Malawi Governnance Platform proposes creation of permanent Constitutional Court

Governance, social and political commentator John Unandi Banda has proposed that a separate Constitutional Court (ConCourt) should be created to preside over complaints bordering on elections.

Unandi Banda (L) Governance commentator Unandi Banda proposes creation of permanent Constitutional Court

Banda, who was Kamlepo Kalua’s runningmate in the first post-one-party regime general elections in 1994, argues this could be critical move in the entrenchment of Malawi’s hard-won democracy and consolidation of good governance.

He was speaking in Lilongwe on Wednesday during a press briefing he called under the banner of Malawi Governnance Platform. Banda is the interim chairperson of the Malawi Governance Platform, which is a network of over 50 civil society organisations, according to one of the executive members, Philip Kamangira.

Banda observed that the recent ConCourt ruling in the Presidential Elections Case has opened a can of worms seeking legal interpretations.

“The ruling did not address the substantive constitutional issues that Malawias need responses to. In fact, it leaves a huge vacuum because that court, too, is formally constituted. It is administratively constituted, which means one can also challenge its decisions,” he said.

“That’s why in 1995, whilst in the Malawi Democratic Party, we made a proposal to have a separate ConCourt because we saw electoral complaints coming,” Banda added.

However, the veteran election observer did not indicate whether the platform intends to launch a legal battle to challenge the administrative formation and constitution of a ConCourt.

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Silica gell
4 years ago

Its a fact beyond disrepute that co court is not constituted in our laws. Such an arrangement therefore must always be careful not to exaggerate its operative boundary.

H E Nyaphapi One
4 years ago

Who is this idiot? He looks starved.

4 years ago

One Timothy Mtambo and his friends has raised the bar for you the so called Civil Society. The terrain has changed and Malawi will no longer listed to cadet NGOs. HRDC has gone into the history books as being the real civil society. To the cadet NGOs busy yourselves with your long and mouthful names!!!!!

4 years ago
Reply to  Aabwino

I agree with you. Tima bungwe tangoti mbwerekete ntawunimu. Za ziiii.

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