Following the rescission of the appointment of two Malawi Electoral Commission (MEC) Commissioners Linda Kunje and Jean Mathanga, Attorney General (AG) Chikosa Silungwe has directed that the elections governing body be dissolved.
In a letter dated April 13, 2021 and addressed to MEC Chairperson Chifundo Kachale, Silungwe said the dissolution is in accordance with Section 75 (1) of the constitution.
“One of the effects of the rescission of the appointment of the two Commissioners is that there is no Electoral Commission in accordance with section 75(1) of the constitution. My advice is that the remaining members of your cohort should not discharge any duty or power of the Commission under the Constitution or an Act of Parliament until section 75(1) of the Constitution has been complied with,” reads part of the letter
Section 75(1) of the Constitution reads; “There shall be an Electoral Commission which shall consist of a Chairman who shall be a Judge nominated in that behalf by the Judicial Service Commission and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament.
Last year, Silungwe advised the Office of the President and Cabinet (OPC) to formally write appointment letters for Kunje and Mathanga following their reappointment by former President Peter Mutharika
“I opined that when all the facts are considered, government must opt to be bopund by the appointment of the reconstituted commission. I am fortified that this is neater and mature political pragmatism
“I urge the Office of the President and Cabinet to formallly write commissioners on their appointment,” stated Silungwe.
Contrary to the advice, government through Secretary to the President and Cabinet Zangazanga Chikhosi fired embattled Mathanga and Kunje on Tuesday, April 13.
According to Chikhosi, the decision is upon the basis that the Supreme Court of Appeal found the two to be incompetent in its judgement on May 8, 2020.
“The rescission is on the basis that you were adjudged incompetent by the Supreme Court of Appeal on 8th May, 2020 in MSCA Constitutional Appeal no. 1 0f 2020 regarding the manner in which you handled the 2019 general elections.
“Consequently, by operation of the law and pursuant to section 75(3)(b) of the Constitution, your appointment was rendered defective, as you were disqualified for appointment as an Electoral Commissioner in the light of the Supreme Court determination” contends Chikhosi. (Malawi.atlas.com)
Sulungwe aaaaa, where were you during elections? Why the wait, who were suppose to remove these two in their office? Dpp as a ruling did nothing and allowed them to continue. Blame Dpp and let it take responsibility for the current ruling party followed what Mec told them.