There are critical moments in the life of a constitutional democracy when we must step back and confront a fundamental question: what does the supreme law of our land, the Constitution of the Republic of Malawi, demand? Since our hard-fought-for democracy, the recurring debates over the status, authority, and security of tenure of Malawi’s First […]
There is a certain grim comedy in watching Malawi’s constitutional lawyers rediscover, in real time, a problem their own profession helped bake into the founding document three decades ago. Dr Jane Ansah says she has been frozen out of Cabinet. A parade of eminent jurists now confirms this is, indeed, a problem. What none of […]
Governance, social and political commentator John Unandi Banda has proposed that a separate Constitutional Court (ConCourt) should be created to preside over complaints bordering on elections. Banda, who was Kamlepo Kalua’s runningmate in the first post-one-party regime general elections in 1994, argues this could be critical move in the entrenchment of Malawi’s hard-won democracy and […]
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 […]
The Political Science Association Conference is this Thursday holding a conference at Annies Lodge in academic city of Zomba where the ghost of academic freedom battle will be hovering as University of Malawi eminent scholars meet to discuss Malawi elections, human rights and constitutionalism. The organizers of the conference, has assembled a team of eminent […]
Legal and governance commentators have said details disclosed by Minister of Homeland Security Nicholas Dausi of the gazette the government secured, over the past three days, which have declared the airports and border posts out of bounds for the demonstrators raises more questions than answers as demonstrations are a constitutional right. Speaking at a news conference […]
Malawi is currently mired in a serious political crisis, albeit not an unfamiliar one. The sitting President has just been worn in for a second term of office under hotly disputed circumstances. An electoral petition challenging the results of the presidential elections is currently being argued and adjudicated by the courts. Inside the court, the […]
Veteran politician and former cabinet minister Brown James Mpinjanjira popularly referred to as BJ has said the country’s constitution should be amended to ensure the Head of State has powers to fire the deputy president. In the current form of the Constitution, the President and commander-in-chief of the Malawi defence force and the Malawi police […]
A law that makes it illegal to “undermine the authority of or insult the president,” is outdated in democratic Malawi and should be outlawed, human rights defenders and lawyers have said citing concern for freedom of speech after President Peter Mutharika threaten to use it. President Mutharika on Saturday warned his deputy Saulos Chilima, former […]
Malawi’s leading daily newspaper The Nation has urged President Peter Mutharika through its editorial comment to rectify the mess by Chief Secretary in the Office of the President and Cabinet (OPC) Lloyd Muhara who has come under fire for illegally extending the contract of Law Commissioner Gertrude Hiwa contrary to what the Constitution stipulates. Nyasa Times […]
n regrouping and infusing common sense in Malawi community and society at large there is a need to amend the constitution remove the fundamental rule of the winner takes it all. There is a great need to replace it with mass suffrage where at least who ever take over power of government must win 50+1 […]
A constitutional law expert Edge Kanyongolo, who is lecturer at University of Malawi’s Chancellor College, has said every decision by the Executive is subject to review bu the courts if the society decided to challenge it. Kanyongolo was commenting after High Court in Mzuzu sustained an injunction against Agriculture, Irrigation and Water Development Minister George Chaponda […]
Political intolerance from the time of multiparty system and reluctance by the Executive arm to exercise justice and the rule of law has pushed our nation into disrepute locally and internationally. Failure to acquire majority votes by UDF in the 1994 elections made Malawi to lose its integrity as a nation. UDF defied constitutional order […]
President Peter Mutharika says Malawi needs to review some of the country’s laws to ensure that more women become members of Parliament (MPs) and secure other key decision-making positions in national development. Mutharika made the remarks at a news conference at Kamuzu Palace in Lilongwe on Tuesday. The President said he was concerned that the […]
On 16 May 1994 Malawi’s Parliament passed the first democratic constitution which was drafted in 1993/94. This interim constitution was promulgated in May 1995. The adoption of this liberal constitution had many Malawians thinking that at last the sun was rising for them. Thus, Malawians were happy to depart from the one party era which […]
Supreme Court Judge Dunstain Mwaungulu has given an expert legal opinion to Public Affairs Committee (PAC) in relation to controversial anti defection law Section 65 indicating that the Speaker’s hands are not tied under the current law and PAC has called for action. This was disclosed by PAC chairperson Rev Dr Felix Chimbote when the […]
Leader of opposition in Parliament and Malawi Congress Party (MCP) president Rev Dr Lazarus Chakwera has demanded President Peter Mutharika to ensure the 20-member cabinet idea be enacted into law and part on the Constitution order. Chakwera made the call during his official response to Mutharika’s State of the Nation Address made on Tuesday this […]
Malawi has clocked 50 years of independence. Every Malawian is looking forward to Jubilee Celebrations on July 6 2014 when the new government has just been ushered in at the end of May 2014. The road to the jubilee year was not rosy, there were ups and downs. Thanks to our Almighty God who did […]