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The Court in Lilongwe has ordered the Democratic Progressive Party (DPP) to submit three names immediately within seven days to be considered for the positions
Malawi court cancels appointment of four electoral commissioners
By Molaole Montsho
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Former Malawian president Peter Mutharika did not properly appoint commissioners of the Malawi Electoral Commission, Judge Kenyatta Nyirenda ruled on Wednesday.
Nyirenda said the law compelled the president to appoint three commissioners each from the Malawi Congress Party (MCP) and the Democratic Progressive Party (DPP), but Mutharika appointed four from the DPP and only two from the opposition MCP.
He was delivering judgment in a case where the MCP complained about the composition of the electoral commission.
According to news website Malawi24, MCP cited Section 4 of the amended Electoral Commission Act of 2017, which gives parties with one-tenth of the parliamentary seats power to submit to the president a minimum of three nominees to be appointed as commissioners of the Malawi Electoral Commission.
April 15, 2021 Owen Khamula - Nyasa Times 8 Comments
Attorney General Chikosa Silungwe on Wednesday afternoon met President Lazarus Chakwera hours after the Malawi Electoral Commission (Mec) storm which threatens to tear apart the Malawi Congress Party (MCP) and UTM in the Tonse alliance led government.
Attorney General Chikosa Silungwe: My advice is that the remaining members of MEC cohort should not discharge any duty or power of the Electoral Commission under the Constitution or an Act of Parliament until Section 75 (1) of the Constitution has been complied with
Officials at State House have given the news of the meeting a blackout but sources said the two met “on issues concerning MEC.”
Visibly angry President Lazarus Chakwera on Wednesday summoned Attorney General Chikosa Silungwe hours after the Malawi Electoral Commission (Mec) saga.
The meeting came after MEC said with the advice from the Attorney General – government chief legal advisor – that following government’s decision to rescind the appointment of two Commissioners of the Malawi Electoral Commission (MEC), Jean Mathanga and Linda Kunje, the commission can no longer discharge its duties..
Attorney General advised that MEC cannot continue to implement its activities as it has no legal authority or basis until Section 75 (1) of the Constitution has been complied with.
Section 75 (1) of the Constitution stipulates that there shall be an Electoral Commission which shall consist of a Chairman who shall be a Judge nominated in that behalf by the Judicial Service Commission and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament.