President Dr.Lazarus Chakwera has been cleared of any involvement in the June 10 plane crash that killed his former Vice President Dr.Saulos Chilima and eight others.
Presenting its investigation findings on Saturday,the 18-member Commission of Inquiry, established by Chakwera in late October, found that poor weather conditions, which affected navigation by the Malawi Defence Force (MDF) pilots, were the primary cause of the accident.
The report reads in part:”The Commission’s main findings are that the probable cause of the accident was a combination of human and environmental factors.
Commission presenting it’s findings
“The weather on June 10, 2024, at Nthungwa, where the accident occurred, was extremely bad, leading to pilot disorientation.
“Key evidence from Chilima’s officials in Lilongwe corroborates the weather narrative.Secretary to the Vice President, Dr. Sikwese, testified that he exchanged WhatsApp messages with the late Vice President during the flight. His last message, sent at 11:10 am, was not delivered and advised the Vice President to consider returning to Lilongwe due to severe weather in Mzuzu.
“Additional evidence came from Chilima’s Special Assistant on Media, Winnie Nyondo, who received a text message from the late Aide-de-Camp, Chisomo Chimaneni, reading, “Too much turbulence.”Nyondo posted this message on her Facebook account, noting that in-flight communication was not unusual for the Vice President’s team.”
In a surprise move, Dr. Patricia Kaliati has been appointed as the Political and Campaign Advisor for Dr. Dalitso Kabambe and the United Transformation Movement (UTM).
This development has sent shockwaves throughout Malawi’s political landscape, with many hailing it as a masterstroke for the party.
Kaliati, a veteran politician known for her tenacity and charisma, brings a wealth of experience to the table
Kaliati
Her appointment is seen as a strategic move by the UTM to bolster its chances in the upcoming 2025 general elections.
As a seasoned campaigner, Kaliati’s expertise will undoubtedly boost Kabambe’s presidential bid.
The UTM’s decision to tap into Kaliati’s skills comes at a critical juncture.
The party has been seeking to rebrand itself and appeal to a broader demographic. Kaliati’s appointment is seen as a nod to the party’s commitment to inclusivity and diversity.
Her involvement is expected to energize the party’s base and attract new supporters.
Kabambe’s rise within the UTM has been meteoric. His clarity of thought and public engagement initiatives have won him praise from party delegates and the broader electorate.
Analysts argue that his technocratic approach, combined with Kaliati’s political savvy, makes for a formidable team.
The appointment has also sparked excitement among supporters of SKCLEGACY, a movement that seeks to promote good governance and accountability.
Kaliati’s involvement is seen as a boost to the movement’s cause, with many calling for continued vigilance in demanding transparency and accountability from those in power.
As the 2025 elections approach, the UTM’s chances have just gotten a significant boost. With Kaliati at the helm, Kabambe’s campaign is expected to gain momentum.
The opposition will undoubtedly take notice, and the political landscape is set for an exciting showdown.
The question on everyone’s mind is: what’s next for Kaliati, Kabambe, and the UTM? Will this powerhouse duo be able to deliver a winning formula for the party?
The tragic plane crash that claimed the life of Vice President Saulos Chilima and eight others left a profound impact on Malawi, stirring emotions of grief, anger, and a thirst for accountability. In the wake of such a calamity, the establishment of a commission of inquiry was a necessary step to uncover the circumstances surrounding the crash and to provide closure to the families affected. However, the recent decision by President Lazarus Chakwera to advise the commission to present its findings to the public before submitting them to him has raised eyebrows and sparked a debate about transparency, governance, and the role of leadership in times of crisis.
At first glance, the president’s directive may appear to be a commendable move towards transparency and public engagement. By allowing the commission to present its findings to the public, Chakwera seems to be promoting an open dialogue about the events that transpired and the factors that led to the tragic accident. In a democratic society, such an approach can be seen as a way to empower citizens, allowing them to engage with the findings and hold their leaders accountable. However, the underlying implications of this decision warrant a deeper examination.
In a nation still grappling with the aftermath of the crash, the public’s demand for answers is palpable. The families of the victims, as well as the broader Malawian populace, are seeking clarity on what went wrong and who, if anyone, is to blame. By delaying the submission of the report to the president, Chakwera risks creating a perception of obfuscation. It raises questions about whether the government is attempting to control the narrative surrounding the crash or if there are elements within the report that may be politically sensitive. The public’s trust in their leaders hinges on the belief that they are being told the truth, and any hint of manipulation can lead to widespread disillusionment. The question that boggles minds of many is ,why this report is to be presented to the public first? How many reports are being kept by Chakwera that were not released for public consumption?
Chakwera
Moreover, the president’s decision to prioritize a public presentation over a direct submission to him can be interpreted as a strategic maneuver. In a political landscape where accountability is paramount, Chakwera may be attempting to distance himself from the findings of the commission. By allowing the public to engage with the report first, he can gauge the reaction and potentially deflect any backlash that may arise from the findings. This approach could be seen as an attempt to shield himself from political fallout, especially if the report implicates government officials or highlights systemic failures within the aviation sector. The president is absolutely fooling the nation as he is aware of the contents of the findings. Submission of the report to him will just be ceremonial.
The notion that the president is “fooling Malawians” is not unfounded. There is a growing sentiment among the populace that their leaders are often more concerned with maintaining power than with serving the public interest. The perception that Chakwera is sitting on reports that have not been released to the public only exacerbates this feeling. In a country where trust in government institutions is already fragile, such actions can lead to a further erosion of confidence in leadership. Citizens may begin to question the integrity of the commission itself, wondering if its findings will be manipulated or suppressed to protect political interests.
Furthermore, the decision to delay the submission of the report raises concerns about the potential for misinformation and speculation. In the absence of official findings, the public may turn to alternative sources for information, leading to the proliferation of rumors and conspiracy theories. This can create a chaotic environment where the truth becomes obscured, and the focus shifts from accountability to sensationalism. The government has a responsibility to provide clear and accurate information to its citizens, especially in the wake of a tragedy that has captured national attention.
The implications of this situation extend beyond the immediate context of the plane crash. It reflects broader issues within Malawian politics, including the struggle for transparency, accountability, and good governance. The public’s demand for answers is not just about the crash itself; it is emblematic of a larger desire for a government that prioritizes the needs and concerns of its citizens. When leaders fail to meet these expectations, they risk alienating the very people they are meant to serve.
In light of these considerations, it is essential for President Chakwera to recognize the significance of his actions and the message they send to the public. The decision to allow the commission to present its findings to the public first should not be a means of deflection or political maneuvering. Instead, it should be an opportunity for genuine engagement and accountability. The president must demonstrate a commitment to transparency by ensuring that the findings are made available in a timely manner and that the public is given a platform to discuss and respond to the report.
Ultimately, the tragedy of the plane crash serves as a reminder of the fragility of life and the importance of accountability in governance. The families of the victims deserve answers, and the Malawian public deserves a government that is willing to confront uncomfortable truths. President Chakwera has the opportunity to lead by example, to show that he values the lives lost and the concerns of his citizens. By embracing transparency and accountability, he can begin to rebuild trust in his leadership and demonstrate that he is committed to serving the best interests of the nation.
In conclusion, the decision to delay the submission of the commission’s findings to the president raises significant questions about transparency, accountability, and the role of leadership in Malawi. While the intention may be to promote public engagement, the potential for political maneuvering and the risk of misinformation cannot be overlooked. As the nation awaits the findings of the commission, it is imperative for President Chakwera to prioritize the truth and the needs of the Malawian people, ensuring that the legacy of the tragic plane crash is one of accountability and healing rather than confusion and distrust. Above all president Lazarus chakwera is fully aware of the contents of the findings.
Twink Jones Gadama engages, OldMan Malinga, a renowned constitutional law expert in Malawi in a hard talk interview. He will be discussing the controversy surrounding President Lazarus Chakwera’s stay in office, which has been deemed illegitimate by Constitutional law experts, including Old Man Malinga himself.
Twink: Can you explain how Section 32(1) of the Parliamentary and Presidential Election Act, which states that a general election shall be held at such times as are required by the Constitution, relates to the current situation with President Chakwera’s stay in office?
Old Man: Thanks very much Comrade Twink Jones Gadama for having me in this special edition of hard talk. It is an honor to be cherished in my lifetime for being invited in this wonderful edition.
Without wasting time let me go straight to section 32(1) of the Act but before I do that, let me revisit sections 8 and 48(2) of the Malawi Constitution and for the avoidance of doubt. Section 8 of the Constitution provides that:- “The legislature when enacting laws shall reflect in its deliberations the interest of all the people of Malawi and shall further the values explicit and implicit in the Constitution”. Section 48(2) on the other hand provides that:- “An Act of Parliament shall have primacy over other forms of laws but shall be subject to the Constitution”. The gist of these sections is that, Parliament when enacting laws shall be bound by the provisions of the Constitution and no more because Parliament is an offspring of the Constitution itself. We have a presidential term under section 83(1) of the Constitution and the National Assembly term under section 67 (1) of the Constitution and both sections provide for Five year term. Under our Constitutional Democracy of 1994, the purpose for having the National Assembly and a President is to create an elected deliberative forum of the State called Parliament whose primary role is to represent the people of Malawi and their interests. Since Parliament exist only in the presence of both the National Assembly and the President and both terms covering five years, in the interest of the people of Malawi, the Constitution merged the National Assembly term and Presidential term under section 80(1) in order to produce section 49(1) of the Constitution (Parliament). Going back to section 32 (1) of the Parliamentary and Presidential Election Act, the general election under the Act is derived from section 67(1) of the Constitution and it provides that:- ” The National Assembly shall stand dissolved on the 20th March in the fifth year after its election and the polling day for the general election for the next National Assembly shall be the Tuesday in the third week of May that year”. “Provided where it is not practicable for the polling to be held on the Tuesday in the third week of May, the polling shall be held on a day, within Seven days from that Tuesday, appointed by the Electoral Commission”. According to section 67 (1) on the holding of a general election, only the Constitution can decide and in any intervening event, only the Electoral Commission and not Parliament can appoint a day with Seven days from that Tuesday. The supremacy of the Constitution is sacrosanct and where the provision of the Constitution does not provide for an Act of Parliament to have a say, the intention of the provision is for the people of Malawi to decide for themselves through a Referendum. So section 32(1) of the Act is intended to uphold the Substance and the Effect of the Constitution. A presidential term and the National Assembly term runs concurrently from a general election to the next general election as prescribed by section 80(1) of the Constitution in order to create a single term called a Parliamentary Term as prescribed by section 49 (1) of the Constitution. Simply put, we go to a general election in order to create a Parliamentary Term and nothing more. Any person elected between general elections to either the seat of the National Assembly or office of the President takes a non-term presidency as they are deemed to be elected in a by-election or fresh election as used by the Act. It is also very important to bear in mind however, that a by-election binds any amendments to a Parliamentary Term. Without prejudice and in the spirit of the Constitution of Malawi, I’m of a firm and humble view that the current Parliament led by President Chakwera is in serious and grave violation of sections 4, 5, 11(4), 81(1), 83(3), 196(1) (a) and 193(3) of the Constitution on the amendment of sections 67 (1) and 147(5). In view of the amendments, the current Parliament led by President Chakwera has created a continuous Constitutional crisis because future Parliament could also be at liberty to amend a Parliamentary Term in the event of a by-election of Parliament citing to the current amendment as a doctrine of stare diesis (precedent) notwithstanding that the Constitution binds those amendments. A Parliamentary Term is a fixed one and cannot constitutionally be disrupted by either the election to the office of the President or the seat of the National Assembly.
Twink: You’ve stated that the dissolution of the National Assembly under Section 67(1) is temporary, and that permanent dissolution of Parliament only takes place on the day of the general election. Can you elaborate on this point and how it affects the legitimacy of President Chakwera’s stay in office?
Old Man: Sections of the Constitution should be read in totality and in uniform in order to preserve the conformity and the intention of the Constitution. When the National Assembly is dissolved under section 67 (1) of the Constitution, the elected part of Government that subsist is the President as part of Parliament. Under sub-section 67 (4), the President have the Constitutional power to reconvene the same dissolved National Assembly in the event of Constitutional crisis or emergency. Under sub-section 67(5), notwithstanding with the dissolution of the National Assembly on the date specified in sub-section 67 (1) any member who immediately before the dissolution of the National Assembly in accordance with that sub-section, is a member of the National Assembly shall be entitled to receive his/her remuneration and other benefits up to and including the last day proceeding to the general election. Based on my understanding and interpretation of sub-sections 67(4) and (5) of the Constitution, it is very clear that the dissolution of the National Assembly under section 67 (1) is temporary as Parliament can not function without both the National Assembly and the President, permanent dissolution of Parliament is by default on the day of the general election and after the general election, the President is only surviving in office by the prescription of section 83 (1) of the Constitution. He/ she is in office for transition purposes, to handover power to himself/ herself, his/ her successor in accordance with section 83 (1). The mandate to govern shall be derived from the people of Malawi through voting in general election, by-election, presidential election, local government election and referendum and not through amendment a Parliamentary term. Section 4 of the Constitution provides that:- “The Constitution shall bind all Executive, Legislative and Judicial organs of the State all levels of Government and all the people of Malawi are entitled to the equal protection of the Constitution and laws made under it”. Constitutionally, there are three Arms of Government and two of them are elected concurrently to form a single term of deliberative forum of the State. Section 4 of the Constitution should be interpreted as if all organs of State falls under the Judiciary, Legislature and Executive. In the foregoing, it is very clear according to the Constitution that Parliament is an organ of the Judiciary, Executive and Legislature just like the Reserve Bank, the Malawi Police Services and the Defense Force, but with the power of enacting laws subject to the Constitution between general elections. Parliament is no different to the National Executive Committee (NEC) of a political party. One has power between Conferences and the other between general elections. The spirit of the Constitution is that, the power to amend the Constitution should be derived from the people of Malawi through voting in a referendum. In few cases, Parliament can amend the sections listed in the schedule but there are conditions to be followed, listed in chapter 21 of the Constitution. The current Parliament led by President Chakwera did not follow any of the conditions listed in the said chapter when amending sections 67 (1) and 147(5). So it is well established, a mixed of law and fact that President Chakwera is sitting in office illegally as his term of office ended in May, 2024. Under the Constitution of Malawi, President Chakwera was elected to fill a vacancy created by former President, Peter Mutharika when the High Court declared his election to the presidency void under section 100 of the PPEA. He was elected to finish a presidential term started by former President Peter Mutharika. The fresh election sanctioned by the Supreme Court of Appeal under sub-section 100(4) of the Act is a by-election of Parliament under section 63 (2) of the Constitution. “An Act of Parliament Shall be subject to the Constitution”. In view of section 83 (3) which provides that:- The President, the First Vice President and the Second Vice President may serve in their respective capacities a maximum of two consecutive terms, but when a person is elected to fill a vacancy in the office of President or Vice President, the period between that election or appointment and the next election of the President shall not be regarded as a term”, anyone is at liberty to address President Chakwera as a Constitutional delinquent.
Malinga
Twink: How do you respond to critics who argue that President Chakwera’s administration has the power to amend Section 67(1) and 147(5) of the Constitution, despite your assertions that this is not the case?
Old Man: Parliament “may” amend sections of the Constitution. But there are restrictions to the amendment of the Constitution by Parliament and the use of “May” connotes discretion and not absolute power. On the holding of a general election, Parliament is restricted. The mandate can only be derived from the people of Malawi through voting in a Referendum and further after establishing that the amendment would not affect the Substance and the Effect of the Constitution. Our Constitution was adopted by the people of Malawi in 1994, it is not a document to be tampered with unnecessarily, it is a guide to every person living in Malawi irrespective of their position of power. Frankly speaking, the amendment to sections 67 (1) and 147(5) is not in conformity with sections 4, 83(3) and 196(3)(a) of the Constitution of Malawi. Any amendment deemed to be not in conformity with the Constitution is illegal and the beneficiaries of the amendment are illegal occupants in their respective offices. The mere fact that a sitting Parliament has succeeded in amending a certain article from the Constitution does not make that amendment Constitutional. It can only be Constitutional if what has been amended is in conformity with the Constitution and if the Substance and the Effect are preserved.
Twink: Can you walk us through the process of how a general election should be conducted in Malawi, according to the Constitution, and how this process has been subverted in the current situation?
Old Man: On the process of holding a general election, section 76 of the Constitution of Malawi vets the responsibility to the Electoral Commission of Malawi. Commissioners except the Chairperson/Chairman are nominated by political parties represented in the National Assembly with at least a certain number of MPs. Constitutionally these are public officials accountable to Malawians notwithstanding that they are nominated by their respective political parties and appointed by the President in accordance with an Act of Parliament. Although these Commissioners appear to be more of political party agents, they are constitutionally designed as public officers. We need to do away with political party nominations and totally take away the responsibility from politicians. Parliament should only do its oversight on them. Another problem is the amendment of section 75(1) by the current Parliament on the appointment of the Electoral Commission Chairman. President Chakwera in his quest of absolute power has given himself more powers on the appointment of the Electoral Commission Chairman and this is very bad for our Constitutional Democracy. The gist of section 75(1) is that, the Judicial Service Commission has and not the President has the jurisdiction to assess the competence of one its own members and if satisfied nominate them for the position of Chairman. It is very important to bear in mind however, that the section does not provide for the number of judges to be nominated, the Judicial Service Commission has the power to nominate a single judge and a person so nominated shall become a Chairman forthwith. The intention of the Constitution is that, politicians should not meddle in the nomination of the Electoral Commission Chairman. It wouldn’t be the intention of the Constitution to allow politicians to appoint a ref to officiate their own match. An Act of Parliament which only recognizes ID documents issued by NRB is inconsistent with the provisions under section 77 of the Constitution of Malawi. ID document should be legally understood as any document containing the particulars of an individual be it a driving license, passport, health passport book etc. I’m of a firm view that all eligible voters should be allowed to register to vote as long as MEC officials are satisfied with the information provided to them. MEC and not Parliament shall have full jurisdiction over general elections according to the Constitution.
Twink: What are the implications of President Chakwera’s illegitimate stay in office for the stability and legitimacy of Malawi’s democracy?
Old Man: In President Chakwera, we have a person who knows that he is clinging to the office of the President through an unconstitutional means. Have you wondered how his administration has dealt with people trying to express themselves through peaceful demonstrations despite him coming into office on background of the same demonstrations? President Chakwera knows very well that demonstrations could lead to his own downfall. He knows that the Supreme Court of Appeal led by former Chief Justice Andrew Nyirenda, SC and E.B Twea, SC found that the Constitution did not envisage the amendment to a Parliamentary term in the event of a by-election of Parliament and whoever was elected in 2020 by-election would take a non-term presidency up to May of 2024. The instability and political intolerance we are witnessing in Malawi is the result of President Chakwera’s illegitimate stay in office. A person we believed to be a leader has become a ruler thereby creating a non-conductive atmosphere for the citizenry. He has paralyzed the institutions that support our Constitutional Democracy by making them his personal belongings.
Twink: How do you think the judiciary should respond to the current situation, and what role can they play in upholding the Constitution and ensuring that the rule of law is respected?
Old Man: Section 9 of the Constitution vets the responsibility of interpreting, protecting and enforcing the Constitution and all other Laws exclusively to the Judiciary. Courts of Law and judges decide cases on the basis of evidence presented before them. All persons and institutions shall observe and uphold the Constitution, so the responsibility to protect the Constitution and all laws is for all persons and institutions. The Judiciary is a guest waiting for an invitation letter, it cannot intervene where it is not invited. It is the responsibility of a responsible citizen to help the Judiciary achieving its role in Society. The doctrine of separation of powers is adhered by all three Arms of Government notwithstanding that the High Court under section 108(1) and (2) of the Constitution has the unlimited power and original jurisdiction to determine the validity and invalidity of the Acts of Government (Parliament) for the conformity with the Constitution. I would suggest that citizens and civil society organizations should take the leading role in insuring that the rule of law is respected. We need to Civic educate one another both in mind and morals and in doing so we would be able to create a better society
Twink: Can you comment on the role of the Malawi Electoral Commission in the current situation, and how they can ensure that the electoral process is conducted in a free and fair manner?
Old Man: The Malawi Electoral Commission has a big role to play in as far as ensuring that Elections are held in a free, fair and peaceful manner and in compliance with section 76 of the Constitution and all other Laws. In the current situation, MEC should try its best to address the concerns raised by the stakeholders and the general public as to protect and preserve the integrity of the institution entrusted to determine the next group of people to run the Government affairs in the next Five years. I would recommend that MEC should suspend the use of smartmatic machine for the incoming general election and revert to the manual one used by Justice Chifundo Kachale during the 2020 presidential by-election. Political parties represented in Parliament should take the blame for the crisis we have found ourselves in, they are the custodians on how MEC should operate, they enact laws that even themselves don’t understand and later cry foul on the same. Most of the Laws enacted by President Chakwera led Parliament are found wanting, they appear to be inconsistent and against the intention of the Constitution. A President as leader of Parliament has a big role to play in ensuring that the Bill(s) he is assenting to are consistent and in conformity with the Constitution. MEC appear to be at odds with the public today because of some stupid laws enacted by Parliament for MEC to comply with in execution of duty.
Twink: What message do you think the international community should be sending to President Chakwera’s administration regarding their illegitimate stay in office?
Old Man: The international community is equally asking questions on why our election calendar has changed and what necessitated the change. What has happened in Malawi, has never happened in a Constitutional Democracy. The Constitution cannot be amended for the sake of an individual or an elite. Our Parliament amended the Constitution because of President Chakwera’s election to the presidency. In any democracy, an amendment of the Constitution cannot benefit a sitting Parliament responsible for the amendment. In our case President Chakwera unconstitutionally amended the Constitution in order to award himself a full presidential term in the event of a by-election of Parliament. What a shame to my mother Malawi. What is so special about the presidency that one should put the lives of 20 million plus people at ransom and the Constitution he was sworn in to defend in taters? Why not putting the integrity of Malawi and the interest of its people before theirs.
Twink: Can you discuss the potential consequences of allowing President Chakwera’s administration to continue in office illegitimately, and how this could impact the future of Malawi’s democracy?
Old Man: Allowing an illegitimate President to stay on in office is bad for our young democracy because we have created a precedent that future Parliaments would use to amend a Parliamentary term in the event of a by-election of Parliament, something that is not supported by the Constitu
Nduna yazachitetezo cha mdziko lino Dr. Ken Zikhale Reeves Ng’oma ayamikira a Vitumbiko Mumba posankhidwa kukhala nduna ya za ntchito.
A Ng’oma ati kusankhidwa kwa a Mumba ndi chitsimikizo chakuti mtsogoleri wa dziko lino Dr. Lazarus McCarthy Chakwera amalemekeza maganizo a Amalawi omwe kwa nthawi yaitali akhala akufunitsitsa kuti nzeru za a Mumba zipezeke pa mndandanda wa nduna zaboma.
“Ndikuuzeni chilungamo chakuti sindidadabwe kuti bwana (Mtsogoleri Dr. Lazarus McCarthy Chakwera) asankha a Vitumbiko Mumba kukhala nduna ya za ntchito. Vitu ndi wachichepere koma ndi mtondo pa ntchito. Wangoyenera monga katswiri. Ndikuwafunira zabwino zonse a Vitumbiko Mumba. Mulungu awatsogolere,” atero a Ng’oma.
A Mumba alumbilitsidwa paudindowu ndi President Chakwera pamwambo omwe unachitikila Ku Mzuzu
