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 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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Theu, wam’masula mdala ameneyu unali kuti nthawi yonseyi tataya ndikulimbana ndi mkulu ameneyu?
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; orheart=parliament orlungs=judiciary which all depend on a supply ofoxygen= 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 can really thrive without true separation of functionality of the three arms of ggovernment? What kind of democracy is he trying to introduce to the democratic and free nations? He came to the wrong country!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
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
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
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.
Foseki
APM and his brother Bingu Bingiza Muthalika were not here when we were were fighting for Democracy. Mbuyanu asationangele dziko
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
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.
Foseki
Mchona uyu is an American citizen
Very well written, APM is out of his senses
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 what may, one day Simbi Phiri will make you pay. Learn to respect other people who you dont know and are not from your tribre and region. Those you are trying to attack and destroy today will be your partners in future
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.
Tell him, seems he is clueless with what Theu is saying……..
I also wonder with Saunders comment,very contrary to facts of Theu.Shame on him!
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.
Yes the moroon is an idiot
Foseki
Mbuyanu is not a Malawian he is an American citizen ndiye asationangele dziko
Hahahaha Mr Saunders go to sleep
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.
Mbuyanu if he cannot manage his child then how do you expect him to manage the country
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 was defending thieves there.
Foseki
Mbuyanu came to Malawi with only a suitcase. Koma now he is a rich man
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.
A Theu bwanji mngopita kwanu ku matuli kumpotoko
Ma judge. Achitumbuka ma Lawyer achitumbuka home service at play. Sizamabukhu izi
Foseki
Don’t be rude. Mbuyanu came to Malawi with only a suitcase. His brother called him because amabvutika kwa America.
Another useless and corrupt lawyer from kwathu ku Mpoto.You are a disgrace.
Malawi will become one again when your grandpa goes west indies to play with his grandchildren
He will never go back but to Mpumulo wa bata
We are not here about tribal but facts.Stop your stupid comment muzafa ndi umbuli wanuwo.
Foseki
Remember Dausi and APM sent Tom Mpingsnjira with a bag full of Money to corrupt the judges but they refused because they love Malawi
Remember that this idiot took the dead body of his brother Mr bingu to Johannesburg hospital(mortuary). Wasting our money.
At 80years old Mutharika is demented meaning that his brain is functioning like a child. Just like Dr Kamuzu Banda used to behave. Just like Cassim Chilumpha brain is also degenerating thinking like a child. Its a big problem they don’t see or understand the issues.
Ohoo no Kamuzu understood the issue at hand and allowed the country to move forward. In fact I almost agreed with you on old age dementia but look at Modicai and Chimango. Obviously peter and Cassim are just plain stupid.
Foseki
He must retire
@Papau ndiwe mbuli yotherathu zamitundu zikhuzana bwanji ndi nkhani ikukambidwa apa chindere chakufikapo iwe
I think Theu should be able to know what is in Fredoom of Speech. The mere fact that your time won the case, does not mean someone can not question the judgement. We have seen all over the world where mistakes have been made in judgements and at the end has a great impact on the judiciary. Stopping Mutharika is infringing his Human Rights to exercise freedom of speech in democratic dispensation. We have the freedom to question some decisions. The ju cannot carry the mind of all the people. Those grieved have the freedom to express their grievances, and the Supreme Court is not the final, hence in Europe we hear of European court, where issues that has been judged in the Supreme Court of their countries, citizens have taken them to an independent court. Some our judgements are compromised and there is no independent court. I wish Africa had such type of arrangements where the judges will judge without taking part or favouring friends but done independently. So Theu you should know. Mutharika can express his dissatisfaction based on his vast knowledge of law. That is what makes you and him different. He can get employed world wide , reputable universities, but you Theu can be taken as a student.
Judges have spoken on the laws that have been written, if the Government wishes to amend and rewrite laws that is their choice.
All I hear is complaining NOT forward thinking why the laws NEED to BE Changed.
Court did their Job it is time for the President and Parliment to do their JOB. Complaining does NOTHING but WASTE TIME.
The more DPP is trying to subvert the truth, the more people are getting angry, Theu, hahahahahaha says get the hell out there! Your tactics are a criminal waste of time. This President need to be arrested sure.
He will be arrested very soon trust me on this one. Even those in DPP are very angry with him.
Arrogant APM should indeed blame his legal team which was led by corrupt and childish Frank Mbeta!
Malawians should be happy that MDF soldiers not Peter Namathanga are ready to uphold the Constitution Order as per their mandate after 150days. They have refused to defend someone who has caused so much suffering.
Nde macadet mumuuze mbuya wanuyo kuti tizachita chomukhuza kuti achoke from State House
Tonse alliance willl appoint APM judge of Ngologoliwa Court of Appeal 😂😂😂😂😂😂😂
Parliament will decide so shut up Theu. Parliament can impeach judges so it is indeed, SUPREME.
Coward, impeachment does not mean the person being impeached can not take matters to court. The court has the power to stop an impeachment process coward.
Another useless Tumbuka lawyer.
Finito, Munthalika lacks leadership skills and he is too old to win an election, nyekhwe ulendo uno yilipo ndithu.Amunthalika stop these tactics to delay the election.We want change and we want it now.Tikufuna fertilizer wotsika mtengo tikufuna kulima,tiphe makwacha.Ife zopempha pempha ayi. Thanks Tonse alliance yikubwera ndi fertilizer wotchipa K4495, please Munthalika we want Fertilizer wotchipayu please don’t delay our prosperity.Chifukwa inu mwatifinyi heavy,nanga fertilizer, One bag K23000 zoona, watifinya kwambiri.
Don’t blame government if you fail to provide for yourself or your family. Blame your laziness. Wake up from your sleep, wasting time kuala gule, no time to work, believing in mizimu.
How did this man get his professorship!
We will drag u on the street naked mr president.
Under house arrest is waiting for you and yo getrude soon.
He worked hard in his studies, that is why you are failing cause of your laziness.
FINITO ….. I LIKE THAT ONE
Mawu! He is old and needs rest. He can’t even think properly anymore! Either way, am not surprised… Peter has always been a dull and dormant man. That’s why his blood brother, Bingu, never wanted him to rule.