STATEMENT BY LEADER OF THE OPPOSITION IN PARLIAMENT
HONOURABLE KONDWANI NANKHUMWA, MP, ON PAC RECOMMENDATION TO FIRE TWO MEC MEMBERS
I am utterly dismayed and disappointed by the recommendation made on Monday, February 15, 2021 by the Parliamentary Public Appointments Committee (PAC) to His Excellency President Lazarus Chakwera to dismiss from their positions Malawi Electoral Commissioners Mrs. Jean Mathanga and Ms. Linda Kunje. The two MEC Commissioners were sponsored by the Democratic Progressive Party (DPP).
I find PAC’s recommendation as unjust considering that the re-appointment of the two commissioners by former President His Excellency Professor Arthur Peter Mutharika has many legal implications that need careful consideration.
Furthermore, the Attorney General Honourable Dr. Chikosa Silungwe, the government’s 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.
In his legal opinion, the Honourable Attorney General suggested that when all facts of this matter are considered, the government must opt to be bound by the re-appointment of the Commissioners.
As Leader of the Opposition in Parliament, I hold the opinion that PAC has misled the President on this matter. The PAC’s decision is morally, legally or politically unjustified.
I am well aware that one of the constitutional functions of PAC is to discuss public opinions and formulating reasoned conclusions. However, I find PAC’s recommendation to the President and the process preceding it deeply flawed.
I find the PAC recommendation as politically-motivated, malicious and only aimed at serving political interests of none other the President and those of the ruling Malawi Congress Party (MCP). It is a decision driven by hatred against the DPP and anyone perceived to be its member or sympathizer.
Indeed, while PAC has the constitutional mandate to make recommendations to the President in respect to public appointments, the committee should have seriously resisted the temptation to interfere in an issue that may attract costly litigation on the part of the government. This possibility has been adequately addressed by the Honourable Attorney General in his legal opinions.
I wish to implore upon President Chakwera to ignore the parliamentary Public Appointments Committee’s recommendation on the two MEC Commissioners. Instead, the President should adopt the legal opinion by the Honorable Attorney General. The President should be the first person to uphold the rule of law and constitutionalism in Malawi.
Most importantly, the President must be the last person to fan the flames of hatred among Malawians, which have come to dominate the country’s political landscape since the last elections.
Finally, as Leader of the Opposition in Parliament, I would soon be engaging the leadership of PAC to understand how the committee arrived at such a spurious decision.
Honourable Kondwani Nankhumwa, MP
LEADER OF THE OPPOSITION IN PARLIAMENT
16 February 2021
This is how dictators rise to untouchable levels. The speaker is the worst thing malawi has ever have. This is true indication that we are ruled by dictators who are bent at twisting everything seeing as a threat to them to protect their legacy for good. In a democracy suspending people because they are presumed blue eyes? What a shocking!!! There is more dramma to come just wait and see. Those commissioners were appointed by dpp and they represent dpp period. Why dictating on every 1? Eish, koma this speaker, mmm..mmm.