Malawi parliament starts due process of law to remove Ansah: Summons demo organisers
Public Appointments Committee (PAC) of parliament has summoned anti-Jane Ansah protest organisers to find out why they want the Malawi Electoral Commission (MEC) chairperson to resign in what analysts say is the due process of the law to remove the MEC commissioners.
Human Rights Defenders Coalition (HRDC) vice chairperson Gift Trapence has confirmed the rights activists will meet the PAC members on Thursday.
“This is a very exceptional meeting. They want to appreciate the reasons why we want Jane Ansah out of office,” said Trapence.
He described the meeting with the PAC members as an opportunity to lobby the committee recommend her firing to President Peter Mutharika.
PAC has the powers to recommend her removal from office.
Section 75(4) of the Constitution—the supreme law of the land—states that a member of MEC may be removed from office by the President on the recommendation of the Public Appointments Committee (PAC) on grounds of incapacity or incompetence in the performance of duties of that office.
PAC chairperson Collins Kajawa said they will hear from HRDC why they want Ansah and her commissioner out.
However, Mutharika told the BBC on Monday he does not see any reason to fire her, saying regional and continental bodies and the US all said the election was free, fair, credible and transparent.
Chancellor College law professor Garton Kamchedzera, observed that moving Parliament to start the process of making recommendation to the President will ensure checks and balances so that the President does not just remove members of MEC on the basis of extraneous or irrelevant considerations.
He explained that PAC would have to examine the facts related to the performance of the functions and duties of the Commission under the Constitution and other relevant Acts (the Electoral Commission Act, Parliamentary and Presidential Elections Act, and Local Government Elections Act).
“They then would have to judge if the Commission showed lack of ability or skill in carrying out one of its statutory duties or functions, such as efficiently and effectively delivering free and fair elections,” said Kamchedzera in quotes reported by the Weekend Nation newspaper.
He said the commission’s failure would then be imputed to lack of effective leadership skills and ability or effective and efficient delegation on the part of the Commission and its chair.
“Upon such imputation, the Public Appointments Committee would have to recommend to the President to remove the chair on the grounds of incompetence. The President would weigh the evidence and reasons of the committee and if satisfied, make the decision to remove the chair,” said Kamchedzera.
The paper reported that Kamchedzera’s sentiments were echoed by Malawi Law Society honorary secretary Martha Kaukonde, who indicated that what the law provides is the viable process to remove any MEC commissioner.
Another legal expert Justin Dzonzi, however, said the MEC chairperson should not be taken to task alone when there is a whole list of people who might have been involved in alleged ‘messing up of the elections.’
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So the beneficiaries of her “incompetence” will decide her removal. If she goes next its the MPs themselves as they were elected using a fraudilent system too.
The audit report is enough to make Ansah resign
The law governing elections has no provision for audit. This was purely the decision of MEC but has no supporting law.
It was better if the chairperson of the Malawi elections voted by parliament rather than employed by the President to avoid such things in favor of the President appointed with.
MEC chair is nominated by the Judicial service commission, approved/appointed by the president. So, the president only deals with what is given to him. Mwapulika/apikene?
The mec chairperson Jane ansah also agreed in 147 madando including tippex that was not allowed for election and as the body of Malawi electrolyte commition they had questions about the collection fluid ( tippex) yet it was credible and fair kkkkkkk
Remove the chair with immidiate effect otherwise we will go back to the streets.
jobless idiot,what else can you do apart from having free lunch in the streets
ndipo sukunama m’bale wanga
MALAWIANS WANT TO HEAR /SEE JUSTICE FLOWING LIKE WATERS AT ALL
COSTS —-DON’T FRUSTRATE OUR FREEDOM FIGHTERS HRDC — IF YOU ARE A BIASED NEGOTIATOR LIKE MULUZI AND
BISHOP BVUMBWE JUST GO AWAY (KAGWERENI)
This is the constitutional way of the dismissal when justice is denied, the truth of the matter is that even A.G admitted that irregularities were exercised that’s why his stupid arguments was to undermine the percentage as a small figure which can not affect the results and in his conclusion when he was being interviewed by the journalists outside he said he will look into all irregularities and asses as to whether the figure can affect the ordination of someone as a winner or whether it was exercised in favor of some one which in our views if so was… Read more »
Mr Joseph You have have written perfectly and if we have Judges like you this court case would not have geared its conclusion for 4 months. The problem many Malawians do not know is that the leadership of the Judges is biased by allowing Kaphale to consume more court’s time by repeatedly questions. Of -course we all know that he belongs to Kaphale camp but show justice where is due. Would also agree with Counsel Msiska that the way these Judges handle this case it will take up to 2025 because of the poor system of trial of the case.… Read more »
So, which court should Malawians listen to, your ‘mob justice’ court or the consititutional court? Does your mob justice court allow for the accused to be heard? And why did your parties decide to take their madando to the high court, were they forced?
Amalawi please look at a bigger picture and stop dreaming this is a government in power. Whatever happened don’t think mutharika is m uli, 1 he’s very educated and worked/stayed in the one of the most popular/powerful state,2 he’s in charge of you all as we speak so stop talking rubbish just go work and earn some money than worsting your time nothing will change wait for next elections. This is Africa mind you nothing is special about you and Malawi stop your senseless noise.
Kodi apa pamalemba ana yet komado anthu wosazikila yet? Pakuoneka ngati pamalemba ma comment angulu nndi alhomwe zitsilu zodya n’gazi. With your own judgement you don’t see elections were rigged , you don’t see that Malawi is being robbed. You don’t that we have stupid people leading us no where. You can’t see that people are dying with curable diseases. You can’t see that Central medical stores is having medicine but government is failing to buy and owe them money. Simukuwona zitsilu inu kuti dziko likuonongeka chonsecho ndinu amphawi… do you have health insurance anyani inu.. mitu ngati man’gani ndi… Read more »
This should be a comment from someone who was supposed to be living in the stone age. people like Anastanzia Msosa are Lhomwe by tribe but they did a good job. Any tribe has heroes and cowards, clever and fools. For example the northerners have their Khumbo Kachali who as a VP ordered the removal of beds from a hospital in Dowa to be taken to Mzimba instead of just buying bed for Mzimba hospitals.And you can judge yourself wheter he is a fool or a clever person.
Rage of a tribalist. We can’t even make sense out of what you are saying.
Chonde mchotseni
Complete waste of time. There is a court case and besides, its a handful of idiots pushing for Ansah to resign. Many of us know she did a GOOD job.
Waste of time for you? you work at PAC or HDRC? KKKKKK Let institutions do what they are mandated! You go and dance at Dpp rallies thus atleast thus not wasting time for you I bet.
Very dull person