By Twink Jones Gadama

A constitutional storm is brewing in Malawi as President Lazarus Chakwera’s time period of workplace got here to an finish in May 2024, sparking heated debates about his legitimacy to stay in workplace.

According to Old Man Malinga, a famend constitutional professional, primarily based in South Africa, Chakwera’s keep in workplace just isn’t supported by regulation, and the nation ought to have carried out normal elections to elect a brand new Parliament earlier than September.

The controversy revolves round Section 67(1) of the Constitution, which stipulates {that a} presidential time period runs concurrently with the National Assembly time period.

This provision is supposed to make sure that the President and the National Assembly are elected concurrently, thereby sustaining the steadiness of energy and selling accountability.

However, Chakwera’s administration has been accused of trying to subvert this provision by amending Section 68(1) of the Constitution, which offers with the dissolution of Parliament.

The modification, which was made with out a referendum, has been deemed unlawful by Old Man Malinga and different constitutional specialists.

“The Constitution is clear that a presidential term runs concurrently with the National Assembly term,” Old Man Malinga defined. “By attempting to amend Section 68(1) without a referendum, Chakwera’s administration is trying to undermine the Constitution and extend their stay in office illegitimately.”

The implications of Chakwera’s illegitimate keep in workplace are far-reaching and have sparked widespread outrage amongst Malawians.

Many are calling for the speedy dissolution of Parliament and the conduct of normal elections to elect a brand new President and National Assembly.

“We cannot allow Chakwera to continue ruling our country illegitimately,” mentioned Human Rights activist Pastor Moses Shumba. “We demand that he steps down immediately and allows the country to hold free and fair elections.”

The state of affairs has additionally raised considerations in regards to the independence of the judiciary and the flexibility of the courts to uphold the Constitution.

Old Man Malinga has known as on Malawians to petition the High Court to declare a emptiness within the workplace of the President and to right away dissolve the Parliament elected from the 21 May, 2019 normal election.

“The judiciary has a critical role to play in upholding the Constitution and ensuring that the rule of law is respected,” Old Man Malinga mentioned. “We urge the courts to act swiftly and decisively to address this constitutional crisis.”

As the state of affairs continues to unfold, Malawians are holding their breath, ready to see how the constitutional disaster can be resolved. One factor is obvious, nevertheless: Chakwera’s illegitimate keep in workplace has sparked a nationwide debate in regards to the significance of upholding the Constitution and respecting the rule of regulation.

In a associated improvement, Chakwera has been quoted as saying that he deserves a second time period in workplace

However, this declare has been met with widespread skepticism, given the controversy surrounding his illegitimate keep in workplace.

As the nation teeters getting ready to a constitutional disaster, one factor is obvious: the way forward for Malawi’s democracy hangs within the steadiness.

Will the judiciary rise to the problem and uphold the Constitution, or will Chakwera’s administration reach subverting the rule of regulation?

The put up Chakwera’s Illegitimate Stay in Office Sparks Constitutional Crisis appeared first on The Maravi Post.

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