…cautions govt to follow constitution during deployments
ALLIANCE FOR DEMOCRACY
Office of the President
Press Statement
For Immediate Release: Dated: 6th February, 2025
AFORD WELCOMES WITHDRAWAL OF MALAWI SOLDIERS FROM DRC, CALLS FOR CAUTION IN FUTURE DEPLOYMENT
As we continue standing in solidarity with the families of our fallen heroes, our hearts heavy with grief and our minds filled with questions, we are compelled to register our ultimate sacrifice that our brave men and women in uniform make every- day. It is in this spirit of solidarity and compassion that we welcome President Chakwera’s decision to evacuate Malawi soldiers from the Democratic Republic of Congo (DRC), especially after the recent killing of three soldiers by the M23 rebels.
This comes as a relief to many Malawians who have been calling for the withdrawal of our troops from the peace- keeping mission. I had made a public statement urging President Chakwera and the Minister of Defense to immediately withdraw our soldiers from DRC. I would like to sincerely commend President Chakwera for listening to the calls to withdraw our soldiers from the mission, and wishes to emphasize the need to follow proper procedures when deploying Malawian soldiers for peace- keeping mission.
Under Malawi’s Constitution, the deployment of the Defense Force outside the country’s borders is subject to specific legal requirements. Section 160 (1) (d) stipulates that no part of the Defense Force shall be deployed outside Malawi for more than ninety (90) days without the approval of the National Assembly. The specific part of Malawi’s Constitution that requires Parliament to approve the deployment of forces abroad is section 161(2).
It states:
“The Defense Forces shall not be deployed outside Malawi for military purposes unless so approved by a resolution of Parliament”.
This means that the Malawi Defense Force (MDF) cannot be deployed for military operations, including peacekeeping missions, without prior approval from Parliament. If the President deploys troops internationally without obtaining the necessary parliamentary consent, this action may be deemed unconstitutional. In such instances, the following resource mechanisms are available.
- Parliamentary Oversight: The Defense and Security Committee of the National Assembly is empowered to scrutinize military deployments. This committee can summon defense officials to account for their actions and ensure compliance with constitutional mandates.
Public Interest Litigation: Civil Society Organizations or individuals can initiate legal action, challenging the deployment’s constitutionality and seeking remedial measures.
Judicial Review: Concerned parties can petition the judiciary to review the legality of deployment. The courts have the authority to interpret constitutional provisions and can rule the deployment unconstitutional if it contravenes section 160.
It is parliamentary approval is a clear constitutional violation.
Therefore, obtaining the National Assembly’s consent is mandatory for extended military engagements abroad. In conclusion, we remember the faces of our fallen heroes, their smiles, their laughter and their dreams. We remember their families they left behind, the children who will grow up without a parent. We remember the sacrifices they made, the bravery they showed, and the ultimate price they paid for our freedom and peace.
May God Bless our soldiers, may God bless our families, and may God bless our nation.
Rt. Hon. Enock Kanzingeni Chihana
AFORD PRESIDENT
