Legal expert backs Kaphale over Malawi poll date setting

A legal expert has said the Legal Affairs Committee has no powers to write the Malawi Electoral Commission (MEC) to set date for the holding of the presidential election.

Kanyongolo: This issue should be debated at the plenary.

This was after the Legal Affairs Committee of parliament chairperson Kezzie Msukwa confirmed having written MEC that the election be held on June 23, 2020.

But Constitutional law professor Edge Kanyongolo says it was illegal for the committee to write the pollster on the matter.

“This issue should be debated at the plenary. A parliamentary committee is not parliament. Parliament is the whole House meeting at the plenary,” he said.

He said the committee would just have made recommendations to the plenary on the date for the election, not fixing the date.

Msukwa said he could not seek legal opinion from the Attorney General Kalekeni Kaphale, describing him as compromised.

However, Kaphale, who is goverment’s chief legal adviser, wrote back the committee, telling it that MEC will ignore the date fixed by the committee for the election, saying the committee has no Constitutional powers to fix such a date.

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Bishop Msusa of UTM
Guest

Kaphale is right.

mtete
Guest
mtete

I am no legal expert but I knew Kaphale was righ

che Vikitala
Guest

Inu khezi msukwa ndi wopepera. you can even hear his statement one may wonder kuti kodi akulu awa ndi malawi muno? amakhala ngati commander in chief wa zigawenga……. timothy mtambo.

Fake Petros
Guest
Fake Petros

The problem is that he has consistently and persistently compromised his position. First by taking sides in an election case, second by making crazy (even to a lay person) court appeals

National CEO
Guest
National CEO

There is some truth in what Kaphale is saying.

monosile
Guest
monosile

Kaphale is non other than cadet, what can come out of a cadet, delays ,delays, delays or refusal, why.

C Banda
Guest
C Banda

“Edge Kanyongolo says it was illegal for the committee to write the pollster on the matter.”

Is it not better to say that the committee had no legal basis to write to MEC, which is not to say that it was illegal.

Prosesa Galatoni
Guest
Prosesa Galatoni

Ine am waiting for the real Prosesa Garton Kamchedzera’s legal opinion. I miss you Garton

Forgive them
Guest
Forgive them

Munangodana nawo a Chakwera nd a Chilima,vuto ndiloti simukonda ana anu,ndinu anthu odzikundikira nokha,munthu wa nzeru and okonda ana ake kuti adzakhale ndi tsogolo la bwino sangamasekelere zomwe dpp ikuchita,
Ambuye tikonzeleni dziko lathuli

Jason Mlowoka
Guest
Jason Mlowoka

That is the Law Professor I know (Edge the Great), sizinazi ai. With him he will always shoot from the hip, with all guns blazing and taking no ‘Prisoners’. Don’t read legal books like the Koran, from right to left or back to front.

Malawi belong to the citizens
Guest

Bora osazimenya mmimba nokha,we don’t know what God is preparing for Malawians.

Pompey
Guest
Pompey

Ok Kaphale is compromised thus why he has simply warned and made it clear to you that he has no powers to force you to follow what he says bcoz he knows the judges are up against him so he was only interpreting what the law says.

Inu a Msukwa popeza ma judge ndi atumbuka anzanu nde mwafika pomudelera AG tiyeni nazoni ndi nthawi yanu.

Makungwa
Guest
Makungwa

Sorry there’s no any such surname msukwa is a chitipa ask his tribe coz they have more than 11 tribes in chitipa he’s neither the tumbuka tribe sorry we don’t like mabodza Ngati awa musiye . I myself knows who is from my tribe tumbuka rumphi we don’t have msukwas ask mtambo might be his tribe not us .

Nicholous
Guest
Nicholous

You are damn wrong.

CHILIMA-COVIDIOT
Guest
CHILIMA-COVIDIOT

MCP Siingalole after 1term,chilima alowepo.
Chifukwa chilima yemweyu ndamene wakhala akuikhaulitsa MCP.
2009 Bingu anamukokela pafupi mwachisinsi ndipo MCP anaipondeleza.
Mu 2014,yemweyu,mothandizana ndi pitala anapanga zopppussa kwambili
Chitsilu chachabechabe chimenechi
2019,anaima poyela kumamufunila zabwino zakupambana kwele,kenako anaitembenuza poona Chakwela waimanazo

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