Mutharika gets electoral bills for assent: Law expert predicts fierce court battle

A legal expert says there could be a fierce court battle if President Peter Mutharika refuses to assent to Constitutional Court sanctioned electoral reform bills which parliament passed last week.

Presidential spokesperson Mgeme Kalilani said Mutharika got the bills on Thursday.Justin Dzonzi, a legal commentator said Mutharika will have to assent to the bills to allow for the conduct of the Constitutional Court sanctioned fresh presidential election on May 19, 2020.

“If the president refuses to assent to the bills, he needs to give the reasons, he needs to justify why he had done so. But this can lead to a very serious court battle,” said Dzonzi.

He said petitioners or the friends of the Constitutional Court election case, ordinary citizens as well as parliament’s Public Appointments Committee can all drag Mutharika to court over the matter.

But Kalilani said Mutharika is yet to make a decision on whether to assent to the bills or not.

“The law provides for 21 days for the president to act on the bills, either to assent or not so we are within the 21 days. This is the set of process which is followed,” Kalilani said.

He said the law is very clear on this as it empowers the president either to assent or not, saying everything was at his discretion.

Kalilani said Mutharika is aware that this is a Constitutional Court ordered bills and that the election case is now in the appeals court.