Law scholars in the country have backed the decision by President Professor Peter Mutharika to withhold his assent to electoral reforms bills describing the decision as constitutional.
The Malawi leader returned to Parliament four electoral reform bills which were passed in Parliament in February. He argued that they were in conflict with the Constitution.
Commenting on the matter, Sunduzwayo Madise, Dean of the Law Faculty at Chancellor College, said President Mutharika has the powers to assent or withhold assent to bills and nobody can challenge the decision.
“The law gives him (the President) the power to either assent or withhold his assent. So you cannot challenge the President’s withholding of assent if it has been done in compliance with the Constitution,” said Madise.
He added: “If the President withhold assent to a bill he must give reasons and forward them to the Speaker and Parliament can then debate the Bills again, if it desires, but can only do so after 21 days from the day of withholding the assent.”
Another legal expert, Charles Mhango, also backed President Mutharika. He said the laws empower the president to scrutinize the bills before assenting to them, and that he has done according to the law.
The Constitution of the Republic of Malawi under section 73 states that the president has the powers to assent or withhold assent to a bill.
President Mutharika, a Constitutional Lawyer of global acclaim, took an oath of office to defend the Constitution.
