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.
April 15, 2021 Wongani Chiuta - Nyasa Times 12 Comments
Retired Justice of Appeal Anthony Kamanga, Ombudsman Martha Chizuma and private practice lawyer Wellington Kazembe have been shortlisted from a list of candidates attended interview last weekend for the position of director general of the Anti Corruption Bureau (ACB).
Ombudsman Martha Chizuma make it into final list
Kamanga: Judge of Supreme Court
The names have been submitted to Minister of Justice Titus Mvalo and the list will be forwarded to the President to choose one candidate who will be subjected to confirmation by the Public Appointments Committee of parliament.
The final list of three were picked out of 37 applicants including ACB’s top investigator Dan Mponda, Geoff Chikuta, Linda Mzumara, Felix Tandwe, Chris Khunga and Fenwick Kamanga.
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.
Graft-busting body, the Anti-Corruption Bureau (ACB) says it will evaluate the alleged corruption case against former president Bakili Muluzi which now enters its 15th year, to see whether it should be discontinued or not, within 90 days.
Muluzi who has turned 80 years says the case was politically inspired
The Parliamentary Committee on Legal Affairs has been putting pressure on ACB to discontinue the case, saying it is taking long to conclude as tax-payers continue to lose resources on the matter.
Muluzi has been answering the corruption case in relation to money amounting to K1.7 Billion that was paid into his personal account when he was State President – to support his party’s 2004 elections . The State claimed money from Taiwan, Libya and Morocco paid directly to Muluzi was diverting donor funds .