Rev Kawalala dares Mutharika on Malawi Judicial accountability

Revere d Dr Zacc Kawalala, who hea s the Ethics, Peace and Justice Commission (EPJC) – a socio-governance arm of Evangelical Association of Malawi (EAM)–has challenged President Peter Mutharika on judicial accountability and further condemned the President’s continued attacks on the Judiciary.

Reverend Kawalala: President Mutharika attempts to undermine the Judiciary are unacceptable

EAM is  an umbrella body for 64 church denominations and 58 Christian organisations.

In  ist statement made available to Nyasa Times,  EAM said that it learnt with great dismay the continued attempts by the President to undermine the Judiciary.

“The President’s remarks in his State of Nation address, that Parliament is supreme above the courts is regrettable and a direct attack not only to the Judiciary, but also to the principle of separation of power and Constitutional Supremacy which Malawi abides to,” reads the statement signed by the association’s chairman the Reverend  Kawalala.

Mutharika took a swipe at those who were criticizing him for undermining the Judiciary through public rallies arguing that the judges were not immune to accountability.

“And let us admit we that we sometimes do what is not right because the Court has said so.  But let us remember that Parliament is more supreme above the Courts…I want Malawi to be a country where everyone must be accountable.  Nobody should be above the law and nobody should be above criticism.

“The President and the Executive are always held accountable every day by this House and the people.  Parliament is held accountable. But who holds the Judiciary accountable? I respect the Court. Speaking my views when the Courts err is not attacking the Courts”, said Mutharika.

However, EPJC in their recent statement argue that while they agreed with Mutharika on the issue of nobody being immune to accountability, the Constitution lays down unique ways on how the judicially can be held accountable within the framework of advancing rule of law.

“While we agree with the President that every individual and institution must be held accountable, we would like to remind him that Judicial accountability as clearly spelt out in our Constitution requires that those who are not happy with a particular court judgement should be allowed to appeal to a higher court with the Supreme Court being the court of last resort domestically.

 

“President Mutharika was given such an opportunity, and indeed utilised it but the Supreme Court still upheld the decision of High Court sitting as the Constitutional Court,” reads the statement .

“It is in this regard that it was expected of President Mutharika as someone who had vowed to defend the Constitution and uphold rule of Law to respect such a decision and move on.

“However, contrary to this President Mutharika has resolved to attacking the Judiciary in public – a platform the learned judges cannot respond to. As EPJC we strongly condemn this dictatorial behaviour especially at a time when the Country is preparing for the Fresh Presidential elections”.

EPJC further faulted Mutharika on his remarks purporting that the Parliament is more supreme than Judiciary arguing that such remarks had no legal basis.

“The President’s remarks that Parliament is more supreme above the Courts are regrettable and a direct attack not only on the Judiciary but also on the principle of separation of Power and Constitutional Supremacy which Malawi abides to,” reads the statement.

The EPJC statement has been endorsed by the following EPJC Commissioners and Executive Members Rev. Matilda Matabwa, Rev. Major Makuni Gondwe, Rev. Paul Mawaya, Rev. Charles Makata, Rev. Evans Jeka and Makhumbo Munthali.

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Ndata Boy
Guest

Pastor Zacc, that is excellent…..I have so much respect for Pastors like you, who speak to the point. However on the contrary I have no single respect for People like the so called Rev Billy Gama of BT synod or something like that who want to lead church members astray just for money or a position – God in heaven will put a curse upon curses on everyone who delights in injustice and corruption and yet claim to work for God, the likes of Rev Jane Ansah, Rev Baloyi, Rev Migowi, Rev B. Gama etc I am not judging them… Read more »

Livulezi river
Guest
Livulezi river

Very interesting case study
An 82 year old teethless fool (apm) forcing a 65 year old fella to go on an early retirement.
Osayamba iyeyu bwanji?
What a shame !!

Chiga
Guest
Chiga

My humble response and plea to Rev Zacc Kawalala and others please mobilze your church members ( those that are called to spiritual warfare) to add to their prayers the prayer points found in Psalm 94. President APM has become the biggest threat to our young democracy. Given another term to rule Malawi, mark my words, all the 12 judges and lawyers involved in the fight for true justice w be sent on premature retirement. The total capture of the MDF and Judiciary will be completed and Malawi can kiss goodbye to democracy and like Zimbabwe descend into the abyss… Read more »

Anzelu ndi Anzelu
Guest
Anzelu ndi Anzelu

Azibusa ayambe kumipingo yawo kuyendetsa zinthu bwino. Some of these Pastors are heartless robbers, stealing from widows and orphans and abusing church money. Now thry want to be political guides when they are failing to manage their churches well.

kaka
Guest
kaka

FOOLISH AZIBUSA AKE ATI?

James Banda
Guest
James Banda

Mutharika failed to fire MEC chair because she helped him to steal an election, He fired the Army General because he defended the constitution and now he wants to “fire” remove the chief justice because he defended the constitution. Mutharika is a dangerous old man,we should not allow him to do this.

Acton Chilunga
Guest
Acton Chilunga

Pastor that’s the way to go. The church is the light . It should guide the flock over this period. Nobody should silence the church . It is the Prophetic voice of the LORD to His people.
It is time for the church to rise up and stop the nonsense that is going on

HAPPY
Guest
HAPPY

I AGREE WITH YOU THE CHURCH MUST SPEAK NOW

Mkamwini
Guest
Mkamwini

Lets put labour law aside; Its poor leadership and poor health behaviour to stay for ages without going for holiday. He is useless he was supposed to be example. Let him go. Some people think they can not be replaced.

SMM II
Guest
SMM II

Mthalika is also a civil servant. At 80 years of age, he was supposed to retire. Let him resign. He is just an old fool

Chacha
Guest
Chacha

Young blood needs to be appointed.

Acton Chilunga
Guest
Acton Chilunga

Chacha, understand the law. You can’t even be an advisor to the village headman. Keep quiet

wera
Guest
wera

The judiciary needs to be cleaned up.

Dudha
Guest
Dudha

CJ ANdrew Nyirenda should go. As Chief JUstice he needs to understand that what he is trying to do is FRAUD. He wants to be paid for his holidays on his retirement.

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