Mutharika labels PAC proposal to fire MEC as ‘laughable’: Malawi leader justifies withholding consent
President Peter Mutharika has said the recommendation by members of Parliament’s Public Appointments Committee (PAC) to fire Malawi Electoral Commission (MEC) commissioners—including embattled chairperson Jane Ansah—for alleged incompetence and mismanagement of the May 21 2019 Tripartite Elections, is “specious and laughable.”
Mutharika said in a statement issued by Presidential Press Secretary Mgeme Kalilani explaining the reasons why the President has not assented to the electoral commission amendment bill.
The President said he has withheld his assent to the bill because “it does not meet the tests of constitutionality and lawfulness and that it infringes on the principle of separation of powers with various arms of the government”
Mutharika said the PAC report has shortfalls, which he has cited, that relate to the right to lawful and procedurally fair administrative action under section 43 of the Constitution.
He said the parliamentary inquiry did not give the MEC commissioners enough time to prepare for the meeting and that in the recommendations to the President PAC did not include letters of invitation to commissioners summoning them to appear before the committee
“The letters of invitation to each Commissioner to a hearing are not disclosed in the report; The Commissioners were apparently not given adequate time to prepare for the hearing. At law, there is need to give individuals adequate time to prepare to attend to inquiries,” said Mutharika, a professor of law.
He further argues that the report does not indicate whether the commissioners were given any particulars of incompetence or incapacity.
“The report does not disclose whether the Commissioners were given the right to bring lawyers to represent them at the hearings. The report has failed to establish that members of the committee, individually and collectively lack competence and capacity,” said Mutharika.
According to Mutharika, the PAC report does not factor in the role that stakeholders played in agreeing with the Commissioners on procedural issues and forms to be used and puts the whole blame on Commissioners, “hence its findings are questionable.”
Apparently, Mutharika pointed out that the electoral body had “the competence and capacity to manage the local and parliamentary elections but lacked the competence and capacity to manage the presidential elections. I find this position specious and laughable.”
PAC public inquiry that assessed the competences of MEC members was ordered by the Constitutional Court on February 3, when the five-judge panel of the High Court of Malawi sitting as the Constitutional Court nullified the presidential election in the May 21 2019 Tripartite Elections.
Mutharika said PAC could as well have been “prejudiced” by the findings of the Constitution Court, and said since the judgement is under appeal, and in light of the reasons he has outlined, he rejects Committee’s recommendation that he should fire the members of the Commission including the chairperson.
The five-judge panel comprising Healey Potani, Mike Tembo, Ivy Kamanga, Redson Kapindu and Dingiswayo Madise, unanimously upheld a petition to nullify the election and tasked Parliament to facilitate the reconstruction of MEC which was found to have been “grossly incompetent”.
The Constitutional Court declared the commissioners incompetent in the discharge of their duties of managing election.
PAC has a membership of 21, including chairperson, and comprises six legislators from the governing Democratic Progressive Party (DPP), six independents, five from main opposition Malawi Congress Party (MCP), two from United Democratic Front (UDF) and one each for People’s Party (PP) and UTM Party.
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Peter Munthalika is a dictator.
Anzeru ndinu
I have two things to say here:
1. It is being said over and over again that the court and PAC are failures because the MEC which conducted the presidential election is the same one that conducted the parliamentary and Local Government one. So the argument is that if the presidential election was nullified because it was poorly managed then the other two should have been nullified as well. Those who are saying this are mentally bankrupt. The matter which was taken to court was for the presidential election, so the court dealt with that. The judges and PAC could not deal with the other two simply because they were not put before them. In other words, if you take one person to court for theft, the court will sentence only that person. Even if the judge knows that there are other thieves around, he will not include them in the judgement because nobody complained about them. This case was for the presidential election and not the others, period.
2. Mutharika argues that the commissioners were not given a chance to bring their lawyers when they appeared before PAC. Many people have been summoned to appear before committees of parliament before, I have NEVER heard of anyone having a lawyer there. Is the president telling us that people should go before parliamentary committees accompanied by lawyers? Come on Mr President, are you serious on this one?
Mutharika is in contept of court. Show him that he is not above the law! He is very arrogant
“If there is no justice for the people, let there be no peace for the government!” Emiliano Zipata
Laughable indeed to you the dpps @147 complaints mps too were there and others won the cases after taken to court you just wanted everything to go your dirty ways Mr tippex you don’t like the truth you even not love Malawi you are just greedy leader
This PAC is insane and laughable indeed. Munthu sunganene Mai all kuti sabereka Pamene iweyo unabadwa mwa maiwo. Ndi wamisala yekha yemwe angapange izi. The MEC which PAC says is incompetent is the same MEC that facilitated for them to be members of PAC now. Zomwe anachita a PAC ndichimodzimodzi kunena Mai all kuti ndi wosabereka, MISALA. PAC isatipusitse, it is being used by opposition.
Mutharika has yet again exposed his ignorance and lack of understanding of both governance and employment laws and confirmed suspicions he is a ‘fake’ professor of laws!!! Proven incompetence or lack of ability at ones employment is one employment misconduct where the employer is allowed to SUMMARILY DISMISS AN EMPLOYEE (along with proven theft) because in law it is treated as MISREPRESENTATION (meaning, if it were not for your misrepresenting that you were competent in the job you would not have been employed for the job) and you can only fight ‘a show of incompetence’ by ‘disproving it’ or showing that the incompetence shown was relating to unimportant parts of the job(s) you were employed for or it did not at all relate to the job(s) you were employed for!!!
Talembani zomveka bwinobwino
APM is totally wrong. The issue of the MEC commissioners did not originate from PAC. The Concourt made a determination pointing out that the commissioners were incompetent. Why has he left out this fact in his argument. There is nothing laughable from PAC.
Please dont write as it pleases you! The ConCourt did not say the Commissioners were Incompetent, but asked Parliament to asses the Competence of the Commissioners, that is why Parliament asked their Parliamentary Appointments Committee to carry out the task. Please note Voting process , vetting and Administration of the Voting is done by the Chief Elections Officer and his staff. The Commissioners are like Board Members or Directors to approve or not approve and Question where they are not satisfied/ or feel the CEO has not followed the laid out laws Governing the elections. In our current scenario is, the Commissioners allowed un allowed procedures like tippex to be used
Is it laughable to fire MEC commissioners and not laughable to fire General Nundwe? Pali nzeru apa pa a President?
Am very much in doubt with the leader we have if indeed he has any leadership in him.
if u force yourself into leadership which u are not suppose to take or head the end result is like this Mr Muntharika .
You always make abrupt decision without proper planning which without doubt might backfire.
A leader should incorporate a common view from a layman point of view to over come unrest.
Try to be a leader for once coz as it stand right now u are not a leader but a dictator.
It is not correct to say that General Nundwe is fired, He is still a Government employee but assigned elsewhere. This is an Administrative matter, so Gen Nundwe loses nothing and may be the new Position will award him more than being an Army General Position. We should blame ourselves because we were dragging him too much into Political mess and some careless reporters were alleging that the General was sympathetic to the opposition. Unfortunately the Army do not comment on Political issues
This line of thinking is what is really laughable.
He has been fired.Do you understand English?
PAC is not even an arm of government.No hearing or representative of the acused?what a kangaroo court. Shame! APM use ur understanding of the Law and your Executive powers to the fullest!..don’t sympathise to the opposition wishes.The game is still on!
This will not end well for APM and jane.
PAC report is laughable. It was created by illegal MPs who according to the Constitutional Court were elected through a tippex election.
MPs were only implementing a Concourt determination. Please learn to listen.
Where were HRDC leaders when PAC was violating the rights of MEC Commissioners for a fair hearing?
We have heard about so many heads government departments/Institutions being called to appear before one Parliamentary Committee or the other but I don’t recall anyone of the summoned officers being given the option to bring with them Lawyers.
We know that some MPs who felt short changed during the last election, just like the Presidential contenders, took legal action within the allowed period and in fact some cases are proceeding in the courts as of today. Those who think something went wrong during the elections but sat “phwii” should not blame anyone.
What a poor Professor,so to Peter Muthalika, out of the 17 million of us Evylin Mtafu is very incompetent?
APM WE SALUTE YOU.THE TRUTH WILL PREVAIL.TIPPEX WAS USED IN ALL ELECTIONS PRESIDENTIAL.MPS AMD COUNCILLORS WHY SINGLE PRESIDENTAIL ELECTION ONLY. THERE IS SOMETHING FISHSY WITH OUR JUDGES..
Mutharika has lost his marbles. This old man is now becoming a danger not only to himself but also to our democracy. He thinks he is smarter than the courts. We will see, ” he who laughs last laughs best”. Prince of thieves and his lover Jazebel Jane are going down together. We will drag this poor toothless man in the streets like other greedy African leaders have been delt with. Malawi is for all of us . Greed and arrogance is driving this old man to his grave very fast. He knows Jane put him in power through fraud if anything she needs to be charged and locked up. If not careful Mutharika will get what he is crying for at Maula. Malawians have had enough of his corrupt practices.
APM has his marbles and he has done the right thing. Well done to him.
How can tippexed Mps be questioning the Commissioners whom they also put them in their positions..its a straight forward case I think some how the judges were rushing to make the judgement before they critically thinking of the outcome of the otherside of the story.
Ukafuna kufa mumayamba kugontha ndi mkutu,mutharika will have a shameful ending
I agree with you His Excellence, PAC was a merely rubber stamp that was endorsing what the con court found.
Even the questioning were prejudiced, judgemental and biased.
They were not given chance to explain themselves exhaustively instead they were being interjected every time they wanted to explain themselves well.
If the commissioners were incompetent then surely the judges could have just nullified the entire election.
Ntchito ilipo achaka chino, only neutral minds can understand every step from the begining up to now.
Party supporters muzingomenyana
Pakadafunda padajiwitsa galu. Chilima apa alamuliradi mbambadidi. IF APM clings to power impeachment is to follow. If God can call him, VP is taking over. If the status remains as it is, Chilima will continue giving headache. Alibetu pothawira Gogowa kkkkkkkkkkkkkk.
Opposition does not have 2/3 majority. By the way Chilima atha kumakuwa but he is an idiotic dog. As for the courts, their credibility is on the line because their judgement is flawed.
I know idiot.
Like I said the Other Day ….Let’s not be Too Angry or Emotional because that’s what this Man wants ….He wants People to go out on the Streets ….He wants Violence …Sakufuna Chisankho .Let’s all Remain Calm la 150 lifika….He has nothing to Lose Even if the Whole country Burns down ….Kulibe Ana ake or Zizukulu kuno ….I hope Atupele and UDF know what they have got themselves into ……You will be used as shields for some people who have no Good Intentions for Malawi ….
Malamulo apikisane tsopano
Yes educate them bwana these are young Children – sanapole panchombo kkkkkk!!!!
Tifera limodzi ndi chomwe chikubwera,….uwonanso but you will go first
My observation is that Mutharika is protecting his personal interest………………Mutharika is too old to run this nation believe someone who lived in USA for many years(over 45yrs) his decision making must be more advanced than someone who has just live in Malawi the rest of his live this is contrary. chilipo akubisa pompano chiuliluka…..
I agree with Mutharika, the way PAC conducted itself was very questionable. The Chairman of the hearing was conducting himself as a Court Judge, they already had preconceived mind against the Commissioners and they was too much Gagging, some commissioners were gagged humiliated and told not to act as if they were in their offices. The PAC Chairman was very incomptent and arrogant, that is why Linda Kunje had to hit back at them, unfortunately many people hate the truth even the so called learned people. Why should the people who benefited from the same so called incomptent Commissioners be tasked to sit and question the outcome of the results? Thats why many of us have our doubts on the ConCourt judgement, its either it was staged, or some one influenced it behind the scenes. Much of the evidences and shortcomings the MCP/UTM displayed against them was not highlighted by the Judges. Its good that the President as a Lawyer has taken a bold stand to expose the shortfalls of the PAC findings. The same evidence displayed in Court during the hearing put it under neutral Judges in a different Country will produce a different outcome. People say a Legal person who is on bail is influencing the Judicial chifukwa akuti ndi dolo. Lets wait and see how it unfolds
The judges are not as stupid as brainless Mutharika, believes— they will have the last laugh and hit back with an order for a PRESIDENTIAL COUNCIL to run the country and make sure their orders are carried out and we will see how well that sits with clueless Mutharika!!! Mutharika will have run out the court ordered 150-day mandate by that time without ever knowing what that was for!!!
Kudya fodya uku
I CAN FOREE THAT TOO……who will blink first? The JUDGES OR MUTHARIKA….THE CONSTITUTION OR MUTHARIKA …!!!!
WILL KEEP, WATCHING TO THE END…..
Ukunama Mphwanga kawerenge Constitution ChapterVIII The Executive. The Judicature has no powers over the Executive and the removal of the President can only be initiated by the Legislature sec 86 of the Constitution. The impeachment can only be done by standing orders of Parliament and shall require the affirmative vote of two-thirds. Refusing to assent wrongly done bills to suit certain peoples interests is not a serious violation of the Constitution, more over the President has stated his reasons for the decline to sign, Parliament will have to view and discuss may be resubmit with amendments. If any Lawyer or judge is telling you that they have powers to initiate and appoint a Presidential Council is just lying, its not that easy!
Mutharika is president at the moment because the COURTS ORDERED SO!!! Always distinguish between ‘textural’ and ‘purposive’ interpretation of the Constitution if you have any understanding of Constitution at all (which I very much doubt)!!!
What? If you are a Lawyer go back to School. The Judicial dont appoint leaders and can not dismiss the President, that is outside their Mandate. Mutharika is NOT there because of the COURTS……Understand the Constitution, He is there because he was voted in power in 2014. The Courts can not order but they can interpret and Mediate…….The Country can not be in a vacuum in an event there is a re run so the Laws mandated Mutharika not the Court.
The judiciary cannot run a country. Their ruling will be subjected to political processes. We are ruled by the constitution – it binds them. The opposition has no majority as in two-thirds. So if the judiciary wants to further tarnish its image let them try to play with fire.
Back to parliament.
LOCAL & PARLIAMENTARY CASES HAVE BEEN AND ARE AT VARIOUS COURTS IN MALAWI WHICH ALSO ADD’S UP TO THE INCOMPETENCY BY MEC COMMISSIONERS!!
CHIMANGA CHODZAGULITSA KUKADZAKHALA NJALA CHIMAFUMBWA – KEEP BUYING TIME!
This guy is worse than Kamuzu. Most Malawians want change, but he is denying them that right. I am not surprised because it is the same people who surrounded Kamuzu have sounded Muthalika. But please, you are being unfair to the young generation who has the whole life in front of them. It is very disheartening to note that they have accumulated money enough to take them until the end of their life and yet they still want to accumulate more. Even the commissioners were told by PAC that they will be given their final benefits, but still they are clinging, what do they want. I think they want people’s blood.
Some of us will need some assistance from people who have better understanding of the provisions of the supreme laws of the country. My question about which I am a bit confused is what will happen to Malawi assuming that in event that the Supreme Court upholds the Concourt’s determination to annul the May 21 presidential election results AND the President and Ansa continue to refuse to abide by the courts’ rulings, using their legal minds to explain that they believe the constitution gives them enough backing to cling to their current positions? Is there any remedy in our constitution as to how to deal with such a President and his MEC chairperson? (Under the circumstances that Malawi finds itself as a nation?) What can the courts do if the court’s judgements that go against the expectations of these two stubborn souls continue to be ignored? and these two souls insist to hold on to their positions? What are Malawians supposed to do now that we have these two of the most stubborn souls on planet earth, and unfortunately as citizens of Malawi?
Chiga, this is what tells you that the ConCourt judges erred. First, the court ruled on areas it was never petitioned i.e. 50+1 and MEC. Second, by ruling on that it exposed its judgement to the whims of politics – no court can control political outcomes. Another issue is whether at all the reasons for annulment are valid considering that the tippexed results did not affect the votes. International observers said the polls were free and fair. The credibility of our courts is on the line here. There is going to be a deep constitutional crisis if our courts (and the Supreme Court) do not back off. The courts will come out HUMILIATED
Bodza ili simunasiyebe kukamba. You think the president will triump over the courts. Jane Ansah wiil be thrown in prison if elections are not done in 150days because of contempt of court.
Malawi is back with a dictator leader.
He said he would hold a Press Conference; so why did he abdicate his responsibility as Head of this Great Republic to address the Nation by assigning the task to his Chola Boy who seems have his boss’s arrogance rubbing on him as well? Bad governance at worst!
Galu ameneyu tichita chogenda kuti achoke pa mpando sure! ulemu wakanika,
The Malawi constitution is very old and laughable. People, how can the president assent to a bill that is biting him or that is opposing his ideology, how? And all MPs are satisfied with this, look now.
Kodi amakunamza nd Mkaziyu????
Mutharika, you are just being stubborn and behaving like Mr Know it all as well as Mr Don’t tell what to do, Idi Amin of Uganda. You think you are the only one who knows the law. You castigate the judges and go to the same judges asking for a redress. Are you sensible upstairs, Mr Nalikukuti Wizard? Rest assured, this thing you are doing is from God. He is deliberately hardening your heart so that you fall shamefully just like Satan for being pompus and Pharaoh, King of Egypt when he refused to let Israel go, when God told him ‘Let my people go’. Malawians will see God’s glory at your fall with all those you are favouring! This will come to pass! We are holding the hot end and we trust God has the reins!
I bet these are the writings of Justice Jane Ansah. The comments she gave when she came out of the enquiry and how the reasoning is in the president’s response is exactly the same. This is how she felt PAC should have done according her.
Mr President Sir, you have written your own political obituary.
Thats how his brother died, i dont see this ending well as well, signs are very clear lol
PAC’s has lots of Msce and diploma ‘mill’ holders who are not capable of making any assessment.
The PAC chair was towing party line while the rest of the members didn’t know what to say. The inquiry was a sham, a fiasco and waste of sitting allowances.
But one thing that I am sure of is that one will walk away from this with a bruised ego
Bravo Peter. You don’t sign when the case has gone for appeal. Kuli ngati kukumba Manda munthu asanafe koma wangokomoka
That is Mutharika for you, I don’t know how you are going to respond to him
Very wise leadership. No need for rushing to vote because the nation still awaits supreme Court decision. Rushing into an election might improperly influence the supreme court. Let the supreme Court rule whether the concourt did the right thing. After that we will know whether we still need to vote.
Why is Muthalika taaking all Malawians as fools????
You cant expect a big thief to fire his accomplices and to sabotage his only rigging schemers after the Israel friends hit the fame!! Wake up folks…