No law for early elections in Malawi, Chakwera schooled: ‘If Mutharika resigns, Chilima takes over’

Malawi  Congress Party (MCP) president Lazarus Chakwera call that President Peter Mutharika should resign and advocating for an early election following the President’s implication in transactions regarding a Malawi Police Service (MPS) contract with Pioneer Investments of Zameer Karima is not viable according to the laws of the country, analysts have commented.

University of Malawi’s Chancellor College-based political analyst, Ernest Thindwa, observed in local press that even in the event of Mutharika resigining, there would not be call for early polls because  the Constitution is clear on the procedures as it has the provision which allows the Vice-President to take over State affairs in case the President resigns, dies or is certified incapacitated.

In the case of Mutharika resigning, vice-president Saulos Chilima would be the one to “take over”  until the next elections are held next year.

“I do not see the probability of having an early election, also considering that the political environment is difficult to demand for the resignation of the President.”

Thindwa said the only way a President can resign is “where the masses put pressure on [him] and flock to the streets without relenting.”

He added that the only way Mutharika can be removed from power is through impeachment which he believes is a process that can take place next year at the ballot.

University of Malawi’s political commentator Professor Wiseman Chijere Chirwa aso argued that the Constitution does not provide for an early election in the event that the President resigns.

He said, instead, the supreme law gives the Vice-President the mandate to run affairs of the country.

Chirwa said: “There is no constitutional provision for early elections in Malawi. In the event that the President resigns, the Vice-President takes over until new polls are conducted. Unless somebody has not read the Constitution.”

At the news conference,  Chakwera asked Mutharika to resign with immediate effect to pave the way for an early election which he believes will put in power a leader with the zeal and political will to combat corruption.

A leaked dossier from the Anti-Corruption Bureau (ACB) indicated that Mutharika was the beneficiary of alleged proceeds of crime amounting to K145 million which was deposited in a Democratic Progressive Party (DPP) account at Standard Bank which he is a sole signatory.

But State House has defended the President, claiming the money was a donation from the food rations supplier, Pioneer Investments.

And Mutharika has called the matter “fake news”, saying his hands were clean.

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