Lawyer Theu says Mutharika should vent anger at his legal team

Private practice lawyer Bright Theu has warned President Peter Mutharika to stop his continued condemnation of the Judiciary for annulling the May 2019 presidential election, saying if anything he should blame his legal team for  “clearly unprofessional and embarrassing” show in the elections case.

Theu: Mutharika  should  direct his anger at his legal team

Theu challenges Mutharika that he has no legal authority to decide legal disputes.

Since the Constitutional Court (ConCourt) delivered its ruling in the high profile Presidential Election case on February 3, 2020, which was later upheld by the Malawi Supreme Court of Appeal (MSCA) on May 8, 2020, Mutharika has been attacking the Judiciary for delivering a ruling that went against his favour.

Thus, it was not surprising that even in his State of the Nation Address (SONA) delivered in Parliament on Fridat, the President did not forget to mention judges at the bar, who have seemingly become his sworn enemies.

Mutharika said the courts failed to show or prove that the irregularities affected the result of the election.

But Theu, who represented vice-president Saulos Chililma as first petitioner in the elections case,  described Mutharika’s as accomplished senseless and empty thunder.

He argues that courts are under no obligation to show or prove anything when deciding legal disputes.

“Whatever decision they [Judiciary] make, they are required to give reasons, which justify their conclusion(s). By our constitutional order, their decisions are binding and must be respected, and not denigrated as you have been doing, including in your SONA address,” Theu said in his post on his Facebook account.

The lawyer advises Mutharika to direct his anger at his legal team which was led by Frank Mbeta  assisted by Samuel Tembenu , David Kanyenda and  Chancy Gondwe who failed to advance relevant arguments to prove the case otherwise.

Theu said the President’s lawyers tirelessly tried to advance the argument that the irregularities did not affect the result as the petitioners alleged and proved.

“Those diametrically opposed arguments are exactly the dispute that arose for decision by the courts. Our system allows each party to advance their case. Your lawyers and their proxy colleagues representing the Electoral Commission laboured in cahoots to convince the court on the same argument you are trying to re-open before Parliament.

“It turned out that your argument and the effort and resource used to advance it were brutum fulmen, senseless and empty thunder. And the court saw it for what it really was and dismissed it with remarkable contempt,” he emphasized.

Theu challenged that as per Malawi’s constitutional order, no matter how much Mutharika may lust for it, he has absolutely no legal authority to decide legal disputes as the mandate was reserved for the courts.

“And yes, to your chagrin, the courts are there to decide disputes in which you are also a party. Neither does the Parliament, before which you are trying to re-open the issue, have such authority. Your address on this point is another senseless and empty thunder sir. You lost spectacularly,” he says.

“Sit down, and let the nation move on to the fresh election. In fact it is your conduct in trying to frustrate the constitutional order in which courts decide legal disputes that is a serious breach of the Constitution for which you are liable to impeachment, if you were not presiding over a banana republic. Your tactics are a criminal waste of time, to quote someone in your camp,” Theu warned.

The lawyer further cautions Mutharika against creating a power struggle between Parliament and the Judiciary, challenging that ‘Parliament is not supreme above the courts just as the Executive is not above the National Assembly’.

“The three branches are at best co-equal branches of the State. Whether you like it or not, this is the arrangement we as a nation agreed on when you were away – yea thank you presented some paper during the process, but you never drafted anything. Don’t even start. If you don’t like the workings of constitutionalism, rule of law, separation of powers, and check and balances that begot the judgments nullifying that embarrassment of an election, don’t waste our time, just get the hell out of there. Finito!” Theu concluded.

Mutharika filed his nomination papers for the rerun alongside his new running mate Atupele Muluzi, the 41-year old son of former President Bakili Muluzi, who ruled Malawi from 1994 to 2004.

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monosile
monosile
8 months ago

Theu, wam’masula mdala ameneyu unali kuti nthawi yonseyi tataya ndikulimbana ndi mkulu ameneyu?

Chiga
Chiga
8 months ago

Well argued piece of legal jargon. Let me ask THEU to further challenge Mutharika on the futility of attempting to biologically prove the supremacy of any of these to be above the other viz: brain=executive; or heart=parliament or lungs=judiciary which all depend on a supply of oxygen= rule of law in their respective functionality. Now, honestly which one of these vital organs for human life can function without allowing the proper functionality of thea other two? And which organ can claim to be more superior to the others? Will this interim president convince Malawi and the world that true democracy… Read more »

Chenike Mei
Chenike Mei
8 months ago

Well done Theu, I think the education that u have conducted on him here is a lot more worth than u polofesa anakatenga ku America

Fake Petros
Fake Petros
8 months ago
Reply to  Chenike Mei

Mutharika wasn’t even a high profile lawyer in US. He has never been in a court of law. Anawapezelera a Malawi who always thinks chilichonse cha kunja ndi chabwino or superior

mofolo
mofolo
8 months ago

Theu has every reason to be the loundmouth that he is. What the President is saying is putting spokes between him and the Malawi Kwacha 9.7 BILLIONS that this group is cashing out and sharing from the Government of Malawi. Who would not salivate in the media at the prospect of such a huge payout. its like winning a lottery out of a glitch in the lottery machine! ha ha ha

Lego
8 months ago
Reply to  mofolo

Mr Mofolo,i think you are another nambypamby.What has K9.7 got to do with this article?Why you did not mention Leston Mulli got from the Government.Stop your senseless comment here.Theu has got a very valid point here and we must applause him.APM was not even here when we were fighting for democracy thus a fact.Has must not destroy our hard fought democracy in Malawi.To hell with your pathetic comment.

Kambewa Chisale
8 months ago
Reply to  Lego

Foseki
APM and his brother Bingu Bingiza Muthalika were not here when we were were fighting for Democracy. Mbuyanu asationangele dziko

Banda
Banda
8 months ago

Fact the President is Disrespecting the Constituion and the Rights of the People to participate and VOTE for a President. FACT he is Disrespecting the RULE of LAW after provided 2 opportunities in Court.
He now clings to a clause in the Constituion that says a President remains President until a new one is Sworn in.
But he is not allowed to continue to Frustrate in the delay of an Election or the Right of the People to VOTE. He is Not a King or President for Life.
He is failing Democracy.
VOTE CHANGE ensure your Rights

#NotMyPresident
#NotMyPresident
8 months ago

Zikomo ma judge, it does not matter your tribe, kaya ndinu atumbuka, achewa, ayao, alomwe, koma ntchito mwayigwira. Awa a mukuti a pulezidenti anakhala zaka 40 kwa Amerika wa, akuyenera retirement yeniyeni. 80 years munthu kumafuna upulezidenti. Akapume. Asationongele ziko lathu azipita kwa Amerika ndi komwe kuli ndalama zawo. Akanakhala kuti amalikonda dziko linu bwezi tindalama tija tili kwa Amerika tija atabweretsa. Koma aMalawi kupusa, kumamuyika munthu ameneyu pa uPulezidenti.

Kambewa Chisale
8 months ago

Foseki
Mchona uyu is an American citizen

Steve
Steve
8 months ago

Very well written, APM is out of his senses

SAUNDERS
SAUNDERS
8 months ago

Theu is a Lawyer who always has regionalistic mind set up and he is misusing his profession to attack and be rude to the Head Of State, he thinks people can not question the Judiciary, He thinks this Profession can not make mistakes and above the Law. He has been arrogant throughout, attacking the President, Southerners and many other people simply because they are not from where he is coming from. He is not repentant after Loosing a case against Simbi Phiri and was asked to pay Simbi Phiri all the cost of the case, he should know that come… Read more »

#NotMyPresident
#NotMyPresident
8 months ago
Reply to  SAUNDERS

Uku ndiye timati kupanda nzeru. Can you dispute what he is saying, can you bring facts to the contrary. We are not here for personal vendatta. If that is so then you and join the bandwagon of stupid educated fools.

Chenike Mei
Chenike Mei
8 months ago

Tell him, seems he is clueless with what Theu is saying……..

Lego
8 months ago

I also wonder with Saunders comment,very contrary to facts of Theu.Shame on him!

Lego
8 months ago
Reply to  SAUNDERS

It is you who is supporting your fool APM based on regionalism and tribalism.In fact you don’t have senses in your brain.A very well educated and patriotic could have recommended Theu’s views but because you are silly guy thus why you are castigating him.

Kambewa Chisale
8 months ago
Reply to  Lego

Yes the moroon is an idiot

Kambewa Chisale
8 months ago
Reply to  SAUNDERS

Foseki
Mbuyanu is not a Malawian he is an American citizen ndiye asationangele dziko

Mazira
Mazira
8 months ago
Reply to  SAUNDERS

Hahahaha Mr Saunders go to sleep

Dpp handed back to udf
8 months ago

Alamu Pumani Mwakalamba mutu wawo unayima after he lost two wives one in 1984 and the other in 1990. He said this himself in a Zodiak programme Tiwuzeni Zoona. His children don’t even come here to see him. He is a lonely man.

Kambewa Chisale
8 months ago

Mbuyanu if he cannot manage his child then how do you expect him to manage the country

Dpp handed back to udf
8 months ago

By saying that irregularities didn’t affect the outcome it was an admission that there were irregularities. Mbuzi za ma counsel just like their boss APM. At his age I don’t think APM is up to date with legal issues. He must have last read a law book some twenty years ago. As an African he was not even recognized in America. If they kill the likes of George Floyd in 21st Century do you think APM was recognized there. He was possibly homeless as well. Umbuli wachuluka mwa APM. Let him tell us his students in USA. Kuba basi. He… Read more »

Kambewa Chisale
8 months ago

Foseki
Mbuyanu came to Malawi with only a suitcase. Koma now he is a rich man

Mwini muzi.
8 months ago

Ndi Kamuzu yemwe. Nkuona nkhope yake idakalibe pa chinsalu chanu cha tambala wososokayo. Mukustsatirabe ma practice Ake a nkhaza zodyetsa anthu osalakwa Ku ng’ona.

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