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.

Dr Chikosa Silungwe the Attorney General: President Chakwera ignoring his legal advice and sourcing elsewhere

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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MCP Diehard
MCP Diehard
27 days ago

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.

Last edited 27 days ago by MCP Diehard
Thisisthegovernment
Thisisthegovernment
27 days ago

Yes for Malawi politics, it is garbage in garbage out. That is what we have been programmed to be. Garbage in garbage out.

Kamchiputu
27 days ago

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… Read more »

Justice for all
Justice for all
27 days ago

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

Kwitanda
Kwitanda
27 days ago

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

Ndafera Nkhande
Ndafera Nkhande
27 days ago

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.

Acting thembalamathemba
Acting thembalamathemba
27 days ago

Ulamulilo wa tonse alliance Wayezedw ndipo wapezeka wopelewela, mlungu azaupeleka kwa aperezi omwe aja

Zako Izo
27 days ago

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

Mwaipupo
27 days ago
Reply to  Zako Izo

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

Kamchiputu
27 days ago

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… Read more »

QueenSono
QueenSono
26 days ago
Reply to  Kamchiputu

Politicians including Chakwera and Chilima ain’t in those positions to help malawians but to achieve personal ambitions aliyense akupanga za mthumba mwake

Assange WikiLeaks
27 days ago

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… Read more »

Anzanufe
Anzanufe
27 days ago

Not surprising at all. Such comments come from those that are paid to do fire fight. No sane person cannot side with this stupidity!

Dr. Lazalo Winiko Manganya
Reply to  Anzanufe

You are right, the above person is a sellout, hired to defend nonsense by the failing regime

Bauleni
Bauleni
27 days ago

Comments written by a mbuli

MCP Diehard
MCP Diehard
27 days ago

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?

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