCY IN THE OFFICE OF PRESIDENT AND VICE PRESIDENT AT SAMETIME NO REASON GIVEN WHETHER THROUGH DEALTH OR RESIGNATION OR NULLIFICATION THE CABINET SHALL CHOOSE AMONG THEMSELVES AN ACTING PRESIDENT AND VICE PRESIDENT WHO WILL ONLY RULE FOR ONLY 60 DAYS PERIOD.

      ONE PROBLEM SOLVING A EXPERT DZONZI I AM NOT A LAWYER TELL US WHAT REMEDIES ARE THERE IN THE CONSTITUTION IF WE REVERT IN A SCENERIO WHERE THE PRESIDENT AND VICE HAVE FINISHED TWO TERMS AND NEW PRESIDENT AND VICE PRESIDENT HAVE THEIR RESULTS NULIFIED AND AT THE TIME OF JUDGEMENT THE PAST PRESIDENT AND VICE ARE NOT THEIR EITHER PASSED ON OR CANNOT BE IN THE OFFICE OF PRESIDENT WHAT CAN WE DO IF WE REVERT BACKWARDS.TELL US WHICH INSTITUTION OR REMEDY IS IN OUR CONSTITUTION BECAUSE THE FRAMERS MUST HAVE CONSIDERED THIS.WE ARE IN THE SECOND TERM NO NEED TO REVERT BACK IS MY OPINION.

      ANOTHER ISSUE WHEN COURT NULIFIES MANGOCHI SEAT AND LILONGWE WHY NOT REVERTING TO 2014 TO TAKE THE MP OF 2014.AFTER ALL IN THE CONSTITUTION THERE IS NO SPECIFIC REASON TO SAY THAT AN MP SEAT WILL BE VACANT THROUGH NULIFICATION YET SPEAKER HAS DECLARED IT VACANT THROUGH NULIFICATION AND WE HAVE NOT REVERTED TO AN MP OF 2014.I SEE NOW CONSTITUTIONAL CRISIS.KOMASO MALOYANU MUKAMAKAPANGA MALAMULO MUZITENGAKO ANTHU A LOGIC NGATI IFE KUTI TITHANDIZE OSATI ZA REVERTING BACKWARDS ZANUZO.ZIKOMO.

    2. Thats a lie my friend bcoz APM has not yet ruled for ten years in other words if the nullification will be declared then APM is legitimate to contest irrespective of age and mind you our consititution is weak since it does not limit the age of presidency. So what Dzonzi said is binding by the law

  4. Whichever way the ruling goes, chilima’s next step will be to lower his ambitions. Malawians have rejected that pompous fela

  6. Simply to put it, if he was not defending the bad course, yes, he would continue two rule us. Unfortunately, he and MEC, can no longer be trusted with power

    1. Are u the judge to say he rigged elections? Just wait for the remaing 15 min to hear the verdict by the judges

  8. Mwatero Mr Dzonzi,ok if the court nullify the 21st May general election results,the best way is that both Munthalika and chilima should not occupy their old position. From what Mr Dzonzi is saying our rules are not good enough to prosper our country. And instead the chief justice should put the Speaker of National Assembly to lead the country until fresh election are held and this new leader Should choose new vice president,MEC chairlady or chairman and new mec commissioners and prisiding officials. Munthalika, chilima, chakwera should compete on a level ground.You can’t leave Munthalika with government money .He will use it again for his own benefit. And for the MEC chairlady and all her commissioners should be fired and arrested including all prisiding officials.The reason is simple someone messed up the whole election process and why? Just think who brought tippex coz MEC says they don’t know who brought this material.We want to know who is this person or who are these people?If money changed hands between MEC and DPP then why should Munthalika take his old position.He uses money to benefit himself.Only if the court upholds the presidential results can Munthalika continue to lead.We need to be moving forward not backwards please for the developments sake.

    2. I agree to support Mutharika if he wins because the issue should not be personal but factual as in court who is right is not known until court rules.Amen let us keep peace

  9. Dzonzi’s thinking is at times laughable: If Chimulirenji has to step aside, how is that not a nullification of Pres. Mutharika’s presidency and legitimacy to govern???!!!!!

  10. Correct me if am wrong but I thought Hon. Chilima resigned honourably last year. To me,if it’s nullification, then HE Pro. Peter Mutharika will rule solo without a Vice State President as it were few months before elections because SCK’s resignation is materially valid.

    1. 90 days is realistically impossible. For people to register, train staff print material etc This is a disaster. it’s outcome would be worse than this one in terms of irregularities. However if it’s the law, it’s the law

    2. Awo ndi maganizo anu and thats why the word of God says “my thoughts are not your thoughts” So u r having ur thoughts yes thats right but remember God’s thoughts are not the way u r thinking my friend let us leave judges alone to make a verdict in just 10 minutes remaining.

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