Mutharika warns against treason, to remain president: Malawi political turmoil deepens

June 5, 2020 Zawadi Chilunga - Nyasa Times 90 Comments

President Peter Mutharika says he will remain the sworn leader of this country until the successor comes in warning of treason if anyone undermines this.

President Mutharika: I will remain Malawi president , there can never be a power vacuum

In his recorded State of Nation Address (SONA) delivered in Parliament on Friday, June 5, 2020, the president was blunt he was holding to power through a mandate he got from the people after the ballot.

“I was voted by the people as President exactly through the same process that voted for every Member of Parliament and ward councillors. And I was sworn in as President of this country,” the 80-year-old leader said.

“Section 83 of The Constitution of Malawi prescribes the foundational constitutional order of this country,” he said.

According to Section 83, ‘The President shall hold office for five years from the date that his or her oath of office was administered, but shall continue in office until his or her successor has been sworn in.’

Mutharika issued a dire warning that there can never be a power vacuum in the presidency and that he will continue to wield power until he hands over the sword-of-command to his successor  – who will be duly elected  – whenever that will be.

“Those of you who are plotting otherwise will be undermining the constitutional order and therefore committing treason,” he warned.

His comments come amidst claims from opposition to consider having a presidential council after July 3 to manage the transition until fresh presidential elections.

In his presentations during a seminar on the fresh presidential election organised by civil society organisations (CSOs) in Lilongwe, lawyer Justin Dzonzi warned that the office of the President will be deemed vacant if no fresh election is conducted within the period prescribed by the five-judge panel of the High Court of Malawi sitting as the ConCourt.

On his part, Garton Kamchedzera, who is a professor of law at Chancellor College—a constituent college of the University of Malawi,  corroborated, saying  his reading of the law is that if there is no election by July 3, then it will create a vacancy in the presidency and the country will then have to hold elections within 60 days.

In his address, Mutharika challenged legislators to decide whether to hold elections or postpone until the coronavirus pandemic is managed.

“Let us admin we have a dilemma between going to an election too soon or preventing the spreading of coronavirus.

“As a nation, we need to make a collective decision. This parliament must make its voice heard before the people,” he said.

He said “Parliament is more supreme above the Courts” because members are elected to represent the people with the authority to make laws for the Judiciary to interpret.

In his address titled; “Balancing Development and Politics: Renewing Our Love for Our Country”, Mutharika tackled a number of issues affecting Malawians and how his government continues to address them in order to better the lives of the citizenry.

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90 replies on “Mutharika warns against treason, to remain president: Malawi political turmoil deepens”

  1. Peter kulila kwako tamva koma pepani mwachedwa 150 days inali yokwanila kukhinza zithu usanakane kusayina ma bill pano yakuthera ma book sunawerenge mokwanila amalamula akumalawi kuno anzako akadzuka mmawa akumakapanga zomwezo ku ma office iwe umagwira yophunzitsa. Kukanakhala bwinonkusaliziwa lamulo koma kungoliziwa lamulolo ndilomwe lizakuweruze

  2. ndikaesa iwe ndi Jeni munkalatsana ndalama kuseli!!!
    munthu wamba cant just get out of bed, use his hard earned money to buy TIPPEX and do the doggy business!!! crazy man!!! you dont know how people in the villages find it hard to just spend the little money for their essential needs.
    You still dont know ukungogwilizila cabe u mpandou.?????

  3. It us treasonous for judges to create a power vacuum when the constitution has already taken care of that. It might be a good idea to impeach those corrupt and incompetent judges.

  4. The top notch defender of Malawi constitution is the President so APM is right. Let the courts and judges not manipulate the constitution for the sake of installing Chakwera and Chilima to fulfill their personal goals.

  5. When i read the comments I just out that muthalika is lackin wisdom I don’t why may be coz of age he should just go out of that position

  6. The treason APM is talking about would have to be proven before the same judges he is denigrating. Doesn’t anyone see the irony in all this? The executive and the legislature can not finalize everything on their own. For final interpretation of the laws, we still have to go to the courts. The 3 arms of Govt are co-equal: None is above the other. They complement each other.

    APM shouldn’t forget that it was the same courts which saved him from a very real treason case in 2012/13 and it was the same courts which ensured that he could be sworn in as president in 2014 after a contentious election. ” Mmene ulowera ndi m’mene umatulukira”. Installed by the courts and removed by the courts.

    The younger senior members of DPP (Nakhumwa, Msaka, Mwanavenkha, Muhara, etc) should do the right thing by following the Laws and not let APM drag them down together with him. APM’s time is up; but these younger people can bounce back 5, 10 or even 15 years from now…

  7. Have observed that Malawi does not have intellectuals who have wisdom. Everyone making comments is doing that to protect the interest of his or her party or just for fame. Did not expect, lawyers, clergy, chiefs, business leaders to differ on something they could come together for the consensus for the good of Malawi. Malawi has people who can mobilise themselves and come up with decision that can embrase every citizen of this country. Currently the voters have not been consulted or heard on political dilemma in this country . I would be to the opinion of having refrendum instead of having presidential election. Malawians will just be asked whether it is necessary to have fresh election or nor. Have already seen that the layers as a team, the clergy, journalists any category of the society have differences on how to make Malawi move forward, everyone is affiliated with political mind instead of being affiliated with the affairs of all Malawians. Let us avoid as a nation to be amending the constitution just for the sake of accommodating the interest of certain individual instead let us set a period of constitution review. So many areas of constitution that need review.

  8. Amp has not been campaigning.now I know the reason why.they would like to postpone this election.they know it’s hard to win.tricky times

  9. What is treasonous to Malawi (and Malawians) is clueless Mutharika’s leadership: incompetent, corrupt and lacking respect for rule of law!!! Well-meaning Malawians fighting that can not and will NEVER be treasonous by any stretch of the definition of treason!!!

    1. Dumb Mutharika was neither present nor among the resource persons relied upon for putting together our beautiful Constitution and we should be happy for it—the guy is extremely dull to contribute anything positive!!

      1. while was busy for good 40 years abroad busy with the cheap chicks in South Bend.
        bastard.
        you are triyin to pull strings to protect yourself from this DIRTY DEAL OF MUST. IDIOT

  11. It will be treasonous if this corrupt man clings to power beyond 150 days. He his hiding scared to participate in presidential election because he knows buying people’s favour won’t work this time. Baba it’s time to pack up and vacate the position you are occupying illegally. The sins you and your lomwe mafia will haunt you and will soon account to Malawians

    1. Well constructed … agreed.

      APM will go in history as the most corrupt and the president who broke the law many times.

    2. *@vavilov its you who is treasonous. The constitution says clearly says that the presided will remain his power until there is a successor. It don’t say there will be a power vaccum

  12. Akulu kaya tinene kuti nkhalamba iyi ikufuna kutisiyira mavuto before he dies. Does he really know kuti at his age he has very few years to live. Any small ailment can easily take him away. Parliament and the courts are separate. The courts are simply there to interpret the laws which parliament makes. Have we seen people going to parliament for litigation? Are thieves taken to parliament? What does the law say about electoral disputes? It is not the first time the courts have intervened in electoral disputes. The most famous case is that of Ulemu Msungama v MEC and thereafter Namasasa appealing. Namasasu had to abide by the courts decision. We also know that when Bingu died the same APM wanted to take over and even Bakili Muluzi intervened by saying that the constitution was clear. Though a savage Bakili Muluzi knows what the constitution says. The professor of law is the first to break the laws. Ulibe manyazi kodi nkhalamba iwe?

    1. If Bakili is a savage then surely we are savages bcoz we allowed the savage to rule us for whole 10 years at the expense of your ‘Civilized’ pple

  13. All I have seen is just greedy in the executive arm of the govt.Too much plunder of public resources and afraid of jail after elections.U can delay justice but u cant deny it.Time is running out for u Vuma wasakara.

  14. ZODIAK, please immediately organize a debate on the the topic IS A VACANCY ALLOWED IN THE PRESIDENCY WITHIN THE MALAWI CONSTITUTION?
    Participants;
    1. Senior JA of the Supreme Court
    2. Senior private lawyer in constitutional matters (SC)
    3. Attorney General
    4. Prof. Kanyongolo
    5. Dr. Chilumpha
    The debate should be conducted by an independent moderator who is not a journalist or political or social commentator.

    I trust this approach would put the matter to bed.

  15. He is right. it is treasonous to create and environment where the country has no president as judge Nyirenda is trying to do.

  17. APM, Chief Secretary Muhara, Minister of Transport, Gift Dulla are the close circle of people who are killing Malawian businesses by getting bribes from foreign companies to do business in Malawi.

    There is evidence. Tizaulula ndikupeleka umboni tsiku lachi 40 likakwana. These people are very dangerous species who have no heart for Malawians. Yokhayi sazayithawa. Mulandu siuwola.

    APM, DPP change is happening. The more APM and DPP try to stop it, the more the resilient people will become and the more the resistance will grow. History will only repeat itself.

  18. Kikikik

    Koma gwape uyu mukuti APM asatiseketse mwamva!

    Who will commit treason? MISALA SIPOSA APA NDITHU

    Nde mupite ku court mukamangaletu kuti Malawians have committed treason

    Count down on track 😃😃😃😃😃

  22. To members of parliament in Malawi,do things that will help malawians to move forward.The citizens have all rights to vote for the leader they want.We don’t want dictators in Malawi.Munthalika at 80yrs azitiwuza Chiani kungofuna kuchedwetsanapo kutukuka.Mwakula baba.Tinathetsa zawamuyaya kumalawi.

  23. It will be good to impeach the judges who have messed this country – let them explain why they did not annual parliament and local government results if tippex was a serious irregularity. We know they favour Chakwera and Chilima. BUT Mutharika is the president and he has constitutional backing

  27. His interpretation of the Malawi electoral laws has been poor. So why should we take this one?

  28. So he is declaring himself the life president. There is no six year term in our constitution.

  29. Alamu mwakula pumani udindo sitimakakamila nzosiyila izi oyamba kukhala pamenepo si inu

    2. he is above 35 years of age a citizen of this country and thuse eligible for 2nd term like anyone else. if you don’t want him go and vote. osamalemba mbola pano. iwe suzakalamba? you ageing will be miserable

  30. Simple reason, APM is clinging on for dear life is that he has stolen so much money from Malawi. He knows the moment he goes, next place for him is jail. There is a lot of evidence and paper trail to facilitate prosecution.

    Some people who had been previously supporting him and know the deals APM and his close circle have been doing, have now started abandoning him, because they know APM and his cronies have been doing a dangerous game which will one day come back to hurt them. Once this interim president is kicked out, the paper trail will follow him wherever he goes or run to.

    Some corrupt companies which have been giving APM and his henchmen kickbacks to provide of services to Malawi are based in Tanzania and the middle East. They offer the services corruptly at the expense of Malawian businesses. These corrupt companies need to be reported to Magufuli for interference with Malawi internal affairs.

    Mota Engil, and many other foreign transportation companies are killing Malawian businesses. These are some of the many companies which will need to be investigated once APM is gone.

  31. Meant to say you are now running to Parliament where you are hoping to get easy Members of Parliament to bribe. What I know is that Of the three arms of Government, None is higher than the other Mr. They all work together.

  32. Covid19 just like HIV has come to stay, we don’t know when it will end. Your boy Atuple is out in the field campaigning, so what are you talking about.

  33. The problem with Kamchedzera and Dzonzi is that they make comments with their chewa tribe and MCP membership on mind. They deliberately ignore the legal provisions.

    1. And what is the legal provision? Legal provisions apply when one does not try o frustrate the law. APM is frustrating the same legal provision you are talking about. This is the making of a dictator and Malawi has past that period. No sir he has to go. He is pompously saying he will win the next election but deep down he is filled with fear.

    5. What are the legal provisions? I can sense that Peter has come to realise that he is finished.

    1. Kodi ngati anawinadi akuwopa chani?

      Burundi has had elections amidst coronavirus a couple of weeks ago. Professional thief in chief wants to buy crooked MPs using stolen money to avoid elections

  35. I also read the same way that the president shall hold office until one elected is sworn in. I am not sure where people are getting this stupid interpretation that should the elections not be held in 150 days then the office shall fall vacant.

    1. There was no reason for us not to have the elections within the required time. But he decided that everyone should dance to his tune hence the delay. Malawi is ready now to move away from his idiotic rule. This country is bigger than one man.

    2. It is not a stupid interpretation per se. There is a limit to which a caretaker president who has no mandate to rule can be president. MEC had all the time and still has time to hold presidential elections before expiry of the 150 days. The obvious conflict of interest in which APM has found himself in must be a headache only to Getrude Muthalika not all of us.
      Why is APM feeling so afraid to face DR Chakwera on the ballot this time around????????????????????????????? He will not be the first sitting president to lose an election in Malawi,Dr Banda and JB did, APM is not special and is just wasting Dr Chakwera’s time to occupy the State house.

    3. A Caretaker President cannot be given to the same president for more than two times. If we fail to organize elections on 23 June or 2 July 2020, then Peter Muthalika cannot be given a Third/3rd chance to be a Caretaker President. Laws are not meant to be ambiguous, but to be fair to all Malawians. Palibe, zamuyaya ngati za Kamuzu Banda.

      After 150days, the president position will be Declared Vacant. Example, in Democracy, “there is Freedom of Speech, but still more, every freedom has a limit where it can’t proceed”.The same with Presidential leadership.lf Peter Muthalika will be given a 3rd time chance to continue as a Caretaker President, that will be very very UNFAIR TO Competing Candidates in a Democracy.

      To be fair to all, there must be a time limit to every Caretaker President in a Democracy. Muthalika does not own Malawi as his farm yard, no way. No one person is Bigger than the country, Malawi.

    1. The same constitution that APM is frustrating by his delay tactics. It is time to move on man. Campaign and win and then be comfortable. This won’t work and Malawians will not let you.

  38. He was elected through the same system that elected MPs. Kick Parliamentarians out first b4 calling him illegal. The system can’t be illegal to one individual only and be legit to the rest of MPs. Nop. It doesn’t work that way. Lets play fair.

    3. I agree. Why didn’t the courts annul parliament and local government results. It is clear the judges connived with Chilima, Chakwera, Joyce Banda (abiti Cashgate)

  39. So Mutharika wants to play this card. Off Course I knew that he should be thinking of which other ways can he force his hand on poor Malawians. He thought the Courts would Support his wickedness just as Jane Ansah is Supporting him till now. Now that the Courts Chose Professionalism, he has decided to run to the courts since we know they are easy to bribe. After all he has bought that Childish Atupele and his Corrupt father Bakili who drowned Malawi into deep Poverty. Kamlepo Kalua has gone for Sale, he enjoying Money as we speak. I have news for you Mutharika, this Card too will not work. Your time is up. You Will not Hide behind Parliament. Your Own Members of Parliament know that you have nothing to Offer Malawians. Your downfall is here. They will not support you. You will see.

    1. Menat to say Mutharika is now running to Parliament. Anthu inu simukgonatu ndi dyera mwatitoptsa kwabasi. You are hoping to get easy Members of Parliament adyera anzako. What I knowis that of the three arms of Government, None is higher than then other Mr Mutharika. They all work together, shameful man.

  40. Misalatu iyi. If elections do not take place before 3rd of July, the office of BOTH PRESIDENT AND DEPUTY SHALL BECOME VACANT and speaker of Parliament shall temporarily take over. Ngati umaganiza kuti ukakamira pa mpando, wauponda nkhalamba iwe. We will kick you out of sanjika to ndata. Already ndiwe ILLEGAL president.

    2. Treason, Treason, Treason! Don’t hide behind Nyasatimes to speak rubbish thinking that you
      are safe .Those Israeli intelligence can find you easily.

      1. Why Mwini muzi why taking yourself so lowly like this but why?

        I confer to you MM the degree of Master of Arts in Imbecility for Poor Countries

  41. We know you guys have already payed most of our greedy MPs. It will only escalate havoc. Chonde allow people to vote the earliest possible. If you love your country that is. If you lose go. Why fight at 80 years old. You can go rest and entertain your grand children. Look at Goodal Gondwe and Bakili. What’s wrong with you guys. Go rest. Infact you wasting our time.

  42. So he wants to play this card. He thought the Courts would Support his wickedness. Now that the Courts have Chosen Professionalism, he is running to the Member of Parliaments because they are easy to bribe. After all he has bought Atupele and His Dad just like that. Kamlepo also was for sale. I have news for You Mutharika, your time is up. YOu will not Hide behind Parliament. Even your Own DPP MPs know that you are a disgrace. You will see.

  45. Covid-19 has slowed down across the world. Life is is now back to normal except for masks and social distancing.. I urge parliament not to be stupid. Lets deal with this once and for all. You can’t postpone elections based on covid-19 when you are simply trying to hold onto power. Mukapanga za uchigogo zogonazo, you will be sued to pay heavily, this nation will go up in flames and Peter will leave unceremoniously. If he really wants power, let him win the elections

  47. He is running the country illegally. His mandate was over. There is no life presidency in our laws. He is becoming a life president by decree. No ways. We need to defend our hard won democracy.

    1. Exactly true, no one should try to be above the law….. Even A PM himself, Citizens have right to choose a leader of their choice. If they want change, no one should cling to power

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