No fresh elections on May 19: Malawi’s president Mutharika rejects electoral bills

March 16, 2020 Green Muheya - Nyasa Times 154 Comments

President Peter Mutharika has refused to assent to Electoral Bills recently passed in Parliament setting fresh elections on May 19 , a source in the Office of President and Cabinet has told Nyasa Times.

Malawi’s 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.

Since the President has refused to assent to the bills, the bills will be taken back to parliament where they will be debated and passed and the Head of State will have no choice but to assent after 21 days.

Sources close to the president say Mutharika is waiting for a Supreme Court ruling on the election case before making decision on the bills.

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154 replies on “No fresh elections on May 19: Malawi’s president Mutharika rejects electoral bills”

  2. Awa akupanga ndale za chikuwawe koma tingoti pheeee tione. Paja mkulu wake ujanso anayamba ugonthi kenako anatola odusa chikwama, uyu sizimuthera bwino ndipo nsinaone chimunthu chombwambwana ngati ichi mxii

  4. Eregal president exercising his regal power ?? Loooo Nyasaland wabvunda ndi ma old professor , corrupted with the power kkkkkk

  6. Tiziona mathero bwana Mutharika tiyeninazo izi ndi ndale chabe Za Jane Ansah ndi MEC mukakana kuwacuotsa zisanafikenso ku parliament ndale Za tippex a profesa zukukhalani ndi nthawi yanu.

  8. He has the right…Yes…but not to act or behave selfishly. He must exercise that right in the best interest of the citizens.

    1. He has a constitutional right to assent or NOT to assent. There is nothing selfish about this. Actually, the points he has raised are SPOT on.

  10. This man being a Mtchona doesn’t know Malawians. After all it 62% vs 38% you will Live to Regret your incompetence. Shortly you will be Trimmed to Size. Good bye!!!!

    1. Masamu a pa calculator amenewo bwana. Opposition ikumva kuwawa Amazon’s ngati APM ndiwamantha. Muisova. NDI professor wa law.

  11. The consequences of bulldozing the President!!!! kkkkk!!! maybe you didn’t know that he is constitutionary vested with such powers to ‘assent’ or ‘not to assent’ now you should know that he is the President now you can go back and close the state residents if you feel like. Good luck MCP/UTM but the elections will NOT happen on the 19th May 2020 forget about it ok – kkkk!!!! koma Ambuye inu kumwamba chonde tichitileni chifundo anthu kuno ku Malawi aphana chifukwa cha mpando uyu wonona ngati mafuta a mbereswa) Koma kunena zoona sikuti akufunila a Malawi zabwino ayi koma dyera – akufuna kukhutitsa mimba zao basi. Izitu ife zatikwana pelekani solution ku Dzikoli ife tikufuna MTENDERE basi…. chonde Ambuye tithandizeni!!!!!!

      1. Jamax is right. The problem is greedy Chilima and CHakwera bribing ConCourt judges and Supreme Court judges and the opposition in parliament illegally passing bills.

      2. Do you mean the blood which Chakwela mentioned earlier on?????? Mr Zaulendo Uno so you want to shed blood because of politics??? do you mean killing you opponents?? very sad it’s my prayer that before you start killing someone God should forgive you on your EVIL plans that have – Zachisoni kwambili zoona anzanu afe inu mukhale ndi moyo??? chifukwa cha ndale??? mmalo moti inu mugwire ntchito molimbika kuti muzidyetsa banja lanu koma muli bize ndi ndale mumvekere tiketse mwazi kuti tikhlale pa chiwongolelo ngati President kkkkkk!!!! Mpando umewu amapereka ndi Chauta ndipo chala chake chikaloza palibe angamuletse kkkk muchita ma demo kufikila mapazi anu anyenyeke kkkk.
        …

    2. Aaaaa I have never see stupid idiot ngati this one called Jamax, what are you trying to say here?

      1. Saunders, u=you are the one who is a stupid idiot who has been fed lies by HRDC, Chilima, Chakwera etc. The president has the right to assent or NOT to assent to bills. Go and tell your corrupt judges that they erred and the opposition led by Gotani Hara that they presented illegal bills.

      1. Kuonetsetsa apa lakula ndi dyera la president.the president exercise your constitutional powers .we are tired with this political instability in me.If mcp really won,why making coalition with UTM? Musatipusitse poyera

  12. Glad to see that participants from both sides are having mature arguments. My submission yesternight on this page which focussed mostly on the Law argument in particular to the issue of Two thirds requirement for an amendment OF THE CONSTITUTION was aimed at shedding light to readers about the Law. Remember moral grounds is not the Law. Law is Law and it does not personalise.

    Both parties, Ruling and Opposition Parties they should argue on the point of Law. The constitutional court in Lilongwe nullified the 2019 elections. One of the reasons given was that there was procedure impropriety.

    The paradox is that the National Assembly appears to have followed suit and amended the constitution in a manner of Procedure Impropriety. Was two thirds requirement met?

    Politics can be a subterfuge!

    1. No. Parliament failed to achieve two-thirds majority and then went on to amend the electoral ACT. This was UNCONSTITUTIONAL. The other thing is that ConCourt judges overreached in their judgement. They ruled on issues that petitioners never asked them to rule on – they strayed to 50+1, MEC overhaul. Our judiciary is in deep trouble because it has been politicised. The judges did not apply rational thinking to their judgement.

  13. The opposition should be ashamed. They failed to get 2/3 majority and failed to change the constitution and then illegally went on to change the electtoral ACT. They did not follow the procedure of submitting a 1-month notice for the amendment of the electoral act. And our idiotic experts kept quiet.

  14. Mutharika has fulfilled his constitutional duty. He has the powers to assent or not assent to bills. People who do not understand this should go and study democracy and the seperation of powers.

  15. Our judges should be ashamed for pegging their biased rulings on political processes. They must be ashamed.

  16. Parliament failed to change the constitution. Then jumped to Amend an ACT without following procedures. It is right for the president to send those bills back.

  17. A president has a prerogative to assent or NOT to assent to bills. There is nothing odd about this. A lot of Malawians are ignorant about constitutional processes that’s why there is some misguided noises.

  18. The president has the right to assent or not to assent. There is a constitutional provision guiding what happens when a president DOES not assent to bills.

  20. Super Power said about this scenario. What next Malawian People????
    It unfortnate that this has happened due to the President’s lack of understanding of the situation he is in. All blood that will flow from today is on your head. Do not say Super Power did not warn you.

  21. Malawi Defence Force Landani dziko chabe,akuluwa satithandiza. But we know & believe that God is going to fight this battle with us. Ana achepa, what goes around comes back around.

  23. Mr Professor, you have just added the last straw. What you have just done is what many Malawians have been expecting from you (some have even been hoping) because it gives them the opportunity to show who is more powerful between them and you. You have played into their hands, now you must be ready to face their hostility. In Malawi we shall never have a president who will be feared as the late Kamuzu Banda was, yet when the time was ripe the nation stood up, faced him, and took him head on. You bwana Mutharika are nowhere near Kamuzu when it comes to being feared. You have made a bed of thorns, now you must lie on it. Ife tikhala mma stand tidzionera kugwa kwanu kkkkkkk.

  24. The truth is that the president peter does not fear supreme court because all those are children to him in a kinder garden. Our president Ngwazi prof. muntharika fears nobody because he knows law to Z.

    1. perhaps he should teach you some law too you sound like a dumb head! There’s is MDF ask the late Mugabe he always knew some laws but his own Army General knew better than him! KKK

      1. We don’t need army getting involved in politics and destroying our democracy. What has Zimbabwe achieved? People are even far worse.

  25. Is the HE really a Malawian? Since he came to power he has done many things which make me doubt him.

  28. iiiiii iyi ndiye mistake imene pitala will regret in his remaining days of his life otherwise he will be removed embarrassingly

  29. Oh what a pharoah. APM malawians are soon crossing the Red Sea, on dry river bed and the water will close up on you,Dausi, Hetherwick and all wicked people around you. Please Let My PEOPLE GOOO

  33. HAHAHAHAHAAHA I strongly believe that God is at work ,there is something God is doing for Malawi which you and I can’t see or know , just think the story of Moses and the children of Israel , the bible says God hardened the king of Egypt’ s heart so that the Israelis should not take God for granted. God wanted the children of Israel to see the manifestation of God by performing all those miracles for them to see that God is at work because there were some of the Israelis who were thinking that God is not in control of the situation ,My question is who are children of Israel ? and who are the Egyptians is this case of my mother Malawi ?

  36. Comments pleading with this president to show good leadership for justice’s sake in times lIke these are understandable but we could be dealing with leaders here who are deeply engrossed in the occult which means they receive instructions and obey invisible powers of darkness where human bloodshed and pain and mass suffering is the currency that sustain their livelihood. Remember how much bloodshed was caused by the Bingu DPP leadership. Looks like APM DPP leadership will not rest until much innocent bloodbath is achieved to appease the ruler of the kingdom of darkness. But Malawi is a blessed nation. What happened to the agents of bloodshed in 2011 & 2012 is about to happen again to all agents that initiate or instigate sacrifices of innocent human blood. Malawi has a living God that created the evil one. Divine judgement has been passed and there’s no appealm

    1. Yes. This reminds me of the Kamuzu era where more blood was shed than ever before and after. So, maybe Kamuzu and his stounchmen were occultists, right

      1. When Kamuzu realised that the majority of Malawians no longer wanted him he gave did not take long to call for a referundum. I was young but I remember what happened in 1992.

  37. It is in exercise of constitutional powers. The bills need to be sent back to parliament. After all, the opposition passed them wrongly after failing to get two-thirds majority.

    1. The third majority who rejected this bill was then the DPP who else could rejected something important like this than the DPP? Stop saying the third party majority rather say the DPP mps rejected it now it’s their president. What are they scared of?

      1. Isn’t it SILLY that you think the opposition is right in breaking laws. Did they give 1-month notice for the amendment of the electoral act. No.

  38. The opposition failed to get 2/3 majority to change the constitution. Why did they amend the electoral act? If amending an Act was what they needed to do, why didn’t they do this in the first place. This is what clearly shows the ill-intention of the opposition. It is illegal.

  39. Kudalila a police basi ma teargas mwapatsa tiyeni nazo tionana ku msewu uwu siufumu a pitala chokani mukutayisa nthawi ya a Malawi chitukuko sakakamilo kukonda ndalama basi .

  40. Ndiye ufitiwo osadzalila ndi mademo tikayambanso dziko ndi lathu ili zopondelezedwa ayi . komanso ma judges analakwitsa kumuchitila favour mdala uyu Kuti akhalepobe apa mpaka tivote Ali ndi matama mpanda manoyu . Akanagwilizila ena mpaka tivote so si manga term yawo ija inapanga kale expire akuoipela patali awa. Komanso ku parliament ko the MPs who rejected the 50+1 bill was the DPP Kuti isadutse now it’s u DPP president Koma aka DPP ka ambuyeeeeeeeeh.😂😂😂😂😂

  41. The bills are in conflict with the CONSTITUTION. This is very simple to understand. The opposition failed to change the constitution – they did not get two-thirds majority.

      1. Did Parliament manage to change the constitution? What did they do after they failed? Was ‘majority’ in the constitution applied as 50+1 since 1994? What did the Supreme Court rule on this previsously? Did Chilima and Chakwea ask the constitutional court to interpret the constitution or annul the May 2019 presidential poll

    2. Why did they attempt to change the constitution if it was not important and they thought that by changing the act they would save face. Our parliament under Gotani is useless.

  42. APM has done well. The bills need to be sent back to parliament. The opposition needs to know that we do not want our laws to be changed just like that – the opposition FAILED to change the constitution and then decided to used underhand methods to change the electoral ACT.

    2. 50+1 was already there in the laws was just not used and needed to interpret by the mps ✅ the judges did not guided the mps to the new law 50+1

      1. That is ONE of the most stupid argument that has come from biased ConCourt judges and is now parroted by ignorant people on the opposition side. The Supreme Court already ruled on the meaning of ‘majority’ in our constitution and since 1994, we have NEVER used 50+1. So, that argument is SHALLOW and STUPID at the smae time.

      2. If it was there why did MP bring a bill in parliament and remember Tembenu also brought the bill but it was rejected because 50+1 included members of parliament.

  43. The president has the prerogative to assent to bills. He can assent or NOT assent. There is a constitutional provision to deal with that. No need for alarm. The bill will be sent back to parliament to be debated AGAIN. Because the bills were deliberated in a rush is good the president sneds them back to parliament.

  44. Bwanawa akuladi thumbali likufunika anyamata salitha kunyamula bwanji akutelo ife Ndalama tili nazo zopagisila chisakho sono apa tisachedwesani APA

  48. Where will they take on their opponent without elections? First append to the bills and then face each other.
    Am independent observer mission.

    1. We are sick and tired of the opposition using underhand methods to try and wrestle power. The opposition has bribed judges. Why did the judges slogt in 50+1 when petitioners did not ask the court to do so?

  52. Mutharika should be very careful regarding his actions, otherwise he won’t be able to go back home to the US or access his bank accounts there. Donald Trump is not messing around with errant African politicians. APM should ask the Zimbabweans. Just last week Trump added two more people to the list of sanctioned Zimbabwean politicians. The language he used was “…undermining democratic processes or institutions…”, exactly the kind of thing APM is doing in Malawi. Since APM loves the USA more than he loves Malawi, he should really think twice…

  53. There is a higher court that is above the Laws of men. This court expresses its judgements through the unfolding of events which are inevitable. The people of the Land have rejected this leadership and for very good reasons. Their petitions have been heard and no amount of legal expertise is going to reverse what must happen. Malawi shall no longer be ruled by petty and undeserving men with self-seeking agendas. We have suffered enough.

    2. Section 196 of Malawi constitution defines The Restrictions of An Amendment of the Constitution. The restrictions are as follows:

      Option1: The national assembly can amend a constitution by calling for a Referendum. If the majority of the voters are in favour of the amendment, the National assembly can proceed to amend the constitution with a simple majority vote of all Members of Parliament legible to vote in the National Assembly.

      Option 2: If referendum is not conducted, the National assembly has the mandate to amend the constitution on its own BUT the vote in favour of the amendment must be 2/3 (two thirds) of all the Members of Parliament legible to vote.

      The amendment done by parliament last month adopted option 2. My question is: Was the amendment passed by two thirds Majority? If the answer is NO, then that process is a none starter .

      Remember inserting a word or a clause in an existing legislation is an amendment in legal terms. One word which can be inserted will change the purpose of the legislation. This is why our National Assembly executed section 196 as a safeguard that the constitution cannot be circumvented.
      If we allow legislation to be passed by two thirds at initial stage, and the very same legislation amended by a vote of less than two thirds at a later stage, that will set a bad precedent . I suggest votes of only party which are far from two third but maybe just over half, that party will take the opportunity and amend previous legislations in the way that suits that particular party. The bar for legislation must not be watered down at amendment stage. This is Politics. Remember The word Politics in Vernacular.

      1. You missed the point. What was amended was the electoral Act so that it is in conformity with the constitution which already provides for the 50% + 1. You did not have to write all this bullshit above.

  54. Pitala nd Jane ansah where do u want to take Malawi to??we r tired of ur poor judgments on national importance issues.pliz sign those bills for the sake of this country not your own interest

  56. APM that is the way to go..these bills were rushed up and are in many ways in conflict with our statutes. Gotani is the most useless speaker parliament has ever had and she should be impeached for presiding over shinigan politics. If the said learned judge claimed the 50+1 was already in our constitution why did they ask parliament to make the necessary amendments.

  59. Kodi ife ndiye timve ziti?nfiti ikuti sisaina ma bill ens akuti kulibe ma elekishoni ndiyenso mfiti zikuti sizikuops ngwilizano wa mcp ndi utm pamaelekishoni omwewa tiuzeni zenizeni inu mfiti Malawi watopa samalani ndithu 🔥🔥🔥🇲🇼🔥🔥🔥

    1. Ine munthu wakumudzi ndikutha kuona kuti appeal imene ija palibe chomwe angaphure, ndiye what more professor? Ndiye mumati anapangadi za law ameneyi?

    1. The president is doing his job. He can assent to a bill or NOT ASSENT to a bill. What do you not understannd.

      1. Which job are you talking about? Keeping himself in power and protecting Jane Ansah’s job? In case you are not aware, Tippex president has been rejected by a majority of Malawians. That case he filed has no merit, and is a waste of time, and will be thrown out just like every other case or motion he has filed.

  62. Then why alliance with UDF either his a confused man or this author is a complete idiot misleading people with unverified information!!

    1. UDF and DPP are one has been in alliance from the time bakili muluzi was finishing his second term this is just a reunion after UDF yayuzidwa kokwana ndi DPP to the extent mpaka atupele Gada u MP amamuyuza kumamupitisa kunja Ayo I minister pamene ku UDF akumufuna Kuti alambilane zomanga UDF mapeto Ake mpaka UDF kutha Ngati ma katani ntchito Za pitala koma mwanayu UDF ubongo ngwachibwana makanda akudyetseledwa ku spoon.

  66. This grand pa has a huge mental problem it’s time we send him to retirement home. Malawi is bigger than your interests and it’s foolishness to hold the whole country to ransom because of your selfish motives. Malawians don’t want your leadership it’s time you leave the stage!!

  67. Nde ngati abwana abweza ma bill nde dzikhala bwanji pamenepa I see chiyambi chankhondo ichi🏃‍♂️🏃‍♂️🏃‍♂️

  70. Wayiwopa game NTCHONA, ‘patseni madzi nsakomoke ine’ kikikikiiiiiiii. Waiting for supreme courts ruling? Do you expect anything different? Shld the court rule otherwise (which will never happen), then things will revert back whether or not the thing has been signed. Sign agogo, osakakamira pa udindo. Nyekhwe bwa?

    1. It’s a war. The opposition used the courts and APM is using his powers as president. It’s called checks and balances.

  71. And he a law proffessor who thinks like chicken.If you read nyasatimes, i may you die a painful death soon like your brother..ur now drunk with power like jacob Zuma .your humiliation is coming with speed like Abishir or like mugabe.
    We are prepared to shed blood for our only country Malawi.

    DPP the curse on malawians

  72. The path taken may have negative repercussions. The head of state has to evaluate or test the times. These are tense times for Malawi and as president he needs to trade with great caution and restraint. Half of the population may be disgruntled and that is a dangerous state of affairs.

  73. Sunday: Kachilima said: musadandaule Peter asayina mabiluwa.

    Monday: Nyasatimes said: APM rejects electoral bills.

    This is where men are separated from noisy boys odaya ndevu. APM simaseweratuu!

    VP wamuyaya Chilima Wawona nyekhweee Kikiki

  74. NO, No, No, No If Mr Mutharika has indeed refused to assent the bills, its not because of the Appeal Case at Supreme Court, but the fact is, the bills are in conflict with the constitution, the law is clear on this. why beating about the bush???????

  75. I hope to God this article is but a lie. If it is true, well, I am happy. Very happy because I think we really never needed elections anyway. We need a revolution to speed up the period. Now APM can pack earlier. May is too far. We are tired.

  77. Mfwiti yayimuna yakana kusayinira mabilu. Sitikudabwa, he’s afraid to face the fresh election for his tricks are put bare by Suleman and company. Komabe nthawi yatha. Mwatambatamba basi, yang’anani kummawa, the dawn is here and you’ll not stop it

  78. I thought you said you are ready to face UTM -MCP.
    Sign the recommendations, sack Ansah and MEC then stand for the real fight not the tippex one.

    I dont think this guy has ever won any election in Malawi.

    1. NO. It’s a constitutional process. he constitution is very clear about the president’s prerogative to sign bills (or not) and guides on what happens if they are not assented to. They will be sent back to parliament for another debate. Bearing in mind the context in which these bills were passed, it proper that they afre sent back. The opposition failed to get two-thirds majority (failed to change the constitution). Instead, the opposition circumvented the process by amending the electoral ACT. This was WRONG.

  81. Agogo mukuopa chani sign the bills and stop acting like a child or else you will soon regret it. Its better to leave office in good way than acromoniously you are too old for that.

    Borrow a leaf from Kamuzu who accepted defeat even before the votes were fully counted.
    Tikudziwa kuti inu makani onsewa its because mukulimbana ndi alamu anu but you can not hang on to power against the majority of the people.
    Tinachotsa atsamunda, tinachotsa Kamuzu nde matchona ngati inu mungativute….

    1. There are ‘no signs of times’ but greedy and evil minded people who bribed judges and having failed to change the constitution went ahead to illegally amend the electoral Act.

  85. Eishhhhhhh a Malawi mukuzimva nokhatu………tikamanena kuti we need people who put Malawi first and actually have the welfare of people at heart therefore mukamavota muzivota moganiza timafuna kupewa zinthu ngati izi……!

  86. This means that the President is so confident that the Supreme Court will overturn the Conc Court ruling

  88. The elections will be there but if no candidate fails to reach 50+1 that’s where the stalemate lies

  90. Mutharika is Right. You don’t dig the grace before the person is dead or has been transferred to another hospital for second opinion. What will happen if he signs later finds himself winning the case.
    Which school of law did some of yo go that you can’t think. Always foot soldiers are a problem. Chakwera and Chilima are all foot soldiers.

  92. As long as has acted within the laws which he swore to obey, no problem. Separation of powers is working perfectly

    1. MDF should keep away. This is a constitutional and political process. The president has the right to assent or not to assent to bills.

  95. ABwanawa ngodelera kwabasi…………….he is even worse than his brother…….’MUNTHU WAMKULU AKAMAKANIKA KUCHOKAPO PAMPANDO, DZIWANI KUTI WAYIPITSIRAPO’!!!!

  96. Very useless person and worst president on earth. No wonder Malawi has lagged behind shamelessly it is shame on Muthalika a professor of Doom. Muthalika will be toppled wait a moment. Military can not guard a person who is not elected, if 150 days elapse. Nkhondo amawo ziliko chaka chino.

  98. Fear. The old man is very afraid. Buying time. Cheating professor. It is over Peter. Atupele will soon join UTM. Surrender. Atupele’s memory is clear the torture his father and himself went through in the hands of DPP.

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