Mutharika holds on to Chaponda as Malawi govt disagree with court order: Dausi says ‘complete usurpation of executive powers by Court’
Minister of Information, who is also government spokesperson Nicholas Dausi has said President Peter Mutharika is still keeping Minister of Agricultute, Irrigation and Water Development George Chaponda on his post despite a court order suspending him pending investigation on the Zambia maize import deal.
Dausi said in a statement made available to Nyasa Times amplifying what Attorney General Kalekeni Kaphale said that the High Court made “a fundamental error” to suspend a Cabinet minister.
The Minister of Information and Communications Technology pointed out that government disagree with the court’s decision to suspend Chaponda, making some legal arguments.
On Thursday, High Cout in Mzuzu granted an injunction to some civil society organiations restraining Chaponda, MP from discharging his duties as a Cabinet Minister until investigations into maize saga is completed.
“The power to appoint and suspend a Cabinet Minister, under the Constitution, vests in the President as stipulated in sections 92 to 96 of the Constitution of the Republic of Malawi. No person, apart from His Excellency, the State President, exercising his constitutional powers, has the power to remove or suspend a Cabinet Minister,” Dausi said.
“It is therefore a complete usurpation of executive powers by the Court to grant an order like the one made by the High Court in Mzuzu,” added the government spokesman.
Dausi further argued: “Not only does this order constitute a fundamental error in law, but it also threatens the constitutional order on separation of powers.”
He said government notes that the order has been granted pending an application for judicial review – the process of reviewing a decision made by a decision-maker.
“The circumstances surrounding the order make it clear that there is no decision that has been made which would impel a court to make an order that effectively suspends a Cabinet Minister,” he said.
Dausi pointed out that government is further concerned that in the recent past there has been a “proliferation of ex parte orders “coming from the courts and including the suspension of Chaponda.
“ While Government recognizes the fact that every citizen has a right of recourse to courts for genuine grievances, the Judiciary is urged to execute its mandate in an impartial manner and resist the temptation of making populist decisions which cannot be supported by relevant facts and the prescriptions of law,” he said.
Observsers say government spokesman is undermining the court without necessariliy saying it.
They note that government is right that there is a separation of powers. However, seperation of powers should not occur when it is “convenient” for the government, a critic said.
Adding: “The laws of this country are open to abuse because of the deliberate and systematic negligence or inaction to review them. The statement from the government makes legal sense, but going forward there has to be serious discussion on law reform in this country.
“If the executive are serious about separation of powers then they have to stop interfering with the judiciary; instead they must advocate for reform and prticulary judicial independence.”
Edge Kanyongolo, a constitutional law expert and associate professor of law at Chancellor College, a constituent college of the University of decribed the injunction as “extremely unusual” .
Attorney General Kaphale has since said the Executive will apply to court to vacate the injunction once served with the order.
Lawyer for civil society organisations who obtained the injunction, Wesley Mwafulirwa said he was set to serve the minister and the Executive the injunction.
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Nyasa Times can you find out about the Bingu Stadium. Lilongwe City Council is being pressured to issue a Certificate of Completion so that the stadium is used on 28th January. But professionals at LCC are putting their foot down. The stadium is not complete as it has not being connected to the sewerline constructed by a private company. The company needs to be paid the cost of construction which is close to K1 billion.
The people that want the stadium opened actually want to have the DPP Government embarrassed again scandal after scandal. The president doesn’t know the stadium is not complete. If the temporary sewer overflow during the Bus Ipitite match when the stadium was half full, what about a full stadium. These people was APM to fail?
Electricity and water too are not enough.
Court orders are not a cast on the stone that they can not be challenged. Thus why AG has applied for the vacation of the injunction based on the argument of who has powers to appoint, suspend and fire a Cabinet Minister. Until then, we will see what follows after the challenge.
Arab spring ndiye yankho labwino pa nkhani za DPP.
We need to protest till DPP must fall !Period!
Pitala must fall!!!!!
God is fighting for us but my fellow Malawians let us team up and work together for the good of our economy. In Malawi we have a network of evil issues hence so many problems crop up in a related way. Remember God is the Best Judge. Thanks heaven for the Mzuzu courts. They try hard in respect for justice. Pomwe other courts, lawyers, police, ACB etc are becoming more and more corrupt.
Ministers stole tax payers’ money and big man is protecting the thieves. In response to this, God gave us floods last year just to expose maize scam so that once the thief is squeezed he may eventually reveal the BIG fish and other evil deals that they jointly conducted in the past. Shielding maize scam in the manner it is being done now; means some people are above the law. This scapegoat commission of inquiry has already shown biasness. If Janet Banda, an investigator, has shown her side, will the findings be beneficial to Malawians? If Chaponda steps down, what will prevent Janet to carry out her assignment? This is a spiritual revelation that these commissioners have pocketed corrupt money. Why is the commission asking Malawians to provide information/evidence? It is crazy like the police which is also asking for the same yet it has three suspects. Osayamba mlandu ndi ma suspects bwanji? Mpaka bail pa murder case ya ACB Officer? Where is justice with law enforcers? Is it money or fame that prove the innocence of culprits in Malawi? Chilungamo chili ku khoti, ma Khoti ake ati? They grant injunctions and vacate them proudly. Muonatu zakuda chaka chino!!!!
Nicholas Dausi and Mgeme Kalirani defend evil activities yet ife a Malawi tili pheee osatekeseka. People like them are the ones who say ufiti kulibe thereby Licensing wizards and witches to operate freely. Imagine, pano anthu afa ndi Lightening in the house akugona. Which better place were they supposed to stay safely malingana ndi zomwe akuchenjeza a zanyengo pa ma radio stations? We know kuti inu ndinu anthu okhwima. Makani onsewa mukudalira ufiti wanu But remember, you are using God’s creation and time has come for those charms kuti zisuluke in JESUS NAME.
MRA is patting itself on the shoulders for collecting big money; forgetting that it is forcing people to pay taxes heavily so that its leaders (plus political leaders) spend the money on luxuries. Now I urge MRA to go to all funerals and flood victims’ camps to collect tax money. They should not miss this chance because ndalama za campaign zifunika posachedwapa.
Pakali pano it is evident that MACRA ikusokoneza ma receptions (waves) ama media ena with an intention of keeping Malawians ignorant of what is happening in the country.
Finally, ndikupempha Mulungu to continue taking charge of the cases in question so that Chaponda and associates know You Are The Lord. They have forgotten what befallen those who cheated and justified the cheat during elections and other situations. You are Good Lord who cannot let less privileged people continue suffering. All the concerned culprits should start facing it tougher this year. I recall that before elections religious leaders called all political heads and it transpired that prayers were conducted to make governance very difficult to any riggers. It is therefore not a surprise to see what is happening now because this is what we asked from you Lord. Fight these evil ones for us Lord. Give the talent of rebroadcast what was spoken previously, to all the media instead of trying to justify or proving their points verbally. Eg “You said you know who shot so so”. Why not rebroadcast the speech as an evidence of what they said? Last year you warned us about Army worms that attacked Zambian soils. But Chaponda told us not to panic koma pano we are in panic. Peter promised NO Blackout by Dec 2015 koma pano it’s a recurring problem. Purify Malawi in JESUS NAME Amen !!!!!!!!!!!!!!!!!!
Kapumeni adokotala.aa inu kukakamiraku bwanji? Zokutha izi , aliyese amalakwisa .Nanu bwana kusanjikako munapanga course yomweyi yamalamuro tamapelekani chitsanzo chabwino mwatani kodi?
I am surprised that up to now with all that court expediency the injunction is not served to the Executive. Read this post carefully and look attentively on the comment by this renowned lawyer, Edge Kanyongolo. Enanu mukungobwebweta zinthuzi. Umbuli ndi umene ukukuvutani. The opposition is just too emotional because they have tried a million times to find ways of weakening the DPP but to no avail. My advise to the opposition is that if they want to get into govt in 2019 they should find a strategy to penetrate the south and have many converts to vote for it in the presidential box. But instead it is the DPP which is penetrating the centre and north adding to the votes which made it win the 2014 elections. Making noise on Nyasa Times will not benefit anything as the 2019 elections are concerned. Just a waste of time.
Bwana Santana, idzafika kuti anthu a ku South nawonso adzakutopelani a DPP. Kodi mmayesa ku south ndiye kuli umphawi woopsa mdziko lonse lino (NSO Statistics)? ndiye nawonso zidzawakwana. Mukuganiza adzingovotelabe DPP akugona ndi njala…njala mchilombo. Lachifote lidzafika, mwana adzakana phala…kubela mavoti kudzakanika. Ukamufunse makina Yayah Jahme wa ku Gambia. Ife aku central kuno chathu ndichiyembekezo
Birds of the same furthers flock together
It is so pathetic that poor Malawians are failing to purchase the maize since it’s at higher side. Locals are opting to buy the grain from venders I don’t know how this Chaponda has messed around.
The last thing is for Parliament when it meets in February to consider impeaching the President for his arrogance, shielding suspects of scandals from his camp and failing to live up to the constitutional demands. The maize scandal will not end soon, mark my words – people across the country are extremely bitter with the President’s conduct. If Parliamentarians are true servants of the people they should take this route.
“…. and failing to live up to the constitutional demands …” Use of flowery language. But do you understand the meaning of constitutional demands? What does your constitution say about who should hire or fire a cabinet member?
I am tired of this politics of vendetta. The opposition, especially Lazarous Chakwera is so power hungry that he can stop at nothing to frustrate the powers that be. However, it has always ended up with himself being frustrated.
Impeachment? Hahahaha ask Lucious Banda. Where on earth has any sort like this demanded impeachment. Think globally man
I salute your comment. Amalawi adzitero. These people will not make it to the end of term.
In Govt we have highly learned people but they are fools. Imagine Peter waking up one morning. Recruited Patricia Kaliati and others for a new Ministry. Then later ku Lilongweko, DHRM&D nkumayamba coming up with establishment structures (posts/vacancies).
Kkkkkkkkk. kulemba anthu ntchito then later creating job? Kupwambwana kwa akuluakulu ku capital hill. Kumangoombera mmanja zautsiru. Ma MPs, gwirani ntchito yanu mopanda mantha. kupanda kutero God will DO something to You so that you learn bitterly. Amen !!!!!!!!!!!!!!!!
Mbava ndi Mbava kapanji tinene kuti Ndi Mbuzi ya kuba ndiposo watitopeza munthu ameneyo kulikose ngakhale maganizo wake ngaumbalangondo
hahahahahhaa!!!!!!!!
Mr Dausi distinguish between challenging the presidents decision and usurpation of executive powers. you mean to say that ministers are exempted from the law. the learned Judge just granted an order and thus within his jurisdiction. in fact its Kaphale who wrote your remarks.
President with his dunderhead ali mtulo he is a robot brain inasiya kalekale kugwira ntchito like ya Dausi that is why the Judge as interpreter of lawa in MALAWI has to come in to bring sanity in the big head of Chaponda. Ukukakamira chani galu iwe chaponda unadya za peace keeping kuzolowera lero uli mchimanga la 40 lakukwanira shit go to hell!!!
Judge Kenyatta NYIRENDA on my mind (May 2014) when its in your favour all is fine, when its not Judge errored
onse ndi mbava pitala ndi chaponda onse mbava zeni zeni why is chaponda & pitala afraid of this maizegate mukubera limodzi muzagwera limodzi 2019 bola musazabere zisankho apumbwa inu.
Let us pray for protection of this judge…
Lets do a mass demonstration to remove these infidels. Something heavy as the July 20 will do
BIRDS OF A FEATHER FLOCK TOGETHER!…
Thieves
tisamve kuti jaji wapangidwa tintini kodi inuyo a dausi ndi ankolo anuwo a pido nde kuti simukuona kufunika komuimitsa jijo pa u minisitala? kapena mwina mukufuna mutiuze kuti iwowo a jijo samaba?
ine nkusaphunzila kwangaku ndimaganiza kuti munthu atha kupaga lizayini olo atakhala kuti sanabe koma akufuna chilungamo chioneke. Mkalasi mwathu mukasowa cholembela ngati sunabe sukana kusechedwa nde tikudabwa ndi inu kodi chimanga chili pa zitenje chanucho sichinakwane?
Mr Dausi? So u cant see that the president has made a decision not to fire Chaponda amidst the loud calls?
The concerned are basically challenging that decision.
If in ur house u choose not to respond to the outburdts from ur wife regarding ur unfaithfulness, its a decision that u have made, “to remain silent”, and in stupidity u cant say u have not made any decision. Dausi! Wake up. The president has made a decision here and he is holding unto that. This is what is a pain to us. Mukutichititsa manyazi
Mr Dausi please, do tell me “Court Injunction” is the same as suspension. Then I will have to go back to school. Because I have never heard an administrator in office giving “injunctions” to employees. Its suspensions. The court has not suspended or changed any employment arrangement The court is trying to facilitate the investigations. So look at the reason and objective of the injunction.
I don’t think Dr. Chaponda has been suspended or removed because because he is not guilty, neither waiting trial. Not all . And his benefits are intact.
Give us correct sections from the constitution, not what you are saying.
Mr Dausi to hell with your illogical jargon that keeps misleading and confusing our students children.You remain a Mr and you shall die a Mr. Dont just defend trash.Judges are educated people, million times more than you and you cant just wake up with maungu in your stomach and fault or rebuke decisions of these illustrious professions. Mutuwaso after 2019 and that will be the end of you.DPP mumationjeza
Mr Dausi to hell with your illogical jargon that keeps misleading and confusing our students children.You are remain a Mr and you shall die a Mr.Dont just defend trash.Judges are educated people, million times like you and you cant just wake up with maungu in your stomach and fault or rebuke these illustrious professions. Mutuwaso after 2019 and that will be the end of you.
As a bona fide citizen of this country I think the High Court in Mzuzu is right. Under any circumstances when an investigation is being conducted all the involved parties are required to step aside to ensure a credible investigation is conducted. This is common sense. Why does this common sense not apply to Chaponda?
Even bare foot characters in the village know that involved individuals in serious investigations need to step aside during such investigations. And if they refuse to step aside, they are supposed to be fired. What is wrong with Chaponda? And what is wrong with his boss?
This is becoming embarrassing to everybody. It should not have reached this extent. The ADMARC Board did the right thing by forcing Mulumbe to go on leave. Chaponda’s boss ought to do the same. I mean this is common sense.
Lets face it, this is an accident waiting to happen. We are sitting on a time bomb. Cashgate. Maizegate. … gate gate gate. People are getting frustrated and angry with the inertia. One day when these people get angry do not be surprised. History has it that in 1992/ 93 these meek people of Malawi got fed up. Politicians need to learn.
Ndagodutsamo ine. Sindinathyole nkhwani!
then resign honourably mr chaponda. if your hands are clean you will come back as a hero
Mbava ndi mbava kaya nduna kaya Mlomwe kaya …kaya mukhaula simunati……we are coming for u
Ngakhale atumbuka ndifenso mbava – Kasambara aka Kasambava, Lutepo – aka Loot-epo, Joyce Banda – aka JB etc
No person holding the office of the President or performing the functions of the President may be sued in any civil proceedings BUT the office of President shall not be immune to ORDERS of the courts concerning rights and duties under this constitution”. This is section 91 of our Constitution. Therefore, minister Chaponda being appointed by the President is also not immune to court orders. Moreover, the court has not dismissed the said minister (Mr Dausi mwava) . Section 95 says the President shall have the power to remove ministers or deputy ministers from their posts, our esteemed information minister has errored as there is no indication of ONLY THE PRESIDENT.
Akudziwana, onsewa ndi mbava, adadyera limodzi adzagwanso limodzi.
THE PRESIDENT FAILED IN HIS DUTIES BY MAINTAINING CHAPONDA AS MINISTER INSTEAD OF SUSPENDING HIM TO PAVE WAY FOR SMOOTH INVESTIGATIONS. THIS IS WHY THE COURTS HAD TO COME IN. JUSTICE WAS UNDER THREAT HERE. IF THE APPOINTING AUTHORITY THINKS HE CANNOT RUN THE COUNTRY IN THE ABSENCE OF CHAPONDA, HE WILL REAPPOINT CHAPONDA ONCE HE IS CLEARED OF ANY WRONG DOING. THIS IS WHAT PEOPLE ARE SAYING. IS THIS ASKING FRO TOO MUCH.
IF THE PRESIDENT THINKS GOVERNMENT CAN COLLAPSE IF CHAPONDA IS NOT IN CABINET, LET HIM HAND OVER POWER TO CHILIMA WHOM I FEEL CAN RUN THE AFFAIRS OF STATE WITHOUT CHAPONDA.
CHAPONDA WAS NOT BORN A MINISTER, WAS HE???
It seems the court order was based on patronage rather than justice or do we have separate laws in Mzuzu. Is it a case of Judge shopping? Shame our church is part of this unusual act.
Think like Malawian my friend ndinu mukunva kukoma mukamaba yet poor Malawian is suffering
Lets march
The Court of Law is a third arm of Government. Its roles are exercised in fairness. I as a scholar of Administrative Law believes that the Executive side acted in error by compromising the gravity of Maize gate to the reputation of citizens of Malawi which cancelled right to food for the Malawian people. It is unlawful and an embarrassment for a reasonable executive branch to run the affairs of state in a dranconian manner by ochestrating maizegate instead of acting in fairness until justice is carried out on maizegate by firing all people who are implicated.
Further, to make Solicitor General an investigator is abuse of resources and politicization of executive functions. Nowhere in history you can have an acceptable case scenario where one serves as a complainant and a judge. The court of law cannot be politicized. Let it perform its functions including suspension of excessive executive powers which tantamount to abuse of office and gross negligence. Justice is justice and Malawi should not be allowed to operate in a state of anarchy.
It is an act of terror to victimise innocent Malawians with heavy price of maize when the country is facing both food and economic crisis. The Govt demonstrated cruelessness on how investigation process is supposed to run by keeping suspects in the arena of power. It is just that Malawians are calm otherwise Arab spring was provoked deliberately. Indeed it is clear to note that Malawi is in a cleaning mould. Next, CSOs should be supported to join the investigation process to curtail any possibility of corruption. Otherwise, executive branch, cannot effectively investigate itself.
You have said it well, but you have not answered the crucial question. “Does judicial review encompass suspending a minister of the state?”
Besides the president hiring and Firing……anthuwa akubela limodzi…
Mr Dausi, what do you mean when you say, “government disagrees with the court’s decision to suspend Chaponda?” The Judiciary is also part of Government. Instead, you should be saying the Executive arm of Government or the President disagrees with the court order. You have also made fundamental error.
In any case, we have the supreme court of Malawi so if not happy with the lower court ruling, you know what to do. Dont attack the Judge!!! Please!!!!!!!!!!!!
Dausi just respect the order frm the court .if chaponda is not involved in maize saga y r u afraid after investigationns he wl b back in his position as cabinet minister.mbava zama suit izi agalu inu ,u r using our money for personal purposes.kodi a chaponda mulibe umunthu ?anthu akumwalira ndi njala inu kumakakamila kut mkhale pa mpando.zaoneseratu kut u cnt survive without politics,if culd b myself i culd resign the same day kma enanu simungakhale pa town opanda ndale .mtachoka 2 yrs ya masten mnamvesa chisoni kwambiri
There should pass a law that Judges should be impeached by two-thirds
majority in parliament to bring sanity into the judiciary. Acting with impunity
means the judges are just busy chewing our money and not held accountable.
I agree with you. Our Judges need to be covered with some Laws that also should be publicly challenged openly in their disregards or regards within their jurisdiction. There is too much dirt in our judicial system today than ever before. But on Chaponda, he should just voluntarily resign to close the case. We all know and see that his involvement in Maize saga is his architecture.
People have to question why did the CSOs had to take the case to Mzuzu Court.Its a known fact these guys from the north and the region is always against the DPP government.It is politiocal law.I wish to advise the lawyer himself,to take quotion when exercising duties.He is eroding his advancement as a lawyer.There three branches of government,be warned and Mr Lawyer,trade carefully with Chaponda.
IWE MBULI ETI! THE CASE WAS FILED IN MZUZU BECAUSE THE CONCERNED ORGANIZATIONS ARE AL BASED IN MZUZU. FOOLOSH
Iwe tman ndiwe mbuli yotheratu, one can tell from your broken english and misspelling of simple words such as quotion (caution), trade (tread) ….MBULI number one.You must be a tomatoe seller or ngumbu trader.
Point of order – it was in Mzuzu because that is where we shitty tumbukas live.
The decision by the Mzuzu court has to be appealed, if we are to avoid judges making the law, rather than interpreting it.
Mzuzu is becoming known for being shopped for judges who will make decisions sympathetic only to special interests. Decisions way out, into the left field. Aren’t some of these judges ashamed, or of derailing their professional reputation?
Leave it to Parliament, the legislative arm of government, to make the laws.
Chaponda! Chaponda! Chaponda! For the sake of sanity in the judicial system.
A more sober higher court WILL reverse this.
The National Assembly has failed Malawians you little DPP shit!
Mbanva iwe ukuba nawo ndalama za boma mukuopa chani