By a concerned citizen
To: All stakeholders — Office of the President and Cabinet, Office of the Vice-Presidents, Parliament, Judiciary, Traditional leaders, Faith leaders, Civil society, Public Affairs Committee (PAC), Media, Private sector, Development partners and all Malawians of goodwill.
Countrymen, our elders say: _Mubvi oyang’anira umalowa m’maso. Komanso, zengelezu adalinda kwaukwau._ I write as a concerned citizen to humbly request all stakeholders to call for an all-inclusive national conference, as we have traditionally done, to openly and peacefully discuss the current leadership wrangles and vacuum in the Presidency.
The Malawi Constitution was built on the principles of checks and balances and transparency and accountability such that no single arm of government can solve the challenges facing this country today alone. It also means that no individual or group of people can decide what must happen or run the government through the backdoor or usurp power from the sitting First Vice-President in the event that the sitting President is incapacitated.
In order to safeguard the constitutional order, I suggest that we need dialogue, not silence — chifukwa chetechete sautsa nyama, koma siuyosiuyo!
I suggest that the proposed conference must address:
1. Gaps in the presidential benefits and privileges framework
Sections 86-88 of the Constitution provide for benefits during and after office, but do not clearly define “private trip” versus “official duty”, nor does it require detailed public accounting for extended private absences. Legal practitioners have noted this gap is perceived to be exploited by the current government. The conference needs to discuss the way forward on this gap.
If my counting serves me right, since President Arthur Peter Mutharika took oath on _4 October 2025_ at Kamuzu Stadium in Blantyre (sworn alongside Vice-President Jane Ansah), he has been away for “private” business on 6 separate occasions for an average of two weeks per trip. Yet the public has not been informed the details about such trips and the implications that they have on the economy in general and the taxpayer in particular. According to the communication from the Secretary to the President and Cabinet (SPC), these trips are not work-related. The nation is just left to guess what they are for.
2. The question of incapacity and continuity
When, in 1993, Dr. Hastings Kamuzu Banda was taken ill, hospitalized at Blantyre SDA Hospital (also called Malamulo ya ku Blantyre) and later flown to South Africa, the nation was duly informed about his health status and where he was admitted. Malawians were also informed of the formation of the Presidential Council comprising Hon. Gwanda Chakwamba Phiri (from the South), Hon. Robson Watayachanga Chirwa (from the North) and Hon. John Zenus Ungapake Tembo (from the Centre) who were collectively in charge of the country’s affairs.
This openness stopped. As we recall, when President Bingu wa Mutharika collapsed at Kamuzu Palace in April 2012, he was rushed to Kamuzu Central Hospital and later flown to South Africa without timely information to the public. This must not be repeated.
Section 87 of the Constitution is explicit on incapacity: (1) the First Vice-President acts as President when the President is unable to discharge functions; (2) incapacity must be certified by a board of independent medical practitioners, signed by the First Vice-President and majority of Cabinet, and submitted to the Speaker; (3) upon submission, the First Vice-President immediately assumes powers as Acting President. These prolonged absences have therefore created anxiety about who exactly is running government each time President Mutharika leaves the country. If the President is sick, like it is generally believed by many Malawians, let government tell the nation in a timely manner.
3. Role of elected Vice-Presidents
Since 1994, the public concern has been that elected Vice-Presidents have not visibly exercised functions under Section 87 and Section 92(3). The current case of First Vice-President Rt. Hon. Jane Ansah — the first former Justice of Appeal (JA) and former MEC Chairperson to become Vice-President — and Second Vice-President Hon. Enock Chihana, are the most conspicuous since this position was created.
Sadly, the social media is currently awash with draft constitutional amendments purportedly by the DPP and to be introduced in the next sitting of Parliament. I am of the view that any amendment to the critical sections of our laws must be handled collectively and objectively. The proposed all-inclusive conference is the perfect place.
4. Collapse of service delivery
Malawians face a convergence of crises: persistent fuel shortages, forex shortages, erratic water and electricity supply, looming widespread hunger due to El Niño, and lack of essential drugs in public hospitals.
This is confirmed by recent reports: IMF in October 2026 warns El Niño will cause food shortages and power cuts; WFP projects 2.6 million people facing acute hunger in the 2026/27 lean season; OCHA warns cereal harvest could reduce by 30%. Amidst these crises, and despite declared austerity measures, there are public perceptions of looting that need to be addressed.
5. Conflict between executive and parliament
The public has witnessed sharp exchanges between the Speaker of Parliament, Rt. Hon. Sameer Suleman, MP, and the Government Spokesperson Hon. Shadreck Namalomba, MP, regarding 12 proposed inquiries into government institutions. While inquiries are meant to support prudent use of public funds, one of President Mutharika’s key promises during his inaugural speech, the Executive has reacted negatively. Unconfirmed reports also say that some sections of the party in government (DPP) are threatening the Speaker of Parliament with impeachment in the next sitting, further undermining public confidence in the party.
6. Public allegations of corruption in the judiciary
Since 2024 the media has been awash with allegations of deep-rooted corruption involving senior members of the Judiciary. Whether true or not, these allegations must be addressed transparently to restore public trust. Those who claim to have evidence need a safe environment. The case backlog, which by some estimates exceeds 40,000 cases, means justice delayed is justice denied, particularly for the poor.
7. Escalating tribal and regional bigotry
The proposed conference must also confront the deliberate promotion of regionalism and tribalism in public life. There are claims, including statements attributed to some cultural group leaders, that ban other political parties, particularly the Malawi Congress Party (MCP), from campaigning in the so-called Lhomwe-belt, suggesting that they are more Malawian than the rest hence its members can campaign anywhere in the country without let. There is also evidence of targeted suspensions, regionally / tribally biased provision of services, dismissals and politically orchestrated transfers and secondments of civil / public servants perceived to be from other regions and tribes, particularly those from the Chewa people of Central Region.
History, including the 1994 genocide in Rwanda, teaches us the danger of such rhetoric. I propose the conference must discuss the importance of national unity and cohesion.
_8. Rising insecurity_
Since the DPP took over power 13 months ago, there have been reports of organized crime, unexplained kidnappings in Lilongwe and Blantyre, murders of persons with albinism and rising cases of burglary and theft. In Blantyre two female medical doctors were killed a few months ago. On 14th May 2026, police unprofessionally threw teargas at former President Dr. Lazarus Chakwera as he headed to Nkhumbu Cemetery. Like they have done before, the police must present reports to this conference on how they are discharging duties under this administration.
9. Harassment of MEC and its leadership_
Since the current administration was formed, there have been attempts to dictate decisions at MEC, an institution legally expected to be neutral and independent. For nearly two years the nation has witnessed media and administrative attacks on the MEC leadership, including Chairperson Justice Annabel Mtalimanja. Unfounded accusations have been levelled against her. The conference must hear both sides and advise government accordingly.
10. The appointment of persons answering serious criminal charges to key government positions_
Since the DPP-led government was established in October 2025, the public has observed with concern that individuals who were before the courts answering serious criminal cases — many bordering on theft, fraud, abuse of office and corruption — have been appointed to Cabinet and other key government positions.
In the same period, Malawians have watched serious criminal cases being withdrawn from the courts through _nolle prosequi_ or discontinuances, in some instances without clear public explanation of the procedure followed.
Under the Constitution, Section 99 gives the Director of Public Prosecutions (DPP) powers to institute, take over and discontinue criminal proceedings, with the consent of the Attorney General and in the public interest, for reasons of national security or to prevent abuse of legal process. Section 101 gives the Attorney General oversight on legal matters affecting government.
The perception created is one of selective justice: that prosecution is harsh for ordinary citizens but lenient for the powerful. This erodes trust in the rule of law, a key condition for IMF and donor support.
The proposed all-inclusive conference must therefore provide a platform where the Secretary to the President and Cabinet (SPC), the Attorney General and the Director of Public Prosecutions present a public report: (a) the legal basis for each withdrawal; (b) the number of high-profile corruption cases discontinued since October 2025; and (c) the vetting criteria used for Cabinet and senior appointments.
Conclusion:This is our only country. Let the conference be convened within 14 days under the facilitation of PAC and the Law Society.
