Op-Ed: Mutharika vindicated on judgement backlash, Malawi constitutional crisis
When the Constitutional Court judges delivered their verdict on the Presidential election case, President Peter Mutharika accepted the judgment with dignity and statesmanship.
But he also observed that the judgment had errors that need to be corrected – for the sake of national good.
In his national address, Mutharika said: “We consider the judgement as a serious subversion of justice, an attack on our democratic systems and an attempt to undermine the will of the people.
“As it stands, the judgment, if not cured, represents a flawed precedence for all the elections in all future elections in the country. In fact, this judgment inaugurates the death of Malawi’s democracy.”
As usual, the critics were quick to slam his observation, to the extent that even the five judges threw out his application for stay of the judgment pending appeal.
Today, Mutharika is being vindicated. Malawi is in what some describe as a Constitutional Crisis following the defeat of the Constitutional Amendment Bill in Parliament on Thursday. Parliament has refused to put into law a directive of the High Court to change Malawi’s constitution from a first-past-the-post majority to 50+1 majority.
This is exactly what Mutharika feared. Most people now agree that Mutharika is a patient democrat, well-tempered and wise leader who is focused on protecting Malawi’s laws and democratic principles.
By issuing orders to Parliament, the court breached the provision of the independence of the Legislature.
It is there in the laws that the Executive, the Judiciary and the Legislature are independent from each other. This is what our democracy provides.
The judges orders were an attack on the democratic system of independence of these arms. It kills this democracy. This is less surprising because there is now well understood belief that the High Court judges were both compromised and intimidated by Opposition violence.
It is also not surprising that Parliament defeated the Bill because the court threatened its immunity. It is that judicial overreach that has driven us to this conflict today.
The court also trampled upon the Will of the People as Mutharika rightly observed. The judges nullified the Presidential election not because the result was flawed in any way. They said they did so because of irregularities, none of which affected the final figures of the election.
The winner of the election did not win because of the said irregularities. The losers of the election did not lose because of the said irregularities. The winner won and the losers lost because voters had decided that way.
That is, the Will of the People was expressed fully, as provided in the law. What it means is that the judgment trampled upon the Will of the People by rejecting a legitimate result.
Well, it might be argued that the court do not represent people. Perhaps that is why those that represent people, Parliament, have acted according to the Will of the People through defeating the bill.
The position taken by Parliament is an outright backlash of the High Court judgement. Even the international community is unhappy with what is now understood by a compromised judgement which was meant to benefit individual politicians.
- The views and opinions expressed in this article are those of the authors
Mlandu m’mene ukayendera ku khoti zikusiyana kwambiri ndi chilamula chake. Omwe adamvera nkhaniyi pa wailesi niodabwa ndi chigamulo cha pa 3/02/2020. Chitsankho cha Pulezidenti, oimililira a ku nyumba ya malamulo ndi makhansala adavoteredwa tsiku limodzi potsatira ndondomeko ya MEC-musiya enawa bwanji? Palibe chilungamo apa, mwakondera.
Look at the face of APM. Does he really represent the needs of the new generation.The guys is too to rule the young and vibrant generation. He is out of reality. He is misplaced. He is an anachronism just like most of his follers like Dausi, Chaponda, Goodall Gondwe and Ntaba.
Wise leader or absent and sleepy leader? Please give us a break
Zokakamira pa mpando izi zidagwetsa Kamuzu. Makani si abwino. People are in a revolution mood. We are simply tired DPP because of theftand tribalism. Olo mutani the change is irreversible. You cannot fight the courts. That APM is a tippex president is a fact. In a dpp You are dealing with a new generation that is being denied opportunities.
DPP trying hard to remain relevant these strategies worked the other day but not now its only an absolute fool who can side with DPP and Peter Muthalika. I repeat only a fool
The writer is a brain sick person kkkkkk and stupid stodge. When I will be a president please do not deceive me. You are a serpent, a son of satan.
The author of this article is mentally ill and his illness is beyond redemption. No remedy to cure his disorder.
Nyasa Times we respect you. We would like to ask the editor to accept publication of articles that are not misleading to the public. In any case the editor would not have accepted publication of this article
Should we assume the editor is DPP. Be professional for once.
Dont twist facts just to suit your propagandistic approach to the issue. Where you say “Parliament has refused to put into law the court directive to change Malawi’s law from the first-past the post to a 50%+1” is totally wrong. It is people like you who are deliberately twisting things. The court did not direct parliament to change the law and include the 50%+1 issue. The 50%+1 is ALREADY in the constitution. What the court said is that parliament needs to do is to make necessary legal provisions to direct as to what happens when no one gets the 50%+1; and the second one was to make amends to the constitution so that the term of office for parliamentarians should be aligned to that of the president – i.e. changing the date of elections from 2024 to 2025.
As much as I like The Nyasa Times, I am am also appalled by some of the articles it allows to be published in its pages. In fact it tolerates too much crap from the brainless. Just look at this article by the guy called “Harry Itimu”, crap! crap! crap!…. all the way just crap! Attacking the court for the right ruling……., The guy is a shit head!
This guy needs to go. No questions asked. If he tries to hang on the he will end up behind bars.
Separation of power and democracy. How did the hiFive judges overlook that the mps vote laws and can’t just be ordered to make laws without votes?
The Author of the Article is still in a coma that’s why is taking sides. Forgive him a bit. He will come to his senses soon . Kikikkikik
Which side in parliament represented the Will Of The People? Forget the Two Thirds lark. 109 MPs voted “yes” to changing the Electoral Law while 77 voted “No”. As far as I am concerned, the “Yes” were in majority and, therefore, represented the Will Of The People.
@Mtete
In fact using his own bizarre and unintelligible definition of majority. If 2/3 majority applies in parliament voting why not (ONLY) 50+1 for national elections. Selective justice???
How can you agree that results were announced when other results were not verified and approved and yet you claim that the winner did not win because of the irregularities? The case just showed us what happened after the announced 75% of the votes and yet one argues that this did not help the winner to win. Then Why did MEC announce results before other results were approved? The case proved everything even this argument was already defeated with evidence
this is a very good composition from a fool, idiot and lunatic individual worth material for Zomba Mental hospital
The issue of President Mutarika being the First Respondent was improper and that should have led to the case being thrown out of the court. The Complainent failed to show how The first Respondent acted to defeat the course of justice through medlling with the vote numeration process.
ConCourt judges have been shamed. They made a biased judgement and did not realise that it was erratic until Parliament showed them – MPs have the right to vote for bills the way they want.
True, the way they want and not what people want.
The judiciary needs to take itself out of this quagmire. It is now looking stupid that our judges do not understand the Separation of Powers. Parliament makes laws and MPs have the right to reject laws.
The incompetent ConCourt judges did nto realise they cannot command parliament to pass laws. They have been exposed as incompetent. Courts that are competent do not make a judgement whose implementations is based on political bias.
People need to be schooled that courts CANNOT order parliament to make laws. MPs have the right to reject laws. The judges were WRONG and that is why their judgement cannot work.
Kagwere uko. Mbava zatheka basi.
KOma timufufuze ameneyu,akumalemba nkhani zopusazi
The Author is a very stupid and confusionist. You must have been bought by whoever. To hell with you. You are such categories of people who ignite the country to be on fire.
Shame n this idiot doesn’t know the meaning of vindication….he is useless n shirt sighted..
What do you mean APM has accepted the concourt ruling with dignity and statesmanship; if someone is in agreement with the judgement, he cannot call it injustice; or if he loves someone, he cannot hit his feet with a hammer. But he will embrace whatever he accepts to be good.
There is a career in farming if writing analytical and sensible articles is not one’s expertise. Save us from this rubbish please!
clearly showing that u see sense in it.
It really doesn’t matter to whom the so called Justice applies. Experience has proven that Malawians are surely being exploited by these politicians who today may look innocent to gain numbers, but will do the same. It’s true we need leadership, but as it stands, I surely think the intensification of the social contract thinking is due. Where the local citizen should stipulate what they need and not what the unabid by manifestos say.
It doesn’t need a PhD for someone to conclude that irregularities during elections will mother fake results.
Malawians, open your eyes and love your country and not the cakes being given to compromise your thinking. This seedling of regionalism you are watering will damage the strong house of peace our founding fathers sweated hard to build. Wake up
Hahahahahahaha ndaseka mpaka misozi
One party system failed us, centralised government system has also failed us. It best for us try federal system now.
The 50+1 amendment is a disaster which some people want to use for partisan gain.
Whoever wrote this article is one that doesn’t have legal knowledge and moral understanding of the will of people. DPP MPs when voting against this bill were not acting in favour of the will of people. They acted in favour of their party. Did they hold a referendum to ask people if the 50+1 constitutional provision is ok with them? No! they didn’t. So how did they know the mind of the people that vote that they are against 50+1?
This is one of the poorly-written articles that I have read on Nyasatimes in recent times. The author fails to articulate well all issues surrounding the decision by DPP legislators to vote “yes” to the enactment of procedures to support verdict (Use of 50+1) given by the esteemed constitutional court judges. DPP MPs are afraid of i because they have been beneficiaries of the old interpretation of the word “majority’. You just need to google the words “vote by majority” for you to appreciate the verdict given by the concourt judges. WHY SHOULD THE DPP of all political parties in Malawi shun the vote? The third republic of Malawi will not be halted by nepotistic, cabal politics in Malawi!
Hahahaha, chifukwa yasusana ndi maganizo ako.
u werent expecting this that what ur comment means
In Malawi two things are true now. You are either a cadet or not, and this is defining how people walk, speak and write.
Whosoever the writer is, it’s apparent that he is a DPp member and your shit doesn’t represent what we fell and know is real. Go to hell at once.
It does not make sense at all what Muthalika said we all knw the elections were stolen why did Thom Mpinganjira try to bribes the judges
So, should we say irregularities and incompetence of MEC officials is ok? Whether there’s constitution crisis or not, one thing Malawi has to celebrate about the Concourt judgement is that the opportunity has come to try to fix the future! If it fails, no problem because it’ll keep ringing the bell in everyone’s ear until it gets corrected. I’m interested in 50+1 here, and in fact our constitution does have it stipulated already-a matter of time. ACTUALLY, I LOVE CRISIS BECAUSE IT GIVES THE OPPORTUNITY TO REFLECT ON WHAT HAS BEEN GOING, WHAT OUR WORRIES ARE AND WHAT ACTION TO TAKE IN ORDER TO CREATE A MALAWI WITH POLITICAL IDEALS THAT GIVE A FAIR GO FOR ALL ITS CITIZENS! Mr President stop being selfish, you know what a fair constitution for Malawi would look like!! Malawians are only seeking a democracy that would give them a president that would represent the majority not a minority favoured numbers!!
To describe Muthalika as a democratic leader and well tempered is display of the writer’s lack of critical analysis of issues and sleepiness of the highest order. If the DPP camp has given bans to the writer of this rubbish article, it could have been better to share the bans with wife and kids and keep quite rather than writing rubbish.
Again if Peter Muthalika was a professor at law worth his salt and a democratic leader, he should have been the first to have a deeper understanding of the constitutional spirit behind the 50 + 1 majority and advocate for its operationalisation as opposed to the first past majority. However, and honestly, Peter is merely advancing his Lomwestic, nepostic undemocratic and selfish interest. Peter is the number one beneficiary of the first past the post through the Lomwelization policy introduced by his eccentric brother, late brother Bingu Muthalika. So he Peter Muthalika all he wants is to continue ruling Malawi by being chosen by the minority Lomwe tribesmen and you call him a democratic leader? UMBULI NDI MATENDADI.
Let Peter convince not only Lomwes but also Chewas, Tumbukas and win 50 + 1 if he is indeed a democratic leader.
How can a democratic leader be the first to ignore what the Constitution says and be advising his DPP MPs to reject the very same provisions of the Constitution that he is supposed to uphold. Infact Peter must be impeached?
Chakwera, SKC and all those who are not afraid of the 50 + 1 are the ones who are democratic leaders.
Muthalika is a dictater what is he a fraid of if he won the elections why is a fraid of 50+1
I think all candidates are afraid of 50+1. Our parties are so regional….it would take malawians to come together and make a decision on one person…otherwise I don’t see anyone winning this.
WA USILU AUTHOR WE. ACTUALLY, YOU HAVE BEEN PAID TO WRITE YOUR CRAP.
conspiracy to Contempt of Court.
Your views are not only mistakenly put, but also stupidily thought
How much were you paid to write this article Mr Itimu?
Which statesmanship are you talking about?
Am not cleared here, you mean if parliament breaks the law cannot be sued and the courts cannot give judgement, my thinking is that the law is already there and the courts only gave direction to parliament to implement it, sorry i dont know the law but this is a straight forward issue, if those three arms of Government dont give direction to each pther then we are lost,
Trush
Pathetic, don’t you know that 50+1 is a law. They had a chance to stop it but they hv agreed with it.
🤣🤣🤣🤣 this is funny at all levels,, so you mean mutharika instructed his MPs to shut down a bill to prove a point,,If anything I would say that is childish,, a whole president holding the nation at ransom to prove a point….,
Kodi mukamalemba izizi dziko lathuli mumalifunila zabwino koma? Everyone is entitled to their own opinion yes but do not distort the facts to suit your own ego. The elections broke the laws of Malawi because the errors/irregularities were systematic and grave such that they cannot be wished away. What this means is that the results of the elections were doctored using tippex simple plain English. Secondly, the judgement corrected an anomaly in our laws concerning the interpretation and implementation of majority which has always been contested by all Constitutional Review conferences in Malawi and unfortunately Parliament has always been blocking it by shooting it down. On the independence of the arms of government it is a fact that no-one is above the law. Not the executive, not the legislature and certainly not the judiciary. Therefore, the judgement is law and the legislature has broken the law and if they don’t follow the judgement that the laws be amended before the end of 21 days they will have broken the law. We will see if they are above the law. if the people who are tasked with making the laws do not want to follow the rule of law who will then. Certainly the laws will be as good as abolished. These people are in a situation called moral hazard because they are putting self-interest above national interest. They are not representing the wishes of the majority of Malawians just as first-past-the-post system is not representative democracy. Please let’s put Malawi first and stop being selfish. Otherwise, we are creating a chaotic situation that will be difficult to come out of. You cannot tell the same people who are benefiting from a flawed system to correct it. That will be difficult. Otherwise, issuing a court order and at the same time giving the same people who are supposed to follow the order the right to do whatever they want is insanity of the highest order. Just like someone is convicted of wrong-doing they have to go to jail if the matter is grave. The same thing here. If the constitution is flawed. There is no other way of doing it. Let’s amend the law and pass the law and all go home happy knowing for sure that we have done it for all of us under the blanket of mother Malawi we all belong to as one family. I rest my case.
This is the analysis that I cud spend my time on reading n not that crap from the useless n dick length reasoning person
Despite well written English, the article is a product of destructive PR which is killing the possibility of giving good advice to the old man. The judgment by the ConCourt was based on the evidence made available to it by those who availed themselves. By the way, don’t you think the absence of commissioners during court proceedings proved self guilt? Mukauzane ku mpandako kuti muphunzire kulemekeza mabwalo amilandu agalu inu. Chilungamo sichokhacho chokukomerani ayi, nthawi ina chizikomerako ena
Stupid man. You dont wish this country well, all you need is regionalism and tribalism
You are confused. Probably you regard your APM your Idol. The country majority doesn’t want him. He may be good to you as you say. How ever he has surrounded himself with stupid crazy people. I for one wouldn’t like to hear about DPP in my life again. The Mchachas and all these savages from Phalombe… Malawi would be much better without these basturds.
What is a directive？Why Should parliament refuse to undertake a firective？
I think you should go back to the books of law and study further. As much as we agree on the independence of the bodies of arms, they exist to provide checks and balances of power. Unless u do not stay in this country but it is clear that the executive and legislature have ammassed so much power to the extent that the will of the pple is not being served. The judgeme t was well thought of. And yes it may have been based on the feeling of Malawians but isnt that what democracy should do? I feel ur arguements grossly misrepresented of the will of Malawians. Someone had to speak for the population and the courts did that. What parliament did was to put their selfish intentions ahead of their representatives .
For a moment I was drunk with this beautiful piece of writing. For a moment i forgot my Single Malt whisky. Congratulations Mr. Harry Itimu. You are on your way to making lots of money and a great life.
indeed the high court Judges were intimidated by MCP and UTM violence , anthu opanda manyazi otchedwa oweluza aku Malawi (high court judges ) cowards
That’s why we have been saying kuti most supporters of DPP are ignorant of what is happening. Parliament did not shoot down 50 +1 law, no. Parliament shot down a bill that could have allowed a run off in case not candidate gets 50+1 majority. 50+1 is already a law, if a candidate will be able to get that majority then he will be the president but this bill was meant to address a scenario where no one gets that majority. So as it is Malawi will still have an election to be determined by 50+1 but if no one gets that majority we will have a crisis bcoz of foolishness of DPP mps who don’t want a run off when that happens. I am not a supporter of any of the interested parties in these issues but I feel Malawi should make laws that should prevent run offs bcoz its expensive for us. What we should do as a country is to enact a law that in case no party has majority, parties should form coalitions and the deal that meets a 50+1 representation then that becomes the governing coalition. This is used in countries like Germany and Israel. Once one party is not fulfilling its promises as per agreement of the deal, the other can leave and that automatically calls for a new election bcoz the 50+1 no longer holds in this case. For Malawi case, the party which had more votes can have the presidency and the one that strikes the deal with it to meet the 50+1 takes the vice presidency. In that way we can save money as a country.
The name of the writer already suggests who he supports. A biased analysis of the situation.
If it is true that judge Madise is a relation of Mary Chilima, and therefore a relation of Chilima, then the ConCourt judgement on election case is compromised. The stay order judgement is also compromised. The judge should have recused himself. Why he remained in the group is anybody’s guess.
Kodi nkalambayi ikuti chani yokuta ngati imeneyi , osakangofela ku thyolo ko bwanji , kutaisa ntawi ya wantu , stupid mutharika galu wachabe chabe kukonda ma mwando koma ili nkalamba yopanda mano nkamwa ngati zeni zeni , ati akufunabe mpando
Interesting observations in this article. The 5 ConCourt were compromised, were intimidated by Chewas and Tumbukas violence sponsored by ex-reverend Nyolonyo and Arafat Hamdani bank-rolled by Simbi Phiri. The hands of the opposition to shift the nonsense were paid up mercenaries Timothy Ntumbo and his colleague in crime Trapwisi. All this is knowledge on the public domain. Today Malawi stands at a constitutional cross-road because of these greedy idiots.
I think Ur still stupid n insane. Ofunika kumachindabe akazi ako aja ukupusa kwambiri.
Iwe unamwa madzi ometera ndevub- chitsiru.
Walemba izi ndi zoba. The fact is that we dont want him as head of state and his government. Zinthu sizikuyenda bwino. We want to change things for the betterment of all Malawians. Dont tell us za constitution crisis……if the constitution isn’t helping us….you can’t be talking of a crisis. We will change it by whatever alternative means so that in future no mafia or selfish group or tribe decides to rule the country forever without regard for others.
Well written article,a writer who has eyes to see and expresses it very well in writing.It’s a talent lacking even in those believed yo be well learned writers.Most writers bend stories and brings a lot of confusion among people to achieve their objective.Justice cannot be suppressed because it will mushroom somewhere.Justice is like water just make a drainage to let it flow or else if you put a wall to stop it flowing it will break the wall and flows.That’s the thumb rule.
There is no doubt that the author of this article is clueless and has not consulted as to the relevance of the bill that has failed to pass. Further more any Malawian who thinks 50+1 is a bad thing is a dinosaur, destined for extinction just like those old one party die-hards who thought democracy was evil back in 1995.
Nyasa, don’t publish articles by dunderhead cadets who think they are more educated than the learned judges. These cadets think with their balls.
So to your understanding judges are learned people. Visit a library one day and read different books and you will realise that everyone is learned in his or her field
Are you disputing or not? You seem not to understand what you are saying. Rubbish!
Koma if that’s how we reason n how do we expect to advise the President with this shallow reasoning.. I now understand why DPP is falling ..it’s all because of this archaic reasoning
Powerful analytical view
Cadet views
What madness of a Cadet is this? Untill when shall you continue shielding thieves. Shame on you !!!
How much have you received for this article? By the way it is Malawians who are vindicated here.Before the petitioners went to court, before Malawians went to 5002 polling stations around the country, Malawians complained about the way MEC handled the whole process of registering voters.Malawians in some areas complained that they were not given enough time to register to vote.There were alot of stories of equipments of MEC which some were found in Mozambique.Alot had happened that time.Coming to election day on 21st May,2019.Alot happen on this day too,Most Malawians complained about Kubera mavotes mwaukadaulo kwachitika and the only people who could do that was the MEC guys themselves.Commissoners have revealed all what was happening behind the scenes by the presiding officers and MEC commissioners. Cheating happened that DDP leader was favoured by the MEC itself, what happened was exactly what people feared, including on 147 madando, no one solved anything.For the petitioners going to court was the last solution.They guys were vindicated and those Malawians who had complained about poor election process.The constitution court judgement proved the MEC wrong 120% on use of tippex which was not provided by the MEC, even the entire team of commissioners did know how tippex flown to the polling stations.To my surprise the the MEC commissioners like it though they don’t know where and Who brought it.The irregularities were grave, systematic and spread in a vast area.Peter has not been vindicated and will not be vindicated.Why ? Coz MEC commissioners wanted Munthalika to win at all costs,it happened.And the commissioners knows where tippex came from and why was it present even though it was not planned for. Still helped someone to win.And the winner never condemned all these irregularities becoz all these irregularities were for his benefit. These irregularities cost some u vice president and the party lost all efforts it did to win, money included.When it comes to what happened in parliament that ruling MPs did not support the bill, it’s what Munthalika feared.Munthalika is afraid of losing an election.What they were supposed to do if they still have supporters is to amend the bill, and go to their supporters ask them to vote for them again on 50+1%, and win I can tell you that one atleast I can say vindicated,but now it shows that the only way DDP has to win an election is this old system.Remember that the time you’re wasting, you will need it.Majority of Malawians wants 50+1%.And the citizens will have what they want. That’s is round one.And the opposition won 109 votes against the ruling 72 votes only they did not get the required 2/3 majority.This is just frustration and kicks of dying horse ,from people who are afraid of losing.You will lose still.What the opposition should do is to vote the need of 2/3 majority to amend the bills insupport of the 50+1% out and they should use simple majority.After that they should vote again without the needed 2/3 majority.All laws were made by members of parliament.So it is up to these MPs to do that. They are still within 21 days.Not all doors that are closed.Malawians demand that.Our country should prosper too.When you write things think first next time.More than 50 yrs of poverty, this is too much and becoz of the old system of choosing a president.
The EVIL plan has been exposed. The ConCourt judges, Chilima, Chakwera, HRDC have been exposed.
Justice Tembo, Madise, Kamanga, POtani and Kapindu are part of the plan to help thugs come to power. They pocketed money to illegally change the constitution to help CHilima. Chitani manyazi.
It is now clear that we have an entire judiciary and law experts who are cowards. None of them has come out to highlight how the judges erred. Of course, there is a good reason. Just look at which region dominates our courts – where do most of our judges come from?
The judges have caused an unforgivable offence to our country. They connived with Chilima, Chakwera, Simbi to destabalise our country.
Even a Year 1 Law student should know that Courts cannot command parliament to enact laws. The incompetent judges need to go back to Chanco. Didn’t the judges know that parliament pass or reject laws?
SHAME on the judges – Tembo, Madise, Kamanga, Kapindu and Potani. You are trying to destroy Malawi.
The COnCourt judgement has shown that our judiciary is corrupt, biased and incompetent. It has taken parliament to expose the incompetence, bias and how corrupt our judges are.
The lesson to our judiciary and judges is that they cannot change laws using underhand methods. They cannot force parliament to enact laws.
The lesson to our judiciary and judges change laws using underhand methods. They cannot force parliament to enact laws.
Any one who understands the Separation of Powers between the arms of government saw that the ConCourt judges were WRONG because parliament does not endorse laws. It debates and MPs have the right to pass of reject bills. By giving a directive to Parliament, the judges put themselves in an awkward situation.
Next time you write an opinion, use your real names not fakes. That being said, I want you to address the fact Malawi Parliament has never been independent of the Executive Branch. Now , It has never been independent, because it is the president’s prerogative to allow a Parliamentary gathering. Parliament has to liaise with the Executive for meetings. Now, Peter Mutharika, the president and head of the Executive has no problem with that, the independence of Parliament becomes a problem only when things are about to go against his way. That is what we call being disingenuous.
Koma koma komaaaaaaaa mumatitu malamulo mu Democrassy koma mumakaa
This is total nosense, those who are trying to cause the constitutional crisis are the beneficiaries of the current system which is crisis in itself and the proof are protests that you’ve been seeing continuously as of late because the government doesn’t have the will of the majority. An honest person could not call this a crisis as the bill was supported by the majority of the house only to be rejected by those who diverted the will of the people and still want to hold on to the loot. What does it say when all the parties including the independents voted “YES” only those holding a “cookies jar” voted “No”? We could call it a crisis if the members of several parties across the sphere of parliament voted “NO”, not just one party that is peddling self interest not that of a nation. Is dpp that naive and stupid to celebrate the shooting down of a bill because it didn’t get the majority vote yet they want to go into government themselves without the majority vote either? This is evil, crazy, stupid, and selfish, if we need majority vote to amend the bill then why don’t we need the same to win the elections? If we need only 38% of the votes to win elections then why do we need 66% to amend a simple bill? Malawians it’s time we fix this once and for all, 0.01% of the population should not control destiny of our nation because all they care is money and power.
Mukamatenga ndalama kwa muthalika kuti muwachite convince anthu ndi mbwerers zanuzi dziwani kuti mwalemba mmadzi.
Dear Mr Author, you are clearly dull and nearly as senile as Mutharika. Your fellow DPP cadets in court acted in contempt of court, but let me assure you, the DPP is finished and all you are doing in parliament is just showing that you are out of touch with the majority of Malawians. Once you get voted out of office in the next few months, you will never get back into power, NEVER.
I think that this is all wrong! The 50 plus 1 is law full stop. It is in the constitution and the constitution does not need to be changed. The constitution says that the President shall be elected in accordance with the provisions of the constitution in such a manner as may be prescribed by act of parliament, etc. It is this act that needs to be amended to prescribe how we arrive at 50 % plus one vote, not the constitution !!!
This is not destroying our democracy but improving it. We need a President who has the support of a majority of the electorate not one third!
Did we have an Election at all…? What the DPP Mps have Done is like closing a Hole in a Dam with a Finger …How long is the water gonna hold …It takes a Real Statesman to Realise that Majority want Change like in this Case …50+1
Just wasting my precious time reading this bullshit! Were you not there all the past years before this judgment? Were they not the same your stupid DPP MPs who refused? And this time is it not the same people? You would be the best reporter if you could say the MPs who have rejected the bill are not the same and or are from other party not DPP, you idiot! Gweyani wamisala ngati iwe sindinamuone, Kodi ma course amenewa amakulolani bwanji asanayambe kupita nanu Ku Mental Hospital? Tafatsani kaye musanaonetse umbuliwu nanu!
The ConCourt judges erred. Their judgement created a lee-way to a constitutional crisis. First, they overstepped on 50+1. The petitioners never asked them to determine on this issue. They, as a court cannot force parliament to enact laws because Parliament is sovereign (independent) and this is very clear if you look at the principle of ‘Separation of Powers.’ In the same way, the executive arm of government cannot command parliament. Secondly if tippex was the problem, then the entire tripartite polls should have been annulled. By not doing that, it presents a problem with the scheduling of the next elections. The problem is that the judges tried to serve the interests of Chilima et al and that is why they did not think carefully about their judgement.
Kunamiza anthu za ziii zopanda mchere Malawi is bigger than you wait for the supreme court.your 5 year mandate expired 2014 to 2019 now under concourt order for 150 days.Thereafter what happens if no election the court will decide otherwise to respect constitution where no one without mandate rules.
Only those who blindly follow DPP can believe your narrative.