RALPH KASAMBARA TELLS CHAKWERA TO FOLD HIS HANDS: Agrees with Nankhumwa and AG on MEC Commissioners

Well known legal minds, Ralph Kasambala (SC) has told President Lazarus McCarthy Chakwera to simply go “to the stands and fold his hands” as he watch stallholders embark on legal fight after people asked him for his legal opinion on the matter.

Writing on his Facebook Page, Kasambala, himself a former Attorney General and Justice Minister has urged the President not to listen to the Public Appointment Committee ( PAC) which has recommended to him to fire Commissioners Dr Jean Mathanga and Mrs Linda Kunje but refer the matter to the High Court for Judicial Review.

My simple answer is this:

“State President should refer the matter to the High Court for it’s opinion as to whether the recommendations from PAC are in line with constitution and Electoral Commission Act. Alternatively the following questions should be posed to the High Court by the State President as referral issues: whether the current Electoral Commission is properly constituted or is validly constituted in line with the written laws of Malawi and secondly if not, whether the State President can dissolve the same and appoint new commissioners,” said Kasambala who served as Attorney General twice in this country under two adminstrations of late Professor Bingu Wa Mutharika and Dr Joyce Banda respectively.

Kasambala has strongly suggested that in the unlikely event that the High Court answers the first question in the affirmative, the State President is better advised to leave the matter as they are. He must simply go to the public stands. Fold his hands. And watch only the stakeholders embark on legal fights.

The legal opinion of Kasambala goes in line with the Leader of the Opposition in Parliament Kondwani Nankhumwa who has released a Press Statement urging the President Chakwera not to fire the two Commissioners because that will create unnecessary legal battles a think that can be avoided now.

“I am utterly dismayed and disappointed by the recommendations of PAC,” said Nankhumwa in his statement released on Tuesday,February, 16, 2021,arguing that the PAC’s recommendation was unjust considering that the reappointment of the two commissioners by former President Peter Mutharika has many legal implications that need careful consideration.

“Furthermore, the Attorney General Honourable Dr Chikosa Silungwe, the Chief Legal Advisor, recently gave a legal opinion to the effect that the best way to resolve this matter is to maintain the status quo or through a judicial review,” said Nankhumwa who is also DPP Vice President for the South.

Kasambala is one of best legal “gear boxes” in the country with vast experience in litigating of high profile cases in the country.

If President Chakwera goes disregards Attorney General advice on the matter, and he fires the two, the case will end up in courts and the same Attorney General will be needed to defend the President on his decision.