As Political Scientist says political and Constitutional Crisis might end Malawi in doom.
Newly formed Citizens for Transformation (CFT) leader, Timothy Mtambo has called for the speaker of the national Assembly to call for an emergency Parliament meeting to discuss the future of the fresh presidential elections.
This comes after president Peter Mutharika withheld his assent to the Electoral Reform Bills and firing of Malawi Electoral Commission(MEC) commissioners as directed by parliament.
Mtambo told journalists in Lilongwe that Malawians are in a dilemma as to what system will be used in the coming polls after MEC Chairperson Jane Ansah said they might use the single majority despite that the court ordered for the majority vote, hence parliament must make a clarification.
He called for the international community to intervene in calling for president Peter Mutharika to fire MEC commissioners.
He has also called on all Malawians to reject Presidential poll results on Elections presided over by the current MEC Commissioners.
“Democratic Progressive party(DPP) is using the COVID19 situation to frustrate the fresh Presidential Election, “said Mtambo.
In a separate interview,Blantyre International University (BIU), Law Lecturer Osman Kennedy, said the current commissioners can legally handle the Election unless Mutharika fires them.
Kennedy said according to section 75 (4) of the constitution, MEC commissioners can only be removed from office by the President on the recommendation of the Public Appointments Committee(PAC) of parliament on matters bordering on incapacity or incompetence.
“However, we all know that PAC already recommended to the President to fire the said commissioners following the inquiry they conducted recently which established that MEC Commissioners were indeed incompetent, he said.
“At this point, however, what complicates the whole matter is the meaning of “recommendation” in law. According to Black’s law dictionary, a recommendation is only advisory but not binding. The President, therefore, is not legally compelled to follow what PAC recommended to him, ” said Kennedy.
He further said MEC cannot use the First-past-the-post system contrary to the Constitutional Court ruling saying that is tantamount to contempt of court.
“Bearing in mind that the matter is now in the Supreme Court of Appeal, and both the High Court and Supreme Court of Appeal refused to suspend the execution of the Constitutional Court ruling, then the order of the court on 50 +1 still stands unless the Supreme Court would determine otherwise, ” he explained.
Meanwhile, Political Scientist, Sheriff Kaisi, told helplinemw.com that the political Constitutional crisis in the country can greatly affect the fresh presidential elections if not dealt with properly.
“Political Parties and the courts are interpreting some of the Electoral provisions enshrined in the constitution to suit them, causing a Political and Constitutional Crisis which is not going to take Malawi anywhere, ” Said Kaisi.
He said it is so unfortunate that with COVID19 at hand, other countries have left everything aside but Malawian political parties are disregarding the Pandemic and focus on Politics by conducting voter registration exercise and even courts are supporting it which is not good for the country.
“We need to resolve the political and constitutional crisis that we have. The very sensitive issue is the issue of law interpretation because the way the law is interpreted is going to affect the future of this country, “he said.
Kaisi then called upon all political parties Civil Society Organizations and other stakeholders to put Malawi first if they do not want the country to end up in doom.