VP exclusion ‘no bid deal’: Chilima’s place in Cabinet already guaranteed by Constitution
Vice-President Saulos Chilima’s exclusion in President Peter Mutharika’s new Cabinet which has been bloated by 60 percent announced on Thursday night is illegal, according to prominent legal scholars.
In the revised Cabinet, there was no mention of the Office of the Vice-President whose holder – Chilima- leads UTM Party which has now entered into electoral alliance with main opposition Malawi Congress Party (MCP).
In the past, the Vice-President was on the list after the Head of State first followed by by Cabinet ministers and deputies.
Legal scholars have explained that Section 92(1) of the Constitution makes it mandatory that the Vice President should be part of the Cabinet.
According to Danwood Chirwa, a professor of law at the University of Cape Town in South Africa, the Vice-President is elected by people alongside the President and unless the holder of that office resigns voluntarily, he or she remains the VP.
Edge Kanyongolo , an associate professor of law at the University of Malawi’s Chancellor College, is on record, saying the Cabinet list excluding the VP is legally inconsequential because it does not have any legal significance.
He said: “A list is just a list! This does not in any way affect the Vice-President’s position because the VP is not appointed into Cabinet, he is there already by virtue of the law.”
Governance expert Makhubo Munthali said it is common knowledge that the Presidency includes the President and the Vice-President.
“Chilima’s place in Cabinet is already guaranteed by virtue of his position as Vice President,” said
Section 79 of the Constitution says a Vice-President is elected alongside the President and “shall assist the President and who shall exercise the powers and functions conferred on the First Vice-President…by this Constitution or by any Act of Parliament and by the President.”
When the governing Democratic Progressive Party (DPP) sacked the then Vice-President Joyce Banda from the party in December 2010, she remained in office until the untimely death of president Bingu wa Mutharika in April 2012.
Historically, there has been tension between Malawian Presidents and their Vice-Presidents predominantly over issues bordering on succession.
Since announcing that he was leaving DPP in June 2018, Chilima has not been seen at official events attended by the President.
The functions of the Office of the Vice-President in the country are predominantly delegated by the President.
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This has been happening over and over since our multparty democracy due to presidents taking political parties as their own personal asset. They dictate and impose their will on the parties members instead of leaving to party members to nominate presidential running mate. The part constitution in most cases is very clear that the vice president would succeed when the president second term come to an end. Then its when the president meddles by changing things around for his own personal gain. So will have this issue for some time if no change is happening, presidents need to averything to… Read more »
Malwiaians, are you seeing this for the first time. I don’t see any news here. It has been like that for the last 3 years of his Vice presidency. A Kanyongolo comment on real issues.
I will not comment. Mungandione usilu wanga!
stupid vice president. his behaviour is the reason i want the office of vice president to be expunged from the constitution. waste of resources sending police officers , fleet of vehicles and fuel on this rebellious son of a bitch
You are also stupid and brainless.
Inunso nde ndi mphemvu so eti?think using ur brain nt pomwe mwakhalilapo. Dziko lanji lopanda vp?
Ndi zimenezitu. A VP without any consequence.
Kkkkk kulilila unduna sangakupase,dikila uzawine wekha 2024 m,boma uliziwa kut sitimalimbana nalo wagwa nayo iwala zokhalaso m’boma,APM nd dilu m’boma ilo DPP &UDF mpaka 2024 woooo ,mumva pain achilima inu ndipo sizinat kenako akulinjika inuyo nd azanu kukumangani mumva kuwawa chaka chino
Olo asamupase ntchito month end salary akulandira ndipo msonkho wako . Akuvutika ndi ndani pamenepo? Opusa ndi Muthalika wakoyo
Chilima was put on the government invitation list for the recent function in the lower Shire. Did he attend? NO. So, there is no need to put him on the cabinet list.