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.

President Mutharika: As it stands, the judgment, if not cured, represents a flawed precedence for all the elections
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

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Mvithe
Mvithe
8 months ago

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.

Revolution
8 months ago

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.

Thats Me
Thats Me
8 months ago

Wise leader or absent and sleepy leader? Please give us a break

Revolution
8 months ago

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.

Gome
Gome
8 months ago

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

charles
charles
8 months ago
Reply to  Gome

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.

Omex70
Omex70
8 months ago

The author of this article is mentally ill and his illness is beyond redemption. No remedy to cure his disorder.

Jane
Jane
8 months ago

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

charles
charles
8 months ago
Reply to  Jane

Should we assume the editor is DPP. Be professional for once.

ANALYST
ANALYST
8 months ago

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;… Read more »

GONANI
GONANI
8 months ago

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!

Limbe
Limbe
8 months ago

This guy needs to go. No questions asked. If he tries to hang on the he will end up behind bars.

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