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

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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MNENERI WA MALAWI
MNENERI WA MALAWI
9 months ago

HON CHIMULILENJI REST IN PEACE

Chimanga Wathu
Chimanga Wathu
9 months ago

So this explains the recent actions of SKC. He wants to be VP to APM.

Kandulu
Kandulu
9 months ago

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.

Jose
Jose
9 months ago
Reply to  Kandulu

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… Read more »

chimulilenji
chimulilenji
9 months ago
Reply to  Jose

kawelengeni section 100 baba chimulilenji wapita basiii

chataika
chataika
9 months ago
Reply to  Kandulu

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

Dems
Dems
9 months ago

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

Majesitileti
Majesitileti
9 months ago
Reply to  Dems

a big mistake………

Benjamin Kabinda Sakala
Benjamin Kabinda Sakala
9 months ago

Indeed Catherine Gotani Hara ur time to lead the country this time

Mwe'ene
Mwe'ene
9 months ago

Koma eh.
Hara has no leadership qualities needed at national level.

Chris Thipa
9 months ago

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

Sahara
Sahara
9 months ago

Why would Mutharika stay in power? The old fag stole the elections.

chataika
chataika
9 months ago
Reply to  Sahara

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

Malawi belong to the citizens.

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… Read more »

Tiyeseni Phiri
Tiyeseni Phiri
9 months ago

The law will guide!

Jose
Jose
9 months ago

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

chataika
chataika
9 months ago
Reply to  Jose

Really friend thats the way to go lets keep on praying for unity

E-Soldier
E-Soldier
9 months ago

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???!!!!!

Mitengo
Mitengo
9 months ago
Reply to  E-Soldier

Know your constitution

Tiyeseni Phiri
Tiyeseni Phiri
9 months ago
Reply to  E-Soldier

Its obvious!

Intercessor
Intercessor
9 months ago

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.

Amadeus
9 months ago
Reply to  Intercessor

Chilima resigned from DPP but remained vp.

chataika
chataika
9 months ago
Reply to  Amadeus

Yes thats true SKC dd not resign from vice presidency. Mbale wangayo wabalalika pang’ono kkkkkkk

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