Malawi VP Chilima raising an alarm on presidential criminality — Analyst
A Mzuzu-based governance commentator Makhumbo Munthali has said the recent call by State Vice-President Dr. Saulos Klaus Chilima to remove immunity for Malawi President to face criminal proceedings should not just be easily dismissed but rather perceived from a broader picture as the Veep might be raising an alarm on the possible existence of gross presidential criminality.

The press on Friday reported that the call by Chilima to repeal the law which guaranteed immunity for Head of State from prosecution during their term of office, saying the President should face criminal proceedings for his or her actions as giving such immunity was like giving the Presidency licence to commit corrupt crimes.
“This provision is a licence for the presidency to conduct corrupt practices knowing he would not be prosecuted. I am calling for an amendment to this section in the Constitution if we are to truly fight corruption in this country,” said Chilima as quoted by The Nation newspaper on Friday.
Malawi’s Professor of Public Law at University of Cape Town Danwood Mzikenge Chirwa told the newspaper that a criminal trial for a Head of State could bring a government to a standstill, and further noted that at the core of the challenges is the lack of independence of the investigative and prosecutorial agencies and a “corrupt political culture that reproduces itself”.
However, in a Nyasa Times questionnaire response Makhumbo Munthali said that while it was difficult to prosecute a sitting Head of State it was important that as a country “we should not miss the broader picture or message the Vice President might have been indirectly communicating” to the country.
“Being an insider and someone exposed to the Presidency, the Vice President might have been raising an alarm on the possible existence of ‘embarrassing’ levels of Presidential criminality particularly in relation to the fight against corruption in the country.
“And by calling for removal of immunity of the President, the Vice President might have been using this as a strategy to get the much needed public attention towards the magnitude of the alleged corruption in the country – which he had earlier on described as reaching embarrassing levels – and indirectly communicating that at the centre of this embarrassing levels of corruption was a higher political and public office something beyond the bureaucrats,” said Munthali.
While concurring with Chirwa’s observations that a criminal trial for a Head of State could bring a government to a standstill, Munthali said the issue of the immunity of the Head of State and senior government officials was a contentious issue even at global level especially when it comes to serious crimes that offend human dignity like those under the jurisdiction of the Rome Statute of the ICC which Malawi is party to.
“Perhaps as a country we should not only be warry about a country being brought to a standstill but also asking ourselves this question: should political or public office be a safe haven where one can run to in order to escape justice over ‘serious crimes’ [in our Malawi context] like corruption which put the lives of many Malawians at risk? One possibility would be to isolate those serious crimes which the President can be prosecuted while in office and retaining immunity over ‘smaller’ crimes to just ensure that there is some order.
“Corruption is fastly becoming a ‘serious’ crime not only in Malawi but also at regional level as clearly reflected in its inclusion as one of the serious crimes of international concern under the proposed African Union’s Malabol Protocol. After all, there is no guarantee that after serving his or her term of office the President can face justice as there have often been allegations of a successor government shielding the former head of state from prosecution and in some cases evidence being lost,” said Munthali.
He continued to say Malawians should not allow to be a society that massage impunity over serious crimes that offend human dignity.
Section 91 of the Republican Constitution gives immunity from civil lawsuits and criminal charges to a person holding the office of President or performing the functions of President.
Section 91 (2) reads: “No person holding the office of President shall be charged with any criminal offence in any court during his term of office.”
However, a former president loses immunity and is liable to prosecution for any acts done in his official capacity.
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MA ANALGOUE TIKULUBWA LUBWA NAWOWA AZIPITA KUTI MALAWI ASINTHE.LETS GET DIGITAL WITH THE YOUNG FELLOWS
LEGO
You are right many important issues in Malawi fail because they are left to MPs who in most cases suffer from “conflict of interest” syndrome. We certainly need referenda on section 64, 50 +1, Gay issues; death sentence; presidential immunity etc. Moreover, that is how we brought democracy in Malawi. Change can’t come if we continue to leave issues to MPs who are equally problematic.
Last Witness.
Koma Chilimayu si politician ndithu. Zachibwana zenizeni when he opens his mouth. Mmene adakhala chete paja bola timayesa ndi wa nzeru as Proverbs 17:28 says. Read also Ecclesiastes 10:5-6. Mwanayu ngakhale pa Lucius Banda akulenga zedi. Tsono atani ndi aja akumuchemelera aja a chi na Kaliati, Makonde, Ngalande ndi Masangwi ma corruption cases akufukukawa?
Paja politician kuti akhale politician amayenera azitani? Azinama?
Some of the laws for it to be implemented it needs a referendum not with these MP’s.Look at section 64 and the 50+1 % ,had it been we had referendum these things could have been a past now.Most of our MP’s are just there for financial gains not to save people’s needs.Why we always find MP’s ditching the parties that voted them to those seats because they find advantage of the laws.
Come to think about it, exposing a sitting president may just be a long shot given that he’s protected by constitution. How about, honourable Chilima, expose those criminal-ridden DPP members that are not protected by constitution, for ACB to then prosecute. Eat this corrupt “elephant” piece by piece until you get to it’s head.
Amalawi, muchenjere ndi mkulu ameneyu, ndi wa nkhanza. Mukukumbikira amafuna kugwetsa nyumba Ku mtandire? Osazampatsanso udindo munthu ameneyu. Tangoonani azinzake monga Makondi, Masangwi, Ngalande, Mphwiyo etc all with negative adjectives tagged to their names.
Yeah…in your eyes it’s better that those houses be washed away…fools will ever exist on earth. If one tries to save their lives is when they critisize them….
Chilima Lions club one of our ethics is “To build up my business is not to tear dowm anothers”
Practice smart politics dear.All the best.
What’s he means is that the presidents has been breaking the law..so why can’t he be stopped just as any other Malawian…chilima knows the Bos’s can’t be convicted and re not illegible for the race .
in other words anthu mukulumbwa lubwa kukanatu kusintha. cilima angofotoka zomwe zilipozi lelo.olo atati adzalowe ena ufumuwu olo iye pokomera ndi cisankho ca anthu olowayo azizaganizilapo kuti koma kuti ena nkhaniyi anaikambapo.
tinali ndi ciphwafu cija ca JB kenako ka ben 10. io ankangoonjola nkupanila micila yao pasi phee basi. koma poti cilima akuyesa kufuku;lako kanthu nde iwe iwe iwe ameneyu ameneyu. inu mukuonjolani ndiomwe mukudana ndi coona apa.ndikunama?????????????????????????????????
Bwana Chilima achita machawi adekhe mpando sitithamangira. I think those ppo who made that constitution looked into this critically before thats why there is that immunity for president. He should ask himself why MPs do not want sec 64(recall provision) to be implemented). MPs are afraid that there would fake accusations against them hence MEC would lose even more money in conducting bi-elections. Sitisintha zinthu usanafikepo pa udindowo. Akafuna let him wait if he happens to be voted into power i assume then it will be the right time to say that koma apa afulumira masekowa. Kkkkkkkkkkk
Immunity kupasa mbava. Are we serious malawians???
Kodi a Chilima munali kuti 4 yrs zapitazi? What you are trying to do is to buy public sympathy kuti inu muoneke Ngati a clean. Mwadyaidya nawo lero mufuna munamize ndani. Kaimeni as MP mukanene zimenezo in parliament. I personally wonder that when you want to attack your own government you go to the Catholic Church.Why? Please conduct a rally and say what you want to say. I pity you Saulos because you seem to be a coward , indicisive, myopic and power hungry. If you have issues please report to ACB,FIU or police.the more you make noise the more you lose your steam. Just remain quite or report to agencies to investigate
Let the ngoni and the catholic sit down with the vice president he is leaving word of GOD now pushed by satan just becoz he want to kick out Munthalika who took him from no where and today he is busy fooling him
Ndiye kumanama kuti ndi mu Catolika woona
Iyeyu azayendetsa dziko lopanda okuba ndipo akaba azatani nawo azatula pansi u president
Corruption is evil at all costs. If our country is to develop everybody including the sitting president should be questioned if necessary. Checks and balances should start with the highest office on the land
Mwala ogudubuzika siuyanga ndere.Amalawi ufiti basi .Tonse tinali mom’muno.Mabvuto amene a Pitala alimbana nao ndikuwakonza munthu wamoyo osàti wa misala waziona.Ngati zayamba kubwera mchimake ndi chaka chathachi.Ndiye tiyambenso 1 zaka zake 10 munthu asanamalize.One anayamba kutithandiza chifukwa cha Pitala adzathawa ngati m’mene Gaddafi anasiila chipatala atalowa wina.Munthu timamujaja Poona anthu amene amayenda nao.Motion zoona a vice anzanu angaakhale Kalista,Akweni,Kalindo ndi ena oo.Mwapupuluma musaphe munthu akugwira ntchito uyu.Msiyeni amalize zakazake.24 mpafupi koma mwaononga cv yanu m’mpando mwauphonya.
Chilima should now have balls to call a spade a spade. Why does he have to be ambiguous when dealing with matters of national interest. If DPP is corrupt then say so clearly; if the president is corrupt then expose him and get ACB to prosecute. The same should apply to any senior members of DPP
That is exactly what he is saying. The president is corrupt. Remove his immunity then I can expose him and bring ACB to prosecute him. As things are now he can’t because the president is protected by the immunity. But the president can arrest him for sedition so he should be carefull the way he brings these issues to the public.in am MCP and don’t like Chilima for allegedly rigging the election in 2014. But truth be told the man is coming clean. Whatever his motivation is, is still a point in question
infact am worried. for the past 4yrs where was he. He was supposed to say that even after 1yr not now that we are going to elections.
This is why sitting presidents seek amendments to the two term provisions to extend their stay for fear of being prosecuted once out of office. A head of state should not be involved in criminal activities or seem to be condoning it….full stop.
Saulos KlausChilima’s sentiments cannot be considered as something done in good faith. Usually this happens when one has tried all he could to progress in his agenda but failed. We have all seen how Saulos and his Chilima movement have tried to maneuver in the move to take over from Peter but have failed. What he is doing now it to try as much as possible applying tactics that will dirten the president. One wonders why he could not come up with what he is saying now in his first two years in power? Why now when he is going a failure?
Chilima is power hungry. He lacks basis to attain it. If he was so faithful, he could have said all what is saying tody in his first year or second. He cannot make good leader that Malawi is looking for.. Too much procrastination.
What chilima is saying now was already said by Dr.Chakwera. Never did Chilima supported Chakwera then. Why?
Well in all fairness, it doesn’t look well when someone with presidential ambitions tries to paint an incumbent president as being corrupt. Secondly, he himself is not resigning from the vice presidency to continue being under the same corrupt government. Its common for politicians to talk about others corruption when they are corrupt themselves and want to appear clean. Bakili did it, Bingu did it, JB and PP did it. Both APM and SKC talk tough on corruption. Honest citizens report or leak these things to the press and agencies. Don’t talk about removing immunity. Presidents can be prosecuted after term of office. Expose the corrupt activities so that if he loses next year can be taken to task. Malema exposed Zuma while he was in office. A president can be impeached for corrupt activities while in power. There are systems in place.
What Chilima said is not new as it is spelt out in the DPP’s 2014 electoral manifesto. Emphasis on same has all along been made by Chakwera and others. We should not behave as if the VP has said something from the moon. We all know that our present has too much powers. Please fellow Malawians let’s be thinking soberly when dealing with issues. Think of the 50+% winner issue. Think of the information bill which has not yet been operationalised. Think of rampant killing of Albinos yet culprits are walking free. Think of many others in Ho have lost lives and yet we remain quiet. It is all in government. When we talk of Government we mean everyone in Government now not only DPP as a part!!!!
Our biggest problem with us Malawians is that we are just too quite and polite to those who are transgressing the law with impunity. In fact we seem to condone bad leadership with the result that we get treated as lepers by the very people we have elected. Instead of raising our voices for change we rather re-elect them back into power to plunder even more. The problem isn’t with the corrupt leaders but rather Malawians who elect them into power with full knowledge that they’re criminals. Chilima at least has spoken albeit too late. Where is our voice as suffering Malawians.
I don’t agree with Munthali’s line of argument beca it implies that we should make laws to target an individual. I also disagree with Danwood Chirwa’s argument that we shouldn’t prosecute a sitting president because this might bring government to a standstill. Government is already at a standstill because of these corrupt leaders. What can be worse? In America Trump is responding to charges about collusion with Russia and that hasn’t brought Government to a standstill. I think it’s the right thing to remove presidential immunity.
Also, we need a law that forces the sitting president to answer questions in Parliament the way they do in UK. This will increase accountability
May be the presiident does not share with hiis vice
Chilima is just one disgruntled kid. Don’t sympathize with him until you really know his motives. He may be fooling all of us.
Don’t remove the immunity. It will just allow every Jim and Jack to sue the President on even very petty issues. So instead of concentrating on leading the country, the President will concentrate on fighting court cases. Then in the end you find he is acqitted!!! Remember one is innocent unless proven guilty.
I think your analyst misses an important remedy that the constitution provides to prosecuting the president through impeachment. The key question is: if the president is committing crimes while in office, why should he continue serving in his capacity? First remove him from office and then prosecute him. We say this in many circumstances; when an office holder is suspected of wrong doing we ask for him/her to step aside in order to allow for investigation without interfere of office holder.
Well, I guess you have to decide which ‘stand still’ is favorable; a poor country of 16.5 million people at a stand as result of few corrupt people or a stand still removing corrupt individuals whether that be the president or a citizen? A president takes the oath of office to uphold the constitution of the Malawi government. Does ‘uphold the constitution’ imply that he or she could not be prosecuted if he or she murdered their spouse, their VP or any citizen? If the president does not keep his oath to uphold the constitution; he forfeits all immunity implied or asserted in the very constitution if violated. The sad part of this debate is that the people of Malawi did not understand dictatorship, where the president had all the say on any issue. That itself should have inspired a constitutional clause clearly asserting no immunity if there is evidence of corruption or other crimes. From recent experience, it is clear the post presidency prosecution of a a former president is neither practical nor easy to implement. So far the protection of Dr. Banda, was a fools errand. He asserted the very immunity clause, in his case that he did not know what crimes the underlings were committing in his name. Similarly, former president Multi’s case is still going on with no end in sight. Non of the current politicians in either the ruling or opposition parties are vigorously questioning the cost involved in the muluzi case or the failure to bring it to it’s reasonable conclusion. It is Malawians who will have to re-imburse Muluzi in the end while the ruling party enjoys the cooperation to win the elections with help from UDF. Malawians with the “me the chief mentality’ never learn from past experiences with their presidents. There needs to be an organization within the justice department, independently appointed, from the current investigative bodies and only answerable to a group of judges and private senior counsels, to investigate any criminal activity in the highest office of the president or vice president or ministers of the country. Evidence needs to be captured as crime occurs to hopefully, successfully prosecute in the future. This is what sober MPs, if there are any left, among either the ruling or opposition parties, ought to be legislating not the useless, time wasting, and showy, age limit thingy, eh. Why was the inland port in Nsanje built and why is it not working, why is the 40 plus years in the making airport in Mzuzu just talk, or why is chikangawa forest decimated after years of preservation, with no clear benefit to the disciplined poor people in the vicinity, who chose to proudly preserve the reserve, or why is the economy improving only for the select few who may also be swindling the government? Real issues need to be raised in parliament!!! And solutions need to be arrived at for the good of the country as a whole. What are the MPs doing? ‘Cry the Beloved People’.
With tears in my eyes, I don’t understand how Nchilima can come to that extent yet he was picked by the same APM. No wonder Jesus was betrayed by one of His Disciples Judas. I don’t think Nchilima is the sencere Christian. If Peter will be charged as a criminal Chillima should be charged too. He can’t run away this idiot. To be president of this country he will be a dictator and a killer. Galu nchilima. We will meet one day somewhere.
Tell him to be man enough by disclosing things we don’t know to substantiate what he is talking. We should stop the culture of assuming things because we are damaging reputation of others tomorrow it will be you being victimized by the same culture you are defending now. As analyst you are well learned pin him to give us examples where his claim is coming from. Hope you will do that. Waiting to hear from you soon
He is just trying to woo sympathisers.lgnore him period
He is just trying to woo sympathisers.lgnore him period Is he aware of the law of karma thou shall reap what you saw