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.
Legal minds are predicting fierce court battles following the firing of two embattled Malawi Electoral Commissioners (MEC).
Kunje: Dismissal politically inspired
Jean Mathanga: Fired as MEC commissioner
Government on Tuesday fired decision to fired Linda Kunje and Jean Mathanga as MEC commissioners accusing them of incompetence.
But private practice lawyer Burton Mhango former president of Malawi Law Society, said the two can defend their competence having been part of the commissioners who declared the incumbent president, Lazarus Chakwera winner of the 2020 fresh presidential poll.
Mathanga and Kunje said they are currently consulting for the next course of action.
According to a letter by secretary to the Office of President and Cabinet Zangazanga Chikhosi, Mathanga and Kunje have been fired on the premise that they were adjudged incompetent by the Supreme Court of Appeal in the Presidential Elections Case.
Why is PAC silent when the office of Vice President is been ransacked? malawivoice.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from malawivoice.com Daily Mail and Mail on Sunday newspapers.
February 12, 2021 Quentin Mzumara – Nyasa Times 16 Comments
Attorney General Dr. Chikosa Silungwe gave a legal opinion to Office of President and Cabinet to formally write appointment letters for two Malawi Electoral Commission (MEC) Commissioners Linda Kunje and Jean Mathanga.
MEC chairperson Dr Chifundo Kachale with Commissioners Linda Kunje and Jean Namathanga.
Commissioner Kunje: Government has disregarded a legal opinion by Attorney General
Commissioner Jean Mathanga: Government has disregarded a legal opinion by Attorney General
Kunje and Mathanga were part of the MEC Commissioners who administered the May 21 2019 Presidential Election that was nullified by five judges of the High Court sitting as a Constitutional Court in Lilongwe.