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.
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Ma savage
UYESELE KUKANA UWONE
nyekhwe..hehehe
I can smell the president not signing
I think someone needs to tell clueless Mutharika that the only mandate he has is the 150-day mandate Judges of the ConCourt gave him, absent that he has no other mandate to govern this country. So his urges to frustrate the ConCourt Judges orders will leave the country without a president or a jointly-run presidency because by the time the Judges tell him this it will be too late for him and his party!!! Clueless Mutharika seems to mistakenly and ignorantly believe he has a mandate (other than that given him by the ConCourt Judges) to run the country at… Read more »
If APM is foolish enough to listen to his cadets and continue with delaying tactics by refusing to replace commissioners, delaying to accent to the electoral reform bills, it will be a terrible miscalculation and mistake. This country is not a Chieftaincy for Mutharikas and Muluzis. People are tired of the DPP and anasiya Kuopa kalekale, i wouldn’t be surprised if they end up storming the State House at the expense of many lives. Someone will flee this country if not careful, and DPP buildings could go up in flames.
My advice is: not to assent . It will be more exciting.
Fortunately your dvice does not matter!
It will be stupid arrogance, costly and economically devastating to a poor country like Malawi. His track record and legacy is already negatively tainted inside and abroad, it’s time to save his face and not his pride.
We need to revise the law of the land on presidential powers on insurmountable issues pertaining to national intransigence.
AYESERE KUKANA ….AWONA NYEKHWE……..ndithu zivuta izi….ayerekeze….muuzane…zibwana sitikufuna dziko ili silaa Muluzi ndi Mutharika families……ndati muuzane kumeneko a DPP, tikufuna mtendere mdziko muno…..tisayambilane dala ayi….tangosayinani even musanawerenge, palibe palakwika..chitani choncho ndithu!!!!
Interesting… If the president refuses to assent he is just acting within his powers as such parliament will have to meet and deliberate the reasons for president’s refusal. All this is within laws so no need to go to court for directions. The president has veto power unless of course the parliament passes the bill with two third majority to override the presidential authority.
You have talked so much sense here.
That would be a foolish president, ripe for pruning.