The Courts have overstepped mandate on Chaponda

Jan 12, 2017 MwanaMwa 73
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George Chaponda

The news that Malawi High Court sitting in Mzuzu has ruled that Minister of Agriculture, Mr. George Chaponda, should be suspended pending outcome of the investigation into the maizegate scandal has been welcomed with jubilation. For ‘well-wishing’ Malawians, Chaponda’s ‘suspension’ is overdue and the courts must be patted on the back for making such a bold judgement!

George Chaponda
Suspended!

It is for this that I would like to be counted as a not-so-well-wishing Malawian. I personally consider the ruling as a sign that the courts have overstepped their mandate and are sailing towards a dangerous precedence. Taking a treacherous path that will, in the end, only have the Courts smiling but the nation wailing.

The Constitution is very clear on who has the mandate to hire, fire and presumably suspend a minister.

Section 95 (2) of the Malawi Constitution clearly affirms that the President possess “the power to remove Ministers or Deputy Ministers from their posts” just as Section 94 gives him the mandate “to appoint Ministers or Deputy Ministers and to fill vacancies in the Cabinet.”

I am trying to come into terms with the section the Court has interpreted where they can rule to have a minister suspended.

The danger of letting this precedent be set is that it  is the Constitution, the supreme law of the land, that we are trampling on; and the separation of power that is expected to be respected by all arms of the government.

We might be jubilant today, celebrating because it is Chaponda – a villain – whom the Courts have decided to punish. Tomorrow, it will be us on the sad end of the Courts’ wrath.

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73 Comments

  2. ever since i waz born i have never see boma lakuba, kupha, katangale lopanda chtetezo ngat ili DPP. vuto ndlakut atsogoleri onse ndi akuba starting from leader and his cabnet. wakuba akuyenela kumangidwa ndpo chlungamo chyende ngat madzi. who’se supose to be respected btwn politicians/ mps and the voters? they are there bcoz of us and its us who can pull them down. lemekezan nd kukonda dzko ndi anthu anu inu anyani andale

  8. Kuganiza mopusa uku! Court can intervene where ever an individual feels their right has been infringed! As in this case Mr. Kajoloweka filed the complaint and after reviewing the reasons the courts saw it wealthy to make the decision! Even in school the school disciplinary committee has the powers responsible for suspending a student but once a court intervenes the suspension gets lifted

  9. NDINUDI MBULIDI,siding thieves uku mizimu ya anthu ambili ikudadaula,ur defending chaponda Who is he? La 40 limukwanila ndi iwe walemba zopusazi

  10. zosezi vuto ndi bakiri anatirakwira amalawife kwambi pano alomwe atasa kukhalangati dziko ndilawokha basi amagopanga zithu mene akufunira papa tiwona ngatizingatheke ifekwathu kumava ndikuwona basi

  15. Kkkkkk kumphedwa kwa uyu Issa Jounjo…Chasowa Robert..mpaka lero zero…lero nde achikulile kuchipani asakoneza ma terminal pamenepa Dpp ikukanikatu…we dont have tu blame court…but gvt..zachisoni anthu ati ophunzira zikuwanvuta kkkkkkk dpp kkkkkk kuba basi…

  16. they said passed government of JB was a corruption known as cashgate @ capital hill,now maizegate.lets wait and see how it will b,DR chaponda has been exposed in front these are chain so blame should go to president why he is just looking on they confuse us by committee of enquire to investgate former MEC board chair anastazia msosa,she will bring the result kukomera bcoz naye ndi boma kale.ntchto ya ACB ndi chani?let us keeping paying taxes to government inorder to develop them.rich people feed on poorer people,

  17. they said passed government of JB was a corruption known as cashgate @ capital hill,now maizegate.lets wait and see how it will b,DR chaponda has been exposed in front these are chain so blame should go to president why he is just looking on they confuse us by committee of enquire to investgate former MEC board chair anastazia msosa,she will bring the result kukomera bcoz naye ndi boma kale.ntchto ya ACB ndi chani?let us keeping paying taxes to government inorder to develop them.rich people feed on poorer people,

  18. my opinion is that the price of maize is this high because of amiddleman in zambia chaponda has alot of political power to remove the middle man and reduce the price of maize so poor malawians can afford not resigning or being fired the solution shud be maize price back to 3000/50kg the boma shud find other means of repaying the loan all this hullabaloo wil yield nothing.

  25. The court has overstretched its mandate which is to interpret the law, the courts have no mandate to suspend a cabinet minister, it is only the appointing authority(president) has mandate to appoint and dismiss cabinet ministers under the constitution, section 94 of the republican constitution

    1. know dat he is under investigation dats y he has to be suspended coz he don’t want to resign n de president has failed to act on dat

    2. Who appointed Chaponda? The Court or the President? The court was supposed to interpret the law and give insight to the appointing authority to suspend Chaponda and not playing the role of the appointing authority who has the right to hire, suspend, reshuffle and fire the cabinet.

  30. It doesn’t matter who is the “Victim”,as long as the court verdict is justifiable,it should be celebrated.Mutharika is playing “phada” with Malawians…he must resign for not taking his oath of office seriously.He plays delaying tactics in investigating matters of great concern for bonafide Malawians like corruption allegations in his administration and that of his departed brother…of what use is he to Malawians if he can’t do what the people want.Parliament should FIRE him..Period!

  31. If we had Strong Leaders who could know to act when some wrong happens i think we could have a better Malawi, and the issue could have not reached in court. Show justice and dont fear of tomorrow it will be on us if i we will do wrong let the truth be seen in good time, Thumb up to people who brought the issue to cour t.

  32. no one is above the law, these thieves do not own this country! tired of this stupid savage party making malawians suffer!

  34. Tidzimva, Tidzuona we don’t have anything to say. Ngati kuli kuda zathu zinaderatu, Tikayesa kumenyera ufulu zimakobe omwewo, akulemerabe omwewo. Nanga ife titani?

  35. We should not look at personalities. Issues and what is involved.
    Since 2013 some people have been convicted on Cashgate. But we hear this has not stopped from cashgating. Why do these not think in those line and stop thieving.

  37. i think its high time that Dr Chaponda should show to Malawians that he is a well matured & fit to be a leader by step aside & allow the investigation to be carried out while he is not holding any Ministerial position let his name be cleared & prove that he is a person who was once a deputy to UN Secretary General! Dr Chaponda plz pa low!!

  41. President advisors are to blame for not telling the president the truth and on the other hand, the President himself could have already suspended the minister. Indeed , One arm of government have failed to perform its duties especially the executive. Why it allows to continue sharing cakes with one of their rotten fish?. There will be no better Malawi if we keep on watching wrongdoings taking place without acting.

  44. akuziwana amenewo kkkkk angatani nawonso apasidwe sus sitifuna zopusa ife

  46. Oohooh! I think it’s high time now Malawians should stop fearing justice just because tommorrow it might be me. This is the which kills Malawi. If am under investigation whether it will be whosoever a way should be paved for proper investagnation. Anthu osakonda dziko lakwanu!

  48. Mwana Nkhoma no one is above the law.If you kill expect one day to be killed.Why should the courts be afraid of politicians who come and go.Justice has to be applied on all not looking at the status position region and the party he belongs to.Sin is sin never to be sugar coated.Mwana Mwa Nkhoma revisit your argument

  52. DPP yili sorrounded ndi mbava zokhazokha zianthu zosakhutisidwa, zakupha, zopanda chisoni ndi anthu awo zoona azako akudandaula njala iwe ndikutengerapo mwayi kuti uzilemelerapo zachisoni

  54. MY MAN MICHAEL USI MANGANYA IS HERE TO SAY : ALI NDI ABWIYAWO, REMAMBER : MBUYA WA TIMBUYA TONSE NDI MULUNGU, ANTO OWONA VONSE AND WILL DEAL WITH THEM, MULOWELERE AMBUYEEEE INUU !

  55. Ife ngati nzika tili okondwa pa zomwe lachita court pa nkhani ya Chaponda,President ndi nduna zakezo asamatidyere masuku pamutu nkumadzilemeretsa eni akefe tikuvutika,well done the courts .

  57. koma mubthu ameneyu mukuti ndimusogoleri ndithu? ayayayayaya!!! he is associated with many scandals and it seems he is also so cunning!!

  58. The courts have Overstepped? what are u trying to say? who and what are you? Oh! so u wanted the courts to back Chaponda with such massive allegations of Theft? I think you are really Out of place!!

  61. ndiye akanangopanga resign okha abwanawo mpaka kufufuza kuthe kenako akanazawabwezerapo pampandopo!! koma kakakakaka anthu amadabwa nawo!!!

  63. shud we allow and pay a blind eye to wrong doings by others for the fear that tomoro it might me us in d same situation? fallacious

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