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.

Kalilani: Announced at news conference that Mutharika has refused to assent to the electoral reforms bills passed in Parliament in February this year
Journalists at a news conference by Presidential press secretary

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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Malawi belong to the citizens

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 .

Mtete
Mtete
7 months ago

I bet Mfiti yayikazi must be ululating.

phade
phade
7 months ago

munthu ukafuna kufa umachulukisa zochita nthawi ikubwera ndipo Babylon akugwa pompano ndipo you will fail

Smick
Smick
7 months ago

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.

Chiombagaga
Chiombagaga
7 months ago

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

Dr. Godfrey Mvuma
Dr. Godfrey Mvuma
7 months ago

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.

George Victor
7 months ago

Constitutional crisis….

Anthony Chilomba
Anthony Chilomba
7 months ago

Angodzitayitsa nthawi

Joseph chagomelana
7 months ago

Olila samugwila pakamwa .

Kandulu
Kandulu
7 months ago

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.

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