Attorney General Chikosa Silongwe has said with firing of two Commissioners of the Malawi Electoral Commission (MEC), Linda Kunje and Jean Mathanga, there is no Electoral Commission and has since advised the remaining Commissioners to stop discharging any duties.
Silungwe’ says one of the consequences of the rescission is that there is no Commission in accordance with the Country’s Constitution.
Government fired Kunje and Mathanga on the premise that they were adjudged incompetent by the Supreme Court of Appeal in the Presidential Elections Case.
Secretary to the President and Cabinet, Zanga-Zanga Chikhosi, said following the decision of the Supreme Court of Appeal, the two Commissioners’ appointment was rendered defective and did not qualify for re-appointment.
Dr. Silungwe - file photo
Attorney General, Dr. Chikosa Silungwe, has written the Chairperson for the Malawi Electoral Commission (MEC), Dr. Chifundo Kachale, not to discharge any duties as there is no Electoral Commission according to the law.
In his legal advice to MEC, Dr. Silungwe says this follows the firing of two commissioners in the names of Jean Mathanga and Linda Kunje by President Lazarus Chakwera yesterday.
On Tuesday, April 13, 2021, Secretary to the President and Cabinet, Zangazanga Chikhosi, notified Kunje and Mathanga that their appointment as commissioners on June 7, 2020 has been rescinded.
Following this communication, Zodiak Online established that Dr. Kachale sought advice from the Attorney General on whether in accordance with section 75 (1) of the Constitution, the reduced composition of the Commission was adequate for purposes of discharging its functions or exercising its powers.