Remove immunity for Malawi president to face crimininal proceedings — Chilima

1. The president should be accountable to parliament as head of government and in that regard you can prosecute a head of government. But head of state you cannot because the law is signed into law by the president as head of state it’s a law of the state and it is enforced by state law enforcement which is why the president as head of state is head of police and army. Police and army are not government institutions they are state institutions. In countries like uk the prime minister is head of government of the state while the queen is head of state and everything is signed in the title of the queen. She is the state. Which is why she is immune to the law of the uk she is the law. In Malawi the president is simultaneously head of government and head of state so you can prosecute him as head of government but as head of state you cannot and even if there was criminal proceeding against him as head of government, he has the power to pardon himself in his capacity as head of state.

2. Its wise but it’s not easy for we should built independent/private investigators and independent/ private prosecutors otherwise all jobs done will be useless. I’m sure corrupt elites will fight tooth and nail not to happen. In Malawi constitution there is alot of rope holes for evil people to do their businesses

3. The Spanish prime minister has recently been impeached and his ministers prosecuted due to massive corruption and embezzlement of government coffers. Why are Malawian so afraid to to the same?

   1. He was impeached, it does not mean he did not have immunity.

4. Mgeme Kalirani, which ACB are you talking about????? Who appoints the ACB Director????? So you want us to believe that it can prosecute the very same head which appointed him while both are in office. If the whole minister is given preferential treatment, so what about the president????? Ukawauze ana obadwa dzulo zimenezo. What Chilima is talking about is just to show how much he cares about Malawi not himself. APM cares more for his clonies and tribesman than Malawi.

5. I agree with Chilima. President should be proscuted if found with crime. Can be the one way of reducing corruption in our country. No one should be immune from proscution. CHILIMA WOYEEEEE!!!!

6. You can’t prosecute the Head of State Because he is the state. The state can’t prosecute the state. The president is the personification of the state of Malawi I am afraid that proposition is weak. The state can’t prosecute itself.

7. Koma this baby Chilima has a very bad ndulu eti? Why can’t he go to the ACB and report?

8. It makes sense to me

9. I we, Mgeme report to the very ACB that he is saying is not independent? What will that achieve

10. It is good that those people aspiring to be president of Malawi should be given space to talk so that voters should know how shallow their thinking is.
    The constitution of the Republic provides for the impeachment of the president should he/she does something wrong warranting the impeachment. Any sane person would see the deterrent to corruption in that provision. Should one feels that the grounds for impeachment do not cover good grounds, consider enriching the same. Otherwise considering repealing the section on immunity is very childish. Amalawi tiyeni tisiye kuombela m’manja anthu osuta chamba

    1. How do we impeach a president if we can’t prosecute him on some cases. The acts that may lead to the impeachment of a sitting president overlook such important aspect as corruption. The president should be able to be prosecuted, if found guilty, he shud then be impeached/relieved off his duties as president automatically without even consulting the parliament. Chilima is not being childish. He is showing patriotism and integrity that some people have been preaching without themselves practicing it.

11. last time we checked you were still vice president to this same corrupt leadership, no?

    1. We voted him as a vice president and we need him. He does not need to renounce his position and come out and say there is corruption in the government. I fact he is at a better position to say this as vice president than a mere person

    2. Sometimes speeches made should be examined before uttered because such speeches may make a fool of oneself once defeated

12. I very much agree with Dr Saulos Chilima’s suggestion and in addition to this I would even go further that a sitting president should Not ever have powers to appoint or fire judges, head of police nor head of Malawi army generals and heads of other public institutions such as reserve bank of Malawi, ACB, and definitely they should Not control TV and Radio stations. It is with these powers which leads to massive corruption and abuse of power in the highest Office with uncontrollable levels. Everyone thinks they can do anything without impunity as long as they in the ruling government. To make sure that there is justice for all, the judicial department should be independent and out of reach of anybody whether one is president or a minister, poor or rich. If Malawians do not go for these changes then you can as well forget about real developments that would bring real changes to your life styles for the better. If you want better life, use your vote very very wisely indeed. Voting time is the only power you have to make real changes and better lives. It’s all in our hands. Vote wisely and stop complaining if you don’t exercise your rights.

13. If we are to take the bull by it’s horns people, this is the way to go for Malawi and most of the African continent. Just like the need for immunity for presidents came from man ‘s wisdom likewise the need to deny this is coming from another thinking personality this day. While instituting such a law, the experts will have to come up with standing orders as to how to ensure governance in the unlikely occurency of such events. I am not an expert but you tell me what do you do when father is away from the home, mother takes over. Like wise when both are away the eldest child takes over. No Angel will come from heaven to change things for us we all have to roll our sleeves and do something extraordinary. We are praying to God while He is waiting on us.

14. I don’t know where Chilima is getting some these half backed ideas from; as, has been pointed out, we do have mechanisms in our constitution to get rid of a President involved in nefarious and criminal activities, while in office. Impeachment is one of those mechanisms. And anybody, including APM, can face criminal charges after leaving office.
    Chilima is losing credibility slowly; and soon his so-called Movement will fizzle out. It turns out ndiwosakhimanso – seems to be not mature politically.
    Apparently, three years haven’t done him any good. Was he just a showman grandstanding, and not learning the ropes for future use?

15. This is the first time to test the post.To go as far as this , means has seen his boss practicing corruption.So let him reveal all corruption acts so that these laws go and pass in parliament,

16. BRAVO CHILIMA!!!!! You are the leader we have been looking for since the departure of our first brilliant and stouthearted leaders who brought independence in i964 in our country.CHILIMA GO!!!!!!!! First and for most you must take care of your personal life taking into account that other leaders are rogues and power-hungry.We have lost brilliant leaders in the struggle for independence and multiparty struggle,just to name a few: Atati Mphakati,Dunduzu Chisiza both top-notch Economists,Augustin Bwanausi then a leading mathmatician in East and Southern Africa.Thse three noble sons of our country,were slained in cold blood by Banda’s killer-machines one of them being an Army officer goes by the name of Liabunya.As you have bravely told Muthalika about his sins,this shows your qualities of authentic leadership Malawians are crying for.Chilima,forward ever back never.You have the huge supporters of progressive Malawians and God will be with you until your final destination which is the President of Malawi.All Christians of Malawi and the world express their players to God our Almighty to guide you.

    1. God blesses a conviction based on genuine love for humanity not hate bitterness and empty ego.All men are sinners you do not need to take four year to know this food is what l do not eat.There is. more respect and dignity.in silence than when an empty bucket makes noise

17. Be brave like Malema. Osangoulula bwanji?

    1. We don’t have a true leader in Chilima. he just makes me mad. he was a lot of hope for Malawians but now he is disappointing all of us left right and centre. We all know that DPP is made up of thieves (even children in the village know that). The question is, then what? As VP Honourable Chilima, you need to be bold enough and call a spade a spade and reveal these thieves even without evidence. Take the flack and even get locked for standing for the truth. God is great and will reward you for looking after His people. Honourable Chilima, stand up and be counted.

18. We will prosecute these people immediately after MCP takes over government next year. We have waited for too long. One year won’t make a difference

19. It’s also a crime for any political head to not report crime committed by fellow political leaders or any government official. Honourable Chilima, in your 4 years in the DPP as VP, you seem to have shielded a number of fellow party members who have committed blatant crime and looted the state coffers. You are complicit in the crimes committed under your watch. Once the immunity is lifted for a sitting president, then the honourable thing for you to do is to hand yourself over to ACB for prosecution.

20. APM ndi SKC for the first time in my life nditolephera kuonera World Cup chifukwa cha magetsi.Kodi boma mutoyetsa bwanji? Ndakwiya nanu kooopsaa!!

21. My friend I think it’s good sometimes to keep your mouth shut instead of being seen as a saint. When I met you in RSA with Cashgater did you ask him the source of his money yet you knew he was a civil servant. Do you think it is easy to win corruption case? Ask ACB case of BM. Is it true that you employed your relatives without following procedures? Again if you are a real man mention corrupt officials in government and what they did. Otherwise you’re just opening your mouth to gain sympathy

22. Wow Chilima is behaving like a baby now. There are reasons for granting those immunities and for you to raise this now only shows how desperate you are to be the president. this is your second time you are raising issues after stepping down. If presidents could be prosecuted whilst serving as head of government it may directly affect a lot of factors such as lack of leadership, poor economic records to instability and affect investments in the country. Can’t comment more just keep quite Chilima.

23. I agree with Goodall Gondwe, Chilima is not mature – Baby. A good idea but not practical – unrealistic. Just imagine the chaos such laws could bring. I agree with the comments by the two law professionals against such laws.

    We can wait until end of term, then allow the law to take its course. Five year is not a life time!

    Otherwise we have impeachment if an issue is urgent. Chilima, please push for parliament for finalize the standing orders for impeachment, and the current president to approve. That is what you can actually do, and not suggesting such unrealistic laws.

    Is Bakili Mulizi being protected by immunity laws? Just image how complicated it can be for an incumbent president…

    And to add to that, in your speech, they were some suggestion, similar in logic to the this, which sound fair but are too idealistic. Please be a bit realistic and see the practical aspect of issues.

    And I think your idea to leave the DPP was a mistake. You should have fought from inside, and forced them to kick you out and not voluntarily surrender!!!

24. Komatu zinazi kumaganiza kaye musanayankhule, kunena kwa ndithendithe sibwino.

25. I totally agree with this strategy to dealing with corruption in high places. However, I personally feel that it is very utopian and easier said than done. In a country where jealousy is a disease embelished in it’s national anthem, I have a feeling that removing immunity from the president will expose the presidency to numerous lawsuits such that instead of working for the people, the presidency will spend more time in the court’s than at Capital Hill developing the country. What I personally think is needed is a responsible executive and judiciary that will ensure that a former president who has cases to answer in court is speedly and fairly tried as soon as his/her term of office ends. It will be childish, however, to remove the immunity of the sitting president. Proposing this path will be good to win votes for people like Hon. Chilima. But it’s application will be next to impossible. It will expose the presidency to serious legal battles that will make the sitting president impotent. I really thank Hon. Chilima though for starting this debate. It’s a useful one.

    Kent Y.G. MPHEPO – Blantyre

26. SKC DON’T OPEN THEIR EYES /EARS (MALAWIANS )ARE USED TO
    SUFFERING —PAYING TAXES WITHOUT KNOWING /SEEING WHERE ITS GOING — CHAPONDA
    NANKHUMWA AND FRIENDS PACKING MONIES IN SACKS —

27. At first i thought Gondwe was wrong when he called Chilima a baby. He is a toddler. Even if you remove immunity it doesnt mean a president can’t be corrupt. Tell me who in Africa can arrest a sitting president. The current system is fine because any president can be tried after his term. Muluzi, Zuma etc are evidence that a president can be arrested.

    Dont advance ideas borne out of bitterness or under the influence of illicit drugs. Abwana chepesani chamba chonde. Dont speak too much and remember that those who live in glass houses should not throw stones. In the west there is transparency and criminality is not tolerated but there is corruption by leaders. You wont win our hearts by stupid statements. Be bold and tell us what you know about APM and his govt. On corruption. Just reveal details about what you know instead bits and pieces.

28. You dear dog nchilima, you share the corruption. Chriminsl charges should also be placed on you. President and vice you are equally to blame. You idiot why not firm your own party. ?

29. SKC is the Obama of mlw , its sad old people dont want change for their grandchildren’s children but poverty. Its time to make Malawi a great nation with economic opportunities, cultural diversity nation. we can own land in Chinese or India but they can own land here even citenship we need to control our boarders like Kenyans do to foreigners owning land at the expense of locals. These so call investor are bribing our top brass and abusing the labours what type of business ethics is that? no standards and also externalising profits back to their countries while u gave them tax waivers this Dpp govt ought to go! wake up people its already too late.

30. I am call for amendments? Or proposing it? When you think not ought to be

31. Chilima wayamba kusewera mpira wa one touch system. The man to watch in the next half! Keep it up SKC.

32. Yeah zikufunika kutero abaleee bwanji maiko ambiri like kuno ku SA komanso ku Brazil ndi ena akutsata ndondomeko imeneyo coz zikhoza kupatsa pulezidenti kukhala very cautious panchito yake kusiyana ndipanopa pano Ali ndiufulu orange zaukatangale komanso mpofunikanso kukhazikitsa lamulo lokhwima kuti pulezidenti azikayankha mafunso kunyumba ya malamulo nthawi zonse akhungu akamakakumana osati mmene zilili panomu akuopako chaniiiii?

33. I am call for amendments? Or proposing it?

34. Well well well, let us be practical and objective…

35. Mr VP this is very vital. It doesn’t make any sense for a public officer to be immune to prosecution if he commits crime. We are tired of corruption that has brought our country on its knees. Our MPS should take this up though it will meet a lot of resistance as was the case with electoral reforms bill. Mulungu atiyendele tatopa ndikutidyela masuku pa mutu.

36. I totally agree with Chilima. Azimangidwa kumene awonjeza kutibela amatiyesa ng’ombe zawo ife. Its simple and straight forward, when they are arrested, the Vice President will takeover the position

37. That’s stupid kind of thinking. Prosecuting a sitting President can brin about civil war easly. Impeachment or prosecution after he is no longer a President for the crimes he committed while in office is the best way. Zimakomatu kunena when you are outside that office.

38. Kunena kwandithendithe Nanthembwe anadzitengera. Uyu ndi mwanadi. Five years Baby is not too long to wait for the incumbent to be followed for any mistake made in office. Osayankhula kuti anthu akutameni. To be the head of State is not a joke

    1. We have had enough. Baby or not extraordinary situations call for extraordinary interventions.we are sick and tired of this state of affairs where the ruling few are having fun over the the ordinary citizen for decades on end. They all behave like they are deaf to the CRY of the masses. While we see the dire need for medicines in hospital, they see the need for campaign in their so called constituencies……. shame on them thieves!!

39. There is a saying that people who vindictively put in place laws, become the first victims of the law. Chilima akutha mapulani tsopano. One day he says this, another day he says that. Just to get media attention. But the media does not vote, always remember that.

40. Too long in slavery, Chilima May be called a whistle blower, however there is an urgent need to amend some of acts in our constitution. Powers of President have to be limited, president don’t own our country neither it’s citizens, however he is a servant to Malawians as it was supposed to be, but now it’s totally opposite.

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