Law expert warns over failure to fire MEC commissioners
Malawi’s prominent lawyer Ralph Kasambara who is also former attorney general has warned President Peter Mutharika against refusing to fire Malawi Electoral Commission (MEC) commissioners, saying this decision would leave his office seriously bruised.
Kasambara, writing on his Facebook wall, said if Mutharika refuses to assent to the three electoral reform bills, he will validate the claims that he was complicit to the illegallities and irregularities that MEC committed.
“Second he has to give valid reason(s) for refusing to fire them.
“Third he will validate another claim that he is no respector of national governance institutions,” says Kasambara.
Kasambara says legal challenge will be pursued in court asking for the court to issue a like order to mandamus requiring him to fire the Commissioners.
“Out of this suit the office of the president and it’s present incumbent will be left seriously bruised,” he says.
Public Appointments Committee (PAC) of Parliament which, following the Constitution court order to look into the competence of MEC commissioners, summoned and interrogated seven MEC commissioners including Chairperson Justice Jane Ansah recommended the dismissal of MEC commissioners including embattled chairperson for a incompetence and mismanagement of the May 21 2019 Tripartite Elections.
The Constitutional Court declared the commissioners incompetent in the discharge of their duties of managing elections.
Presidential spokesperson Mgeme Kalilani said Mutharika has up to 21 days to either assent to the bills or not.
The bills clears for the holding of a fresh presidential election on May 19 after the Constitutional Court annulled the May 21 election due to massive irregularities and anomalies which were so widespread, systematic and grave that the outcome of the poll results was seriously compromised.
“What country ever existed a century and a half without a rebellion? And what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure.”
Thomas Jefferson
Osawangowachosa ma commissioners wa bwanji? Chikubvuta ndi chanino kodi?
Koma tsiku lace ndi limodzi azachokapo pamipandoyo mwamanyazi
CHIEF BAKHA-APM WILL GO!If he doesn’t accent to the bills,we will now block his movement.The citizens will take the law into their hands.
It seems like Pitala anakhwimila Jane Ansa.
Muthalika can’t win this coming elections,he lost last year and even this year he will lose again many Malawians doesn’t want him
Atumbuka osalamulako dzikoli chiambilechija MPILA OMANGOUINELA MULIKUNJA Tsogolo lanunso silioneka pa Malawi pano
izi nde ziti guru lobweletsa chisokonezo chogawa mitundu chija ndinu mulibe manyazi po commentor zimenezo nkhani yake ndy iti mxiiiew
The challenge with clueless and unprincipled Mutharika is he has no understanding and respect for the rule of law. Do not be deceived by the title he wears on his forehead 24/7! He ignorantly believes he has a mandate to govern the country outside the 150-day mandate the ConCourt judges gave him! For too long the country has allowed him to violate the laws of the land that he has come to believe he can do wrong and he is above the law. He is going to do everything to frustrate implementing the ConCourt’s orders. He needs to be told… Read more »
Arthur peter is an idiot. He will die an idiot.
There must be something fishy for him not to fire the Commissioners.APM thinks that he is the only one who knows law.We are in a changed Malawi.
APM does not any PRIDE to SAVE but his FACE. He cannot attend any international meeting without feeling something hanging over his shoulders or ashamed unless he is not a normal human being. It will be insane for him to continue portraying to the external world he was and still is complicit to the irregularities and illegalities committed by compromised MEC (which of course everyone knows he is).
A convict on prolonged bail