Mutharika is not illegal tenant at State House, says lawyer Kanyenda

March 10, 2020 Zawadi Chilunga - Nyasa Times 55 Comments

Private practice lawyer David Kanyenda has quashed assertions to the effect that President Peter Mutharika  is an illegal tenant of the State House, saying  that is  wrong in fact and at law.

Kanyenda: Claims that Mutharika is  illegal tenant of the State House are therefore wrong in fact and at law.

The lawyer was commenting after opposition Malawi Congress Party (MCP) president  Lazarus Chakwera charged that Mutharika is “a temporary tenant “at the State House, official residence of the Head of State.

Kanyenda, who was one of the lawyers who represented President Mutharika as first petitioner in the  presidential elections petition case,  said  Mutharika has legal mandate  as Malawi leader which was approved by the Constitution Court.

“As well as nullifying the elections, the  [Constitutional ] Court also directed that the status quo in the Presidency would revert to the position before the May 2019 elections.

“Put simply, the Court maintained APM  [Arthur Peter Mutharika] as President but restored SKC [Saulos Klaus Chilima] into the office of VP in place of Hon. [Everton] Chimulirenji,” said Kanyenda in a post on Facbeook.

He stated that statement that Mutharika is  illegal tenant of the State House are therefore wrong in fact and at law.

Kanyenda said such statements serve to undermine a fundamental part of the recent elections case judgement.

“Nothing could be further from the truth than wild assertions purporting to claim that APM is an illegal tenant of the State House. Our prevailing Constitutional scheme abhors a vacuum in the Presidency,” Kanyenda said.

Chakwera, who together with UTM Party president and State vice-president Saulos Chilima, — secured the landmark judgement by the five-judge panel of the High Court of Malawi sitting as the Constitutional Court that nullified the May 21 2019 presidential election on February 3 2020—  has said through his party that  Mutharika can no longer purport to have the authority to govern the country.

The MCP states that  Mutharika  and his government  are  “in breach of the social contract with Malawians which is the very basis upon which this authority to govern ought to have been assumed as provided for under section 12 of the Constitution.”

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55 replies on “Mutharika is not illegal tenant at State House, says lawyer Kanyenda”

  1. Iwe David Kanyenda law yake iti, kaleleni mwana uja yemwe munangomupatsa mimba mtsikana wabwino bwino uja mkumusiya. Mukulephera kumalipila chapamwezi, mutiuza chani zamalamulo apa

  2. Now we know who is fooling the old man! Him that the police have arrested several times for swindling clients monies! Eish…umangodziwilatu!

  5. Awa nde ndi achisilu anadya ndalama za client lero akufuna azitibhowa apa zinazi umangoona utaziyamaba mwina akufuna kutikumbutsa kuti akadali m

  6. Nawenso Zawadi ndi kannyendaaaaaaa wakoyomusatitopetsepo apa!! Inuyo ndi Jerusalema University yanuko……………… kuteloko mukumva kuti the terms: “Temporary Tenant” and “Illegal Tenant” mean the same? Chakwera said APM is a temporary tenant and NOT an ILLEGAL Tenant? Choncho don’t twist straight forward issue like this to please a dad………..nayenso apm basi pamene alipo amvekele ameneyu ndi amene akundiimila ku court chonsecho munthuyo samatha kusiyanitsa zinthu zozizila ngati these simple terms……. nde milanduyo mungawineeeeeeeeee? Koma ana a dad awaaaaaaaaaaa!!

  11. Lawyer opanda nzeru ngati kanyenda ine sindinamuwonepo mutuwangawu chimelereni kkkkkk, mbuzi ya munthu

  12. But we choose president through a five year term as per constitution, the 5 year term is over. What is the law interpretation? Do we need the court to give the Nation the president? Or after failure in election do we needs an interim govt?

  13. Oh! Please! Chakwera didn’t say illegal president. He said temporary president which is very true. The post of presidency is never a permanent position. We do have presidential election every 5 years. Not a permanent contract until retirement. We can also say that APM is an illegal president based on the results of May 2019 elections. Unfortunately he is both temporary and illegal president of Malawi.

  14. If our police really work independently then why not charge Chakwera with contempt of court as per ConCourt judgement.

  15. It is sad that Counsel understands only the ‘textual’ interpretation, not the ‘purposive’ interpretation of the Court judgment. Tinpot dictator Mutharika was given a 150-day mandate to run the country so he could implement what the Court ordered. So what is not temporary about that??!!! And sadly he is not using the 150-day ‘new lease’ on running the country to implement the Court orders but to steal and terrorize the citizenry!!!

  17. Lazaro Pedegu Chakwera is a raving mad pastor bent at nothing but evil hence his eyes can not see anything positive about APM. Chakwera is rude, ruthless and power hungry but shall never rule this country looking at the level of nkhanza which he has demonstrated while he is out of government. Kumupatsa udindo he shall become a very notorious tyrant.

    Pepani abusa onyenga a Pedegu chakwera. Chanu palibe.

  18. I think there is a difference in meaning between the words temporary tenant and illegal tenant. I am not sure if Chakwera said illegal.

  19. Does “Temporally Tenant” and “Illegal Tenant” mean the same???? Educate me learned lawyer.

  21. Ngati mulibe cholemba start educating the masses on Corona Virus. Do you not know that MCP statement on this issue is a political statement? What they mean is that until elections are heard Munthalika cannot be sure of his tenancy at the state residence. You need not trouble yourself consulting lawyers.

  22. No wonder you lost the case in court you are very useless lawyer. Chakwera said Muthalika on temporary tenant at state house. So you are interpreted on your own that he is illegally staying at state house. kkkkkkkk odi ukooooo!!!!!!

  23. Mr Kanyenda I thought you are a lawyer but you are unable to read, then how can you advise your client? Mr Chakwera wrote”Temporary Tenant” and not “Illegal Tenant”.Is temporary the same as illegal school me

  24. Illegal and temporary sounds different Mr. Learned Judge (cadet). It shall be seen if the word temporary shall change to permanent after the impending elections.

  25. I am not a lawyer, but at least I have some understanding of the Queen’s Language. Is ‘temporary tenancy’ the same as ‘illegal tenancy’? I think my learned friend, David Kanyenda has missed a point. Can Malawian lawyers please desist from being obsessed with ‘protecting’ some individuals’ personal interests and be objective in their legal contributions? Well, may be David consulted a confused version of a Law Dictionary. Musatichititse manyazi!!

  26. Iwe Kanyenda, wasowa zochita, ungofuna kuti anthu adziwe kuti kuli a lawyer ochedwa kanyenda? foolish

  28. Kanyenda, Illegal and temporary have completely different meanings. Cant you make the distinct difference? No wonder you lose cases. Koma mudadutsa ku Chilunga kapena nanunso ndi a Yerusalem University?

  29. Is this different when APM says Mtambo and friends are terrorists? Understand the language being spoken currently, my learned lawyer.

  30. Last I checked the words ‘temporary’ and ‘illegal’ are not the same and do not carry the same meaning. Please Mr Kanyenda do sit down.

  31. Wasted my good two minutes reading crap by a proven thief and fraudster Kanyenda, who has been arrested multiple times in the past.

  32. Chabwino akungogwirizila poti tikadalibe prezidenti ovomereka. Iyeyu adabera chisankho mothandizidwa ndi mfiti yayikazi Jeni Ansaaa

  33. David Kanyenda seeking attention and trying to cover his ass from prosecution after swindling clients of their money! A thief of a lawyer!

  34. Mr Kanyenda or whatever you call yourself. Hon Chakwera did not say that APM is an “illegal” client at the state house. He said and I quote that he is a “temporary” tenant a the State House. There is a big difference between illegal and temporary. Why do you want to start issues where there are no issues? Is it not true that APM is a temporary tenant at plot no. 1? So is anyone who occupies the house whether Chakwera himself or SKC whoever will occupy the mansion will be a temporary tenant. If for sure you are still aggrieved by the constitutional court verdict, please do not justify your anger by making irrational and unsubstantiated comments or innuendo in this regard. Do some research to make sure that whatever you spit out should have a pinch of salt.

  36. Chakwela kukakamila mpando mwamipando yoipitsitsa padziko lapansi.M’ busa wotumikila zapansi panyanja

  39. Mr Kanyenda you might be the only sensible Malawian who did not understand what Chakwera was trying to say.
    Basically according to the concourt ruling, the results of the previous election were nullified due to unprecedented level of irregularities…many Malawians understood that as rigging orchestrated by the adapap regime.

    Muntharika is therefore living at the state house as a care taker president because his term ended last year so for him to start arresting Malawians for proposing to stage their protests at the state house is unbelievable.

    If it is against the law to protest at the state house what were those DPP sellouts doing at the state house a couple of weeks ago?

  40. He didn’t say an illegal tenant if i got it right, rather he said “a temporary tenant” which is true in every sense as all democratic presidents are as such, because they have to move out of there in ten years- if lucky, or otherwise 5 years.

  41. Every president is a temporary tenant at state residences. Why are you inventing words. The statement did not say “ILLEGAL” tenant.

  42. Kodi Kanyendanso nde uti. Samatha kuwelenga kapena he is hard at hearing. Chakwera said Petulo is a temporary tenant. Zinazo illegal tenant mwazitenga kuti masala? Koma munkakhozadi nkalasi kuti mufike pamenepo?

  43. temporary implies that after May 19 hes leaving after losing these are politicians you idiot

  46. Bravo Lawyer. If Mutharika is illegal tenant ,who collects rentals from State House. Chakwera umbuli baasi. He was in kindergarten when kamuzu was rulling. I have never seen a stupid Reverend like Chakwera. Koma ife a MCP zoona titsatile mbuli imeneyi . Baasi tiluza. Kwathu. Ndi ku opposition. Palibe chilipo kwathu kwatha chifukwa cha mbuzi iyi

  48. So, according to you, saying “temporary tenant” is the same as saying “illegal tenant”? I beg to differ. You’re trying to twist what he said.

  49. The lawyer seems to be good in understanding the queens langauge. “Being temporary has never meant being illegal”. Therefore, I don’t see where the lawyer talking about “in fact” and “at law”. This sloppy thinking is what is costing Malawi.

  50. Since when did “temporary” became “illegal”? Do not mislead people with false assumptions. But then you are a lawyer, a greedy one in fact…

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