Mutharika refuses to fire MEC commissioners, confirms withholding assent on Malawi electoral bills: ‘No fresh polls May 19’
State House has confirmed as earlier reported by Nyasa Times that President Peter Mutharika has refused to assent to the electoral reforms bills passed in Parliament in February this year which technically means the presidential fresh elections slated for May 19 2020 will have to be rescheduled.
Presidential press secretary Mgeme Kalilani told a news conference in Blantyre that the President is duty bound to critically scrutiinse each provision in the bills and check if there is conflict with the constitution or other laws.
He said Mutharika has also refused to sign the Public Appointments Committee (PAC) of Parliament’s recommendations to fire Malawi Electoral Commission (MEC) commissioners.
Kalilani said the commissioners were not given time to prepare for the meeting with the committee and were not given a chance to bring their lawyers.
He said Mutharika finds PAC’s recommendation fatuous and “laughable” considering thatthe committee find the commission competent in the parliamentary and local government elections and incompetent in presidential vote.
Parliament in February passed the electoral reforms bills, which paves the way for fresh elections after on February 3, the High Court sitting in Lilongwe as the Constitutional Court (ConCourt) annulled the presidential election, saying they were marred by a plethora of irregularities, which saw Mutharika re-elected.
The court therefore ordered Parliament to make provisions for holding of fresh presidential election within 150 days.
Parliament passed the Parliamentary and Presidential Elections Amendment Bill which has set fresh elections to be held on May 19. The Bill also provides for the holding a run-off election 30 days later if no candidate gets 50%+1 of the votes cast.
“His Excellency the President has witheld his assent for all the bills,” said Kalilani, saying the bills “does not meet the test of constitutionality.”
Since the President has refused to assent to the bills, Kalilani said bills will be taken back to parliament after 21 days.
A prominent legal scholar Dr Mwiza Nkhata explains that where the President withholds assent to a Bill, it must be returned to the Speaker of the National Assembly with a notification that Presidential assent has been withheld, including the reasons for the withholding of the assent.
He said such a Bill must not be debated again until after the expiration of 21 days from the date of the notification of the withholding of the assent.
Nkhata said according to the laws, if such a Bill is subsequently debated again after the expiration of the 21 days but before the expiration of three months and passed by the majority of the National Assembly, it must again be presented to the President for assent.
“This time the President must assent to the Bill within 21 days of its presentation. All Bills that have been passed must be immediately published in the Gazette. No law made by Parliament can come into force until it has been published in the Gazette.(S.74 of the Constitution). Parliament, however, may prescribe that a law shall not come into force until a later date in spite of its publication in the Gazette. In such a situation, the law will ordinarily come into force upon the publication of a ministerial notice appointing the date for its coming into force in the Gazette,” he states.
In the meantime, the date of fresh elections will change from May 19 2020 to a later date as Nyasa Times earlier reported.
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Even though Munthalika has refused to sign the bills, God will use this to the advantages of the poor malawians.Keep praying and fasting,the devil is the liar. Malawians has won a number of cases from the courts and peace is there.Peter Munthalika ana ako Ali Ku American kusangalala ndi misonkho ya amalawi.Leave amalawi atukuke naye.Bwanji Kodi mwakula madala muyalukapo chabe apa.We don’t want dictators in 2020 .
I bet Mfiti yayikazi must be ululating.
munthu ukafuna kufa umachulukisa zochita nthawi ikubwera ndipo Babylon akugwa pompano ndipo you will fail
This is outrageous behaviour BUT lets not let him get away with this if better Malawi for everyone is to be achieved. This is the problem we have in Africa when you have a country leader who’s age represent Only 2% of the total population. APM has nothing to lose since he never have any legecy to remember him for. He intends to destroy the country and the lives of the young generation the future of the country for his own EGO nothing else.
I doubt if any reasonable President would assent to bills that are in conflict with the constitution. The law says, if any Act of parliament (which is a secondary source of law) is in conflict with the constitution (which is a primary source of law), the constitution overrules the Act. Therefore, even if the President had assented to these bills, they would still be overruled by the constitution, thus, his assent would be useless. President woganiza bwino sangasainile zimenezija. Thumbs up your Excellency, you have proved that you are there to defend the Constitution of the land. God bless you
Peter Mutharika is a Demon in Human Flesh. God, you are there and you care about Malawi. We come against this Demon in Jesus’s Name, Amen and Amen.
Constitutional crisis….
Angodzitayitsa nthawi
Olila samugwila pakamwa .
There was a man so powerful that we used to worship him on Sundays like God instead of going to church. I personally worshipped him. He is no more. Very interesting planet.
Shame on you and your DPP LOT, you are buying time to launder tax payer monies…….PAULENDO KUTI WAWAWAWAWAWAWa!!!!!! THATS WHAT YOU GET FOR YOUR GREEEEEEEEDDDDDDD!!!!!
APM has done well. The bills were unconstituional because the opposition failed to get two-thirds majority hence was unable to change the constitution. Speaker Gotani then went on to amend the electoral act without following procedures. Besides, ConCourt erred by ruling on 50+1 and MEC when petitioners had not petitioned the court on these issues.
Where was HRDC when PAC of parliament was violating the rights of MEC Commissioners for a fair hearing?
Opposition MPs in PAC were responsible for the violation of the rights of MEC Commissioners for a fair hearing. You can imagine how much harm they will inflict on Malawians if given a chance to rule.
Chindere chakufikapo
Last kicks of a dying old horse, everything that flies will have to land one day old man…….the only question is whether you will be able to sustain the impact when landing.
This is exactly what APM has been planning to do all along since parliament approved the bills…..his plan is to delay the elections at all cost and prolong his grip on power as long as he can possibly manage. Getting into a fake marriage with UDF was all part of the plan to fool Malawians as if he was preparing for the elections. UDF will get some ministerial positions as a reward for helping DPP in this plan.
He knows his time is up and that the only thing he can do now is prolonging his stay at the helm, what he does not know is that in so doing he will create more enemies than a few friends from the mulahko and the ones he is trying to protect at the MEC.
He is buying time to make sure that the appeal case at the supreme court is heard hoping that the judges their will overturn the concourt ruling, and all I can say to the old senile man is that his plan is build on shifting sand……..what if the supreme court sustain the concourt ruling, what are you gonna do old man, commit suicide?
Sometimes it does help to humbly accept defeat, because your sins can be forgiven, but if you continue on this path surely the in coming govt will make sure that every corrupt case is brought to bear…..and prison will be the permanent home after state house that I can asure you. And I know that the action you have taken is exactly to try to avoid prosecution. But there is a better way of dealing with your fears dialogue, dialogue, dialogue. Or great politicians who have lived before you have used dialogue and compromised to sail thru trouble.
Nthawi ifika basi!!soon or later payalulidwa pamudzi pano.
Alekereni ana apitilize kukazinga.
I hope Mutharika will not regret this. You cannot display such arrogance against the court and went away with it. Ask one Jacob Zuma. If the supreme court agrees with the constitutional court that the majority means 50%+1 (which is obvious to the neutrals) the court can decide to go back in time to the time when somebody actually won the election and guess what? It was Bingu and JB in 2009 and JB will automatically become the president and Peter will lose all the benefits as he is the illegitimate president. The court did Mutharika a favour by retaining him as a president even though he did not win in 2014.
JB will become the president from April 2020 to the time we will vote again!!!
This is exactly the observation I heard the Supreme Court of Appeal also has. I don’t know how you found out about it. Peter didn’t sign the bills becuase he knows he is illegal president. He has no authority to sign those bills because he never had the numbers. The only person who got 50% +1 % is JB so in truth she is still the president of Malawi. Peter already agrees with this.
I hope u know that in the past,the same supreme court interpreted majority as simply more votes and not 50 plus 1 right?
and i believe u also know that it will be difficult for the supreme court to change the interpretation now as what is said by the courts is put on records right?
Kumaona mbali zosetu etiii
No one is above the law,come wht may he will bow down to the need of Malawians.The ones fooling him will regret,and its not long.He z not a star,believe me akungosakira pofera.Nanga atsala madzi angati iwowa,I feel sorry for Jane Ansa.the sun will rise very soon,the battle z still on.We are almost there,we cant give up!
True.
Needs of Malawians! Oh my foot you pig. Just come straight. The court advanced the needs of loosers
Mr Kalilani, taking powers, koma please mkazi wanu uja mukumuzunza ndi ma side chick..
Mudzawafuna malamulo omwewa mukapita ku opposition vry soon ,think 2wice Mr ddp
Oh really, tell MCP and UTM that we do not change laws like underpants. They failed to get two-thirds majority and then decided to amend the electoral Act. The opposition did not even abide by the 1-month notice
ndi chifukwa chiyani anadikila kuti apresindent alumbire kaye mayesa akanapita ku court asanalumbire? apa majudge mwaonekeratu kuti munadya banzi ya achilima. the truth shall prevail god will punish you chakwera and chilima. god bless our president guide him with your holy spirit kuti satana achite manyazi
The arguments advanced by the president as reasons why he doesn’t want to fire MEC Commissioners are very laughable. He says the commissioners were supposed to bring their lawyers at the time when they were meeting PAC. I find this argument very laughable. PAC is not a court and what they were looking is to see the competence of commissioners. They were invited to attend the interview for the job. Do we take our lawyers when going for job interviews? The president just wants to waste our time.
Excellent observations. Educate the Prof of Nepotism.
Do u interview a person you already hired???
Moyenda, nkutheka sunagwireko ntchito imene kumakhala regular assessments. Some employers interview their employees every year, others every three months, yet others every six months. Those whose PD results are impressed are either promoted, or their salaries are increased, or they get a bonus, or any incentive. What PAC was doing did not require commissioners to bring their lawyers, they were supposed to respond to the questions in a manner that demonstrated that they were competent enough to continue provided that service to Malawians.
“you can delay change…..but it will always come” Bakili Muluzi during pressure group days
Satanadi wafungatila Malawi eishhhhhh
ife agwirizano was zipani 20 pamenepa tibadikira kaye tisanalengeze tse.Ngati 50+1 kulibe ndiye kuti baba arafat ayendere yoke.
This is not a delegatory task,Muntharika was supposed to and meet journalists himself.Nevertheless Malawians will not relent seeing few greedy politicians enjoying our taxes while average of them go empty
Gentlemen, can someone educate some stupid Malawians including lawyers. 50+1 was rejected. Why then coming up with a run off bill. Stupid MPs wasted time debating this. Stupid Mtambos forcing the president to assent to stupid bills.
I think youre the most stupid guy ever to comment on this!!
muona nyekhwe,no rerun soon,Majoti ndi mzakoyo
Nothing illegal here, don’t blame the president, he has cited the flaws and gaps, so he has acted within the law, chofunika is for the concerned to address the issues and send them back to him for action..nthawi ino siyotinso tizikomana ma jacket..after addressing the cited issues he will have no choice but to do the needful..don’t let lawlessness reign in our midst because.of personal interests or ego…
You have made a serious mistake. You will remember this day when you’re not where you are now
PARTNER IN CRIME
The Concourt Judges overstepped their mandate The President is just proving to them that they have area of their jurisdiction.Next time let justice prevail because it cannot be suppressed.
Ntchito tigwira, mdima ukachulukitsa ndiye kuti kwatsala pang’ono kucha
This sounds like seek and hide game. Whatever happens after this Malawi need to go back to the drawing board to re-draft sections or articles in the constitution. The constitution is weak and so many loopholes in it. The MEC chair is a sitting supreme court of appeal judge and the president is a constitution law expert which to me they seem to know the loopholes in the constitution and seriously using those loopholes to their advantage. When the election case was in court, was the president supposed to be inaugurated or his inauguration put on hold until judgement us passed? Is his presidency legal or illegal. Was the constitutional court not supposed to nullify his presidency since the electoral process that put him into power was nullified? The incumbent is in no hurry whatsoever as long as he is in that position and it is legitimized. His impeachment will only depend on his party’s majority in parliament.
This has nothing to do with one being a constitutional law expert or supreme court judge, but arrogance. Is it not the supreme court judge who told the nation that election cases are not appealable? Is it not the same constitutional lawyer who has accepted some aspects of the judgement by allowing the VP to be reinstated ?
Divine impeachment does not depend on the natural laws commonly applicable to human beings. What Malawi experienced in the course of political turmoil that gripped the nation in 2011–2012 is what may be called divine intervention that ultimately brought some political stability, though only for a short time during the reign of the first woman president. Let’s pray that there will be another more permanent divine intervention. May God have mercy on Malawi and completely defeat the forces of the occult movement.
Even if he wouldn’t have been inaugurated, he would still be the president using the 2014 inauguration…….we have a constitution that peter mutharika took part in drafting it…….koma ndiye if ku North pompano, tipanga declare kukhala patokha and have our own president because this is absolutely stupid…..
Kulira ndi chigamulo uku. Freedom is coming ………… The will of the people not the will of DPP.
Jane Ansa had promised to Malawians in broad day light that once the Concourt’s judgement ruling found the MEC to be incompetent, she would resign, she failed to keep her promise. She has promised again to resign if the Supreme court upholds the lower court’s determination. However, the President appears to have assured and convinced her that they (two) can effectively use (or abuse) the loopholes in the constitutional provisions to eternally cling on to their powerful positions. Whereto now from here? Wa Jeffrey,(DPP Secretary General) has warned Malawians at a recent political rally that we could be dealing with supernaturally powered wizards and witches of the highest ranks in the spiritual realm bent on seeing ‘death’ and ‘destruction’. Wa-Jeffrey went on to brag that ‘female witches’ are more devastating in their witchcraft. I think what Malawi needs now is divine intervention!! Christians, wherever you are continue to fast and pray, the battle for the soul of Malawi is more supernatural in nature than natural!!!!
Dziko limafunika President okhala ndi vision, strong minded and wise osati kumavomereza maganizo a zigawenga NO!!!!! Bravo!! Mr. President that’s what it means by being WISE Most Leaders in Malawi are blind they do not know where they are coming from and where they are going – they just critisize for the sack of critising – Surely may God bless you our President…. the more people curse/hate and shower insults on you the more God blesses you!!!!!
Apatu ndiye pongofunika kuchichotsapo panpandopo by force
walemba mmadzi
TIMENYATU…SITIKUWOPA…….DIKIRA UWONE!!!
You do not have to be a lawyer to know that the President has grossly erred in rejecting to fire the commissioners on account of the fact that they were not given time to prepare for the interviews and that they were not allowed to bring their lawyers. What the president surprisingly fails to understand is that PAC is not a Court and therefore, the commissioners were not on trial. They were simply called to be interviewed to demonstrate their competence in managing elections. They did not have to prepare because eight months prior to that, they had just managed an election. So prepare for what?? They did not need to be told what they would be interviewed on because it was all going to be about electoral process management. Furthermore, where a document was required to support any assertion they made, they were given time to submit such documents to PAC on a given deadline. I find it so baffling that such silly arguments can come from a whole president who claims to be a constitutional lawyer.
The basis for withholding assent to the electoral reform bills can only be commented on after seeing the reasons advanced by the president. But if the thread is the same as those advanced against the recommendation to fire the the commissioners, then I am afraid it’s the same bullshit!! Truth of the matter is that the president is buying time, this time around through abuse of presidential powers. Put simply, he is on the run. Sooner rather than later, he will be cornered like Al-Bashir of Sudan. The time of reckoning always comes for bullies!!
APM has the prerogative to assent or not to assent to bills. There is a constitutional processes to guide what happens. In this particular case, parliament failed to get two-thirds majority and then illegally amended the Elections Act. ConCourt judges must be ashamed. The Supreme Court already ruled on ‘majority’ in our constitution. We have never used 50+1 since 1994. And by the way, did the petitioners ask the foolish ConCourt judges to interpret the constitution or to annul the presidential results? The reputation of our judiciary is on the line.
You got it all wrong!!!!
My friend which planet are you living in. The DPP have cheated the people of Malawi. We are one of the few countries in Africa with an independent judiciary. You should be proud of that. You think the dpp are there for the good of the people or they are there to fill their fat stomachs.
This does not change the concourt order that the elections should be held within 150days. Infact Jane Ansah hinted on this during NECOF meeting meaning that she is part of the advisors to the president. The other thing is they are trying to buy time for the commissioners. Remember their contracts are ending in June 2020 except Jane whose contract is ending in October 2020. The president will ensure that come June 2020 there will be no commissioners to run elections and he will delay the appointment of the commissioners until after the 150days and see what the court will decide. The elections might be held end of this year or early next year. Also the DPP is aware that the opposition is united and will loose on the ballot hence buying time to find loopholes of disuniting the opposition by buying its members or means of angering the opposition to boycott elections for its self ride.
this is simple and straight forward, this bills lack the test of constitutionality. Procedures need to be followed, no short cuts. Period
MDF where are your provisions of preventing war kodi? Mugabe was like APM until his own General decides ”enough”
Kaya wina afune, kaya wina asafune, chaka chino zinthu zisintha basi. Olo mukakamire pa mpando agogo, you will pack and go.
Pitala and his DPP have got no balls. They cannot stand the heat of an election. He is playing hide and seek with the law just to buy time.
Personally I fault the Supreme Court for putting the dates for hearings too far. Furthermore Supreme Court should not allow Jane to miuse public funds for this case since all evidence was already rendered in court.
Gertrude too is forcing her husband to stick to power so she can eat as well before time runs out which unfortunately has already started to.
Mukuputa nkhondo…trust me we are not afraid…
Koma uyu ndi lawyer yadi? Pitala
The president is stalling and making time for the appeal from MEC of which he is the second appeal ant. We are in for more fuckery in Malawian politics. The mtchona wants to waste more money and time for the development t of this country.
He has exercised power invested in him by the constitution.
He has abused those powers big time. He and his crones are going to pay heavily for this mistake. Malawi is not his personal property. Watch the space howthis heartless, toothless image of a human being is going to be destroyed. Enough is enough you fools.
This man has such contempt for his owm citizens he doesnt even bother to give his response in person? Instead he just sends his cholaboy to deliver the message to the people? Dangerous times ahead. Uyu awone zimene anawona Gbagbo.
The conduct of mec commissioners wasn’t petitioned why volunteering to recommend their dismissal. The 5 judges lost all objectivity and dealt ruled on things not brought before it for determination. Seems They ruled on things which should have been brought before it and not what had been brought
There is nothing to worry about here. The bills lack the test of constitutionality and they have to be sent to Parliament for further debate and once passed, they will be taken back to the President for assenting . No shortcut. So dont blame the President. he is only acting within the laws of Malawi. Dont politicize the process. As for election day, MEC will have to re-schedule its calendar .
True
5 concourt judges was not aware of those possibilities and provisions. Is why they ordered new laws and elections within very short time as if they were rushing for something. Nobody outside the country will be citing the concourt ruling in their petitions.
….DON’T STOP REAL SCHOLARS FROM QUOTING THE RULING…ACTUALLY MOST HAVE AND ARE DOING THIS NOW……….KAWERENGENSO MANI NGATI MUMATHA….
APM didn’t even have the cahoonas to make the statement himself. He had to send his underling to make this important announcement…
Please someone help to clarify to some of us who are not that smart in Acts of Parliament and how far a President is legally allowed to act in his presidential capacity?. My question is, suppose the President totally refuses to assent to any of these electoral reform bills?, and suppose even after his and MEC’s appeal to the Supreme Court fails and the Supreme Court upholds the determination of the Concourt, and the President and Ansah still stick to their stubbornness to cling to power, what are the provisions of our laws in such extreme cases? I see Malawi seems to be heading in the direction of lawlessness? With the president and Ansah adamant that they are larger than the laws of the land being lawyers themselves?
We will go to war.
Your questions are already answered in the article, read carefully. It does not need a lawyer to understand this article. It is very clear unless there is something new you personally want to bring in not in relation to this article well written by Osman Faiti.
What will happen is that if he will refuse for the second time, he will be removed by force and adzamangililidwa machende muntengo. Thats what the law provides.
ADADI ANAKONZA
Zaziiii anakonzapo chani apa???? Poti wasala pang`ono kuchita manyazi
kapangenitu zisankho zanuzo ngati sadakomze
Wodziwa za malamulo
This APM is the worse of all the presidents Malawi had have.He is a dictator,he thinks he is above everyone in Malawi.He is a power hungry man.Malawians shall rise above him come rain or sunshine.GOD BLESS OUR COUNTRY!!!!!
You are just a dunderhead! Have you read and understood the reasons why APM hasn’t assented to the bills?
The bills are just a rubber stamp and malicious! They are there to serve personal interests of some individuals.
Why should MEC be fired? It scored 66% in the elections, which is above 50%, meaning MEC passed the 50+1.
It scored 2/3 which is 66%. Where is this coming from? The court and parliament accepted parliamentary and local government election results, meaning MEC performed well. Had it been that the commission failed 2 and passed on the president only, then firing was the right treatment for them.
But now even the courts have agreed by accepting 2 of the tripartite elections. Well, no reason to fire them.
You may be correct, Kamuzu was once worse, then Bakili, then Bingu, then Joyce Banda and now Peter Munthalika. This now implies that even the one you think can be a good president will also be worse than the previous presidents. Politics is a dirty game. This is a world system unless we adopt Godly system which is the only perfect system.
Hahahahahaaha….Anthu ena ngoseketsa heavy. How can APM be a power hungry man when he is in power?
Dunderhead…because he is sticking in power and he is there illegally!!
The President APM is the most Democrat President Malawi ever had. Those people who are not happy with the President’s decision, can go run back to your 5 confused judges.
Kkkkkkkkkkkkk confused judges
Mr President be very careful. Do not plunge this country into war.
APM is a lawyer by profession. He is not like a Busa ongodalira ma demo basi
But he has lost all the cases brought before the courts. The appeal will be his last.
kkkkkkkkkk muli ndi chida inu? kafusenni a kwa Nsundwe angozumza abale ao omwe,alomwe tiri pheeee
Kodi? Mwaiwala kale zomwe zinamchitikira mlomwe wina uja nthawi ngati ino mu 2012? Bwanji kuyiwala msanga chonchi? When you make a conscious decision to thwart the will of the majority you just accumulate a lot of unnecessary stress for yourself and you end up dying like a dog. At most APM is just delaying the inevitable by just a few months. But at what cost? Come September he will not be going to his beloved UNGA again as President…
God forbid!