Tonse rift as legal experts fault Chakwera for disregarding Attorney General advice
Legal experts are faulting president Lazarus Chakwera for disregarding advice from the Attorney General Chikosa Silungwe on the firing of two Malawi Electofal Commissioners (MEC) which has led to lack of coordination on the issue surrounding the employment status of Jean Mathanga and Linda Kunje.
The Office of the President and Cabinet on Tuesday announced its decision to rescind the appointments of Mathanga and Kunje as MEC commissioners on the basis of incompetence.
The two were reappointed to the commission by former president Peter Mutharika despite their previous cohort being tagged as incompetent by both parliament and the courts.
Identical letters signed by Secretary to the President and Cabinet Zangazanga Chikhosi stress that by operation of the law and pursuant to a Constitutional provision, the duo’s appointments are rendered defective.
Commenting on the development, Chancellor College law professor, Garton Kamchedzera, contends that the country’s highest office is using the law to bring confusion.
Associate Law Professor at the Chancellor Collage Edge Kanyongolo also indicates that the matter shows that the high office, apart from the Attorney General – who is government chief legal advisor – is also outsourcing legal counsel.
Kanyongolo adds that if the government is seeking legal advice from elsewhere, there is a need to make a public declaration of the same.
Meanwhile, in his latest legal advice on the matter, Attorney General Chikosa Silungwe indicates that following the removal of the two from the commission, the rest of their cohort cannot proceed to execute their duties.
Commenttaors have since said the situation creates a room for deep divisions in the Tonse Alliance led government especially between key partners Malawi Congress Party (MCP) of Chakwera and UTM Party of vice president Saulos Chilima.
Political commentator Humphrey Mvula observed: “What is happening in the Tonse Alliance administration simply shows that the leaders did not sit down to create a template on how ti run the government.
“If the Attorney General’s advice is not being taken and the Secretary to President and Cabinet comes in to do the contrary, it means he [Zangazanga Chikhosi] is doing what the President wants.”
Meanwhile, State house has confirmed an earlier report by Nyasa Times that Chakwera met AG Silungwe over the MEC decision to suspend its operations.
Presidential press secretay Brian Banda said the meeting took place on Wednesday but did not provide details despiting confirming they discusses “the implications of MEC’s decision to suspend its operations.”
Both Chakwera and Chilima have kept the alliance’s terms of the agreement close to their chest.
The two leaders have also not commented on the visible divisions within the alliance despite their supporters publicly insulting each other and praising their respective leaders, mostly on social media.
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INSURBORDINATION at the highest levels of Government.
It simply can’t be ignored or wished away.
The Attorney General and the MEC Chair should resign or be fired but under NO circumstance should they continue in their current positions.
Disregard this advice at your own peril, Mr. President.
Yes for Malawi politics, it is garbage in garbage out. That is what we have been programmed to be. Garbage in garbage out.
Legal experts have clearly said the highest office is using the law to bring confusion. So, what is your argument? Chakwera is bringing confusion instead of bringing stability. Is this Tonse Government or Lao Government? So if Silungwe is giving the President wrong advice,why is the President keeping him? If Silungwe is giving wrong advice who is giving the President the correct advice that you and me we dont know. Is the President transparent? Ingonenani kuti awa ao ndi malemba basi osati ndale, zawakulira. Kulephers kuyendetsa dziko sikuposa yapa. Look at the new President of Tanzania, a woman for that matter. How long has it taken her to act on nonsense? It doesn’t mean that if Chakwera misses a cup of tea at 10:00 AM he has ceased to be President. He should learn to prioritize his tasks, other than priortiizing drinking tea, buying suits every week and nothing for the voters.Time is ticking down.
Shame Malawi I thought this time could have been different but alas same cabbage in the banana republic am still on my stand watching from far
The problem is that Arttony General Silungwe was sponsorred by Chilima therefore Chakwera can not trust advice from Silungwe. Remember that a few months ago Silungwe was complaining that his confidential memos were always being reaked out. Now today wina apusapotu pa za MEC
Tangupenya paja mmati ndi yododa nanga ivi vuluchitikani ninji? Apa madzi achita nkhande pakufunika kukapa chitsime tingatsakule mmimba. Mnangakhale onyata ommetoto sangadibe cifukwa nkhande iliununkha zedi. Malembalemba odala mwaona umo zinthu zimzlakwikira. Bola kukhala olalika kusiyana ndi izi zotopetsa aliyense amakuona ndi diso lofiira.Izi zoyambitsa BP odala.
Ulamulilo wa tonse alliance Wayezedw ndipo wapezeka wopelewela, mlungu azaupeleka kwa aperezi omwe aja
Komanso tangomvani dzina lakero; Zangazanga Chikhosi kukhala ngati dzina la galu. Munthu ngati uyu angalephere kukhala ndi khalidwe la galu? Ochakwera please muchitseni uyu ndi galu akusokonezani
zangazanga was acting on the instruction of his boss ,vuto ndi kumtundako .komaso ma blunder onse wakhakala akupanga zangazanga akanakhala kuti Chakwera sakumusangalatsa bwezi atamuchotsa ,this clearly shows that Chakwera is happy with the way zangazanga is doing things
Chakwera is not material for President. I am ashamed to be Malawian. To be a good speaker does not match the skils to handle the country’s affairs well.This man deserves to be in the opposition for ever which I see happening soon.There is one man within the party who is his right hand man who is misleading Chakwera. There are so many people who claim to be Lawyers,but have never been to court to defend a case. Unfortunately, those are the Lawyers the President listens to other than our Sapesa.The President must also be careful by the poor anyalist of Kwagwanji on Times TV which always misleading. Those guys introduced Kwagwanji to achieve their personal ambitions, not to help Malawi.
Politicians including Chakwera and Chilima ain’t in those positions to help malawians but to achieve personal ambitions aliyense akupanga za mthumba mwake
Who appointed the Attorney General? What if he is giving wrong advice? Should the president still listen to such a person? I wouldn’t listen to wrong legal advice. Look at the how the ombudsman is dealing with issues. She has reversed the appointment of those who were illegally employed at MERA and CMST yet Chikosa Silungwe advised the SPC against removing cadets who came via backdoor and without interviews. A good example is Buluma. Was her position advertized? Who attended the interviews and what was the score? What are the qualifications for position? Chikosa Silungwe is throwing spanners everywhere. APM removed Kaphale and brought in Charles Mhango. He removed Charles later and brought back Kaphale. Bingu removed Ralph Kasambara after he misled the former on Chilumpha. You remember the issue of constructive dismissal served on Chilumpha?
Not surprising at all. Such comments come from those that are paid to do fire fight. No sane person cannot side with this stupidity!
You are right, the above person is a sellout, hired to defend nonsense by the failing regime
Comments written by a mbuli
Right on the Money!
Chikosa Silungwe is on a mission to save the DPP system at all costs even if it means insubordination and collusion. How can he go behind his boss with advice that was already rebuffed by the boss?
Chakwera and Chikhosi are certified Brutes full of hate. He thinks since they were able to manipulate the courts then things will always work for them. Chikhosi is on certified bastard and that is why he is giving employment to JC holders to become directors in government.
Useless comment from an ignorant nobody
Bvomerezani kuti zinthu zikulakwika kwambiri kuposeranso boma la DPP. Panopa palibe chimene chikuyenda. Ntchito kukhalira milandu yokha yokha, no time for development. Is this what we voted for?
Am afraid.Malawi is heading to a doom , following satanic led Gvt. What Chakwera and chilima forgot was satana amakuthandizr kucht cholakwika then amazakusiy nkumakusekanso. Anaba boma mwaupandu ,thru court,hrdc and MDF,anaiwala Mulungu amaona.Chuma chamagazi sichikhalisa. Soon ,Malawi to witness chachilendo chomwe padziko lonse lapansi sichinachitikepo.