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.