Mutharika sticks with Chaponda: I have powers to fire or suspend Ministers, not the courts

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Malawi leader Peter Mutharika has faulted the courts’ decision to suspend George Chaponda saying only the president has powers of firing and hiring cabinet ministers.

On Thursday, the Mzuzu high court ordered for the suspension of minister of agriculture, Irrigation and water development Chaponda following the controversial maize purchase in Zambia.

The development followed a court application by Civil Society Organizations (CSOs) that demanded Chaponda to leave his ministerial office to pave way for investigation.

In his ruling, Justice John Chirwa ordered Chaponda to cease being a minister until proven clean on the transactions made with Zambian private company Kaloswe in which billions of money has been wasted.

Reacting on the court ruling through a statement, Government Spokesperson Nicolas Dausi has faulted the order arguing that Mutharika remains the only citizen to take action on cabinet ministers.

George Chaponda

Chaponda (left) get Mutharika’s (C) backing.

“The power to appoint and suspend a Cabinet Minister, under the Constitution, vests in the President as stipulated in sections 92 to 96 of the Constitution of the Republic of Malawi. No person, apart from His Excellency, the State President, exercising his constitutional powers, has the power to remove or suspend a Cabinet Minister. It is therefore a complete usurpation of executive powers by the Court to grant an order like the one made by the High Court in Mzuzu.”

“Government notes that the order has been granted pending an application for judicial review. Judicial review is the process of reviewing a decision made by a decision-maker. The circumstances surrounding the order make it clear that there is no decision that has been made which would impel a court to make an order that effectively suspends a cabinet minister,” reads part of statement made available to Malawi24.

The statement further disclosed that government will challenge the ruling through the attorney general to ensure that Chaponda remains minister.

Meanwhile, government has urged the judiciary to avoid being influenced by people’s opinions when making rulings.

“While Government recognizes the fact that every citizen has a right of recourse to courts for genuine grievances, the Judiciary is urged to execute its mandate in an impartial manner and resist the temptation of making populist decisions which cannot be supported by relevant facts and the prescriptions of law,” reads the Statement.

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275 Comments

  1. Am not surprise ,this President don’t care about corruption ,u can say what ever u want but don’t think this so called President is wana fire chaponda, u see the problem of electing old pple to lead us? This magogo will go back to USA after he lose power in 2019

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  3. Tengelanipo phunxiro inu amene mumati, mavote akaponyedwa kumaonjezera.kudela oponya vote 10.000 wina komweko kumapeza 50.000 zotsatira zake ndizimenezi. 2019 ma miracle vote sitikuwafuna plz.

  4. Usamale pitala…nthawi yako yoti uyaluka yayandikila,pitilizani kuba kwanuka koma chimene muyenela kudziwa nchakut,PALIBE MUNTHU AMENE ALI PAMWAMBA PA LAMULO. Pamene mulupo simunathepo zaka zinayi koma mukutumbwa ngati kuti munamalizapo term,muona polekela inu.

  5. Fully agree on this one however the fact that good governance always reflect the wish of the citizens of the republic should be given a first priority

  6. I dont see any problem here!! what I can advise Peter and Chaponda is to add more and more fire!! if there is anything you want to steall in our beloved country please I beg you do that without fear!! These Malawians voted for you!! This is what they wanted!! I know malawians!! kusachedwa kuyiwala,,munthuyu mukuti Peter anakhalako mu maunduna angapo koma eeeish!! nde amaona ngati asintha poti lero ndi Prezident?? No wonder moto kuti buuuuuu Peter ndi Chaponda keep it up!!!!

  7. Mr President you need to take off that “hat” of friendship and put on the president one and act on this nonsense once and for all. This should not be condoned

  8. Malawi forget APM will not act as pe High Court verdict to suspend George. The man is heartless and is in robust health eating sausages at State House. Just to remind George will 2019 Elections on a DPP ticket if they have managed to unseat Noel Chalamanda on Mayoral seat eventhough he was a performer what can them to vote George a Failure that is typically qualities of most southerners. They dislike perfomers, critics and love savages, failures, etc . We will wait and see how the robust health will last. God help us!

    • Hmmm, bwana Nicholas Chirwa osakalipa. chonde bwana, osamanyoza choncho. Ndife amodzi. Udani siwabwino. Mau abwino, ndi Madalitso osati utukwana, unyoza, mpaka ukolopola Malaya zomwezi??? kkkkkk mtima pasi bwana.

    • Abwana zaonjeza anthu okulira ku America kufanana zochitika ndi okulira pa Mulanje ndiye tikhulupilire ndani? Dzilo silitha akatula pansi udindo ndipo atha kupanga mbiri yabwino Commission of inquiry itamupeza osalakwa

    • Nicholas Chirwa kkkkkkkk…. tawonani kuti mailing nawo so adatinyanyala. Kuba! Tsopano pafunika kuti rose tigwirane mania kuti tithandizane. Ndi cholakwika kuti tiziyambana tili pa Umasiye. Munthu m’modzi mavuto athu sangathe! Koma ugwirana manga basi! Anthu tomato Kamuzu oops, a chair oops,!Bingu pips, Joyce Banda pupa, Peter oipa……. rose oipa tsopano. Mukuwona bwa???

  9. The courts helped u out for that u sure must be thankful coz tinayamba mpadzana kunena kut chaponda apume kae koma simumava ndelero musakambepo zopusazo iyaaaa…kuzilowela kuba basi chimakhala chili chan? Ufitu eti? Mukapusa2 muziona atlist the court knows wat’s best at the moment

  10. Problem is us we don’t make we just folllow there our leaders forget that they rulling the country they treat us as their own chidren.

  11. kodi ma court alibe mphavu lero? sima court omwewa ankagamula usiku uja kuti mukhale president lero? mmmmhh koma DPP?

  12. So many comments with great ideas of why the guys has to step down,and all of which am sure the president guy know it is the right thing to be done on this issue.confused and hard to understand why the leaser would still think its his only right an self priotise on the nation matter. Its not the only me has or only me can.we all lead Malawi and we are all leaders for our nation in one way or the other. Its the citizen that pays the guy and so we are his boss, allow us to fire him whenever we want and when we find you not acting. My mother Malawi my home I happens to be proud of, there will be no another Malawi.

  13. Mr President I know for sure tht u have to suspend any Minister in ur government and apa court lalowerera mbali yanu so bwanji inuyo being the power guy than court osamubwezeresa?

  14. Chaponda is the president of Malawi. That why he challenges Mutharika that he can’t remove him on cabinet. Chaponda sitinamusankhe ndife kukhala minister adamusankha ndi Mutharika ndiye ngati akukana kutula pansi udindo akumuderela mutharikayo.

  15. Mr president if you cannot act you are against the court remember no one is above the law including you act now else we will force you to go back where come from you are here to demolish malawi.

  16. If muthalika has power to Fire and Suspend,Why dont you Fire Chaponda ???????????????????????? The people gave u that power.The very pple want Chaponda fired,Do it then.

  17. SEND ATHIEF TO CATCH A THIEF,MR APM KNWS WHY.KKKKKK HOSA DPP WTH CASHGATE,BRITAIN HS ALSO GVN ANTHR MNY,SHARE IT WTH CHAPONDA AND UR SQUARD AS USUAL KKKKKKK

  18. remember it’s those pipo who put you there and give you that authority of that powers, know that 2019 it’s just around the corner those pipo you don’t respect it will be the same pipo who are going to step you down.

  19. Mr president we love you so much but this issue you must take it into an action ( show your love to people who voted you to that position please )withiout to do so mmmmm we start to suspecting you some how , i hope you know some thing about this and am regreting my vote .

  20. Deruded and puppet president ever seen. He is useless and doesnt have a clue to be a leader let alone president of a country. Its a shame he is a president of Malawi. Shame. Am sick and ashamed to be Malawian.

  21. Sometimes I get confused with our reasoning. The same people who advocate for separation of powers are busy applauding the court for overstepping it’s boundary. Granted, Chaponda has to step aside either by himself (resignation) or the President should suspend him in order to pave way for smooth investigations. The fact that the President seems adamant to suspend Chaponda, it does not mean that another branch of government can do it. Let’s be consistent in our reasoning or if we don’t understand what’s happening, it’s good to remain quiet.

  22. Mumamulephera Joyce Banda kumuchosa through courts nkhani za cashgate umboni opezekeratu ndiye mukufuna anzanu atulupansi pa nkhani yopanda umboni APM up to 2019

  23. Wat does our constitution say ? No court on the Land has a mandate to fire nor Hire a minister but the president only. Morally if Malawi was America both chaponda and APM cut have voluntarily resigned but lets accept this is Malawi. Mark my comment come Tuesday the injunction will have been vacated ; chaponda will still b a minister ; the commission of enquiry will find nobody at fault coz all the documents relating to the purchase will go missing and false docs will surface thts African politics lets just accept it and move on to our usual lifes

  24. I think the best way is to step down the president and then the fucken ministers. President is the one who is bringing these problems: maizegate,cashgate just to mention afew but through ministers! He is responsible to do whatever he can because he fears nothing. Mabungwe nawoso kuphatikizapo a PAC lero kuli ziii! Kodi munthu wamba ngati ine madandaulo anga angamveke? A PAC nthawi ina yake adayambapo koma kungowafumbatitsa kammanja lero sakunenapo kanthu!

  25. Bt why do we still have courts if we can’t obey their ruling? Is it not the same judges that announced the winner in 2014 general elections…

  26. There wz issue way back,whn Khumbo kachale seize beds @ mponera hospital,,we as malawian we made alot of noise he changed his decision..GC leave the office amicably plz…zachamba ayi.

  27. This blute president fears Chaponda too much because he himself knows that Chaps is the back borne of this party,,,he fears Chaponda and he fears of being scrutinized,,,, besides that,,,our God is a living God of omnipower ,,,,,,you two people can’t let millions of Malawian suffering on the grounds of enriching themselves,,,no one is above the law.,,,,who is Chaponfa to us,,,,,let’s wait for God solutions,,, wapatsindwi vs wapadzala

  28. The only solution is cardiac arrest then we free from this man with his maizegate and so called cashgate.God is not only for you he will fight for Malawian who are suffering just bcuz of you.#God is fighting for us

  29. Vuto lalikulu lachoka pa galu uyu amene amati ndi law expert posusana ndi zomwe khoti lanena ndiye peter watengapo advantage paja amakonda kutengera advantage kumbukira nyimbo ya ine ndilibe problem

  30. Which means he don’t care about the people who gave the him that power of firing and hiring. Muthalika remember u can’t be the President without the courts. Do you want to tell us that you don’t obey the laws and the Constitution?

  31. Which means he don’t care about the people who gave the him that power of firing and hiring. Muthalika remember u can’t be the President without the courts. Do you want to tell us that you don’t obey the laws and the Constitution? Wayiwala unalumbira kuti uzanvera malamuro adziko? No,one is above the the laws of any country.

  32. Mr u know what is expected of u.U know that investigations cannot b carried out smoothly whilst this guy is still a minister.U want pple to tell u what to do?We r tired of your leadership,this is high time u stepped down otherwise u dont have leadership skills

  33. So if APM have power to fire Chaponda what is he waiting for to fire or suspend Chaponda? And how can they do the investigtn while the responsible Chaponda is still in the power sindi izi zikulepheleka za 577 billion izi chifukwa chakuti DPP is still in power . AMP nayoso akulankhula mbwelera zokhazokha why not to act if he has the power? Just waiting to blame others while u r the Head of the states. Are APM really the president of malawi? I don’t think so. To be a leader is a Gift from God not like this one so called nosense leader

  34. 108. 1. There shall be a High Court for the Republic which shall have
    unlimited original jurisdiction to hear and determine any civil
    or criminal proceedings under any law.
    2. The High Court shall have original jurisdiction to review any
    law, and any action or decision of the Government, for
    conformity with this Constitution, save as otherwise provided
    by this Constitution and shall have such other jurisdiction
    and powers as may be conferred on it by this Constitution or
    any other law.

  35. Oh my Lord you helped your son in Israel in time of troubles and captivity! What can make you fail to help your sons and daughter of this country. We know our Lord will hear our cry in the wilderness and will rescue us! Those stubborn leaders will be rewarded for their sins!

  36. Koma mukutitola kupusa bwanji!!!!!…..bt one thing to knw is “mulungu samasangalala kut gulu la anthu lidzikhalira kumudandaula mumthu mmodzi en never!!!!.. .ndiye ngat anthu akudandaula ena kuvutika kamba ka inu dziwani kut your days are numberd!!!….becarefull yo excellency ppo they r tired ov yo stupidity….eveils

  37. Too much for the court to come up with such a gesture I agree to those of the contrary views. But the truth is that, Chappnda by all means must be put aside by all means/ways. CSO have spoken for the nation. Issues of courts in Malawi are ever complicated and prosaic. But as a matter of fact, defendants should just comply mutely. No press conferences until it is done.

  38. The Main promblem is that Peter Muthalika is among maizegate,why he accempt millions of Malawian to suffer just because of Chaponda?

  39. GUYZ THESE PPLE THEY TOGEHTER IN DIS SCANDAL, anadya limodzi ndalamazo so mr president akuopa kuti akawachosa achaponda zambiri xiziwika ndiye chifukwa chake peter akupangadala kusawachosa achaponda. Asiye 2019 ikubwera tiwasolver ndifeyo guyz sii akuziwo ngati ndimadolo iwowo

  40. I fully support the argument from the President. Indeed he is the only man with powers to appoint and remove cabinet ministers. Remember 31st January is not far for us to know exactly what happened in this maize deal. Trust in the instituted commission of inquiry osamangolongolola apa. A malawi ambiri amalongolola pa zinthu zomwe sanamvetsetse chiyambi ndi mathero ake. Kuonera kuti auje alongola nane ndilongolore with no purpose. Chaponda will be guilty of wrong doing until proven so by the commission’s report otherwise he is there as a minister.

  41. Much as I may hate the president but the courts have goofed here, if I employ a maid and she is involved in any criminal behaviour the job of the courts is to determine above reasonable doubt if she is wrong or not …, they can never suspend her or fire her cause they never hired her. May b after conviction they can advise me to do the firing, still me they don’t hv authority to fire. In this case all they can do is to ask the President who is mandated to hire to suspend chaponda, well an advice which he can choose to take it or leave until may b chaponda is convicted……., so our courts be serious at once!

    • poor reasoning.These are arms of one government and are interdependent anď complimentary.No relationship between one hiring a maid.

    • If at all u can reason properly u wld hv known that different arms of govt have different responsibilities.., and hence no branch shud claim monopoly of authority, as powerful as it may be its not the mandate of the judiciary to hire, appoint, fire or suspend any minister…., very simple…!

    • Sometimes I get amused with our reasoning. The same people who advocate for separation of powers are busy applauding the court for overstepping it’s boundary. Granted, Chaponda should step aside either by himself (resignation) or the President should suspend him in order to pave way for smooth investigations. The fact that the President seems adamant to suspend Chaponda, it does not mean that another branch of government can do it. Let’s be consistent in our reasoning or if we don’t understand what’s happening, it’s good to remain quiet.

    • IF THE JUDICIARY WERE TO USE MONOPOLY OF POWER THERE WOWOULD BE NO QUESTION OF PENDING JUDICIAL REVIEW. AM HAPPY THAT NOW YOU CAN SEE THAT NO BRANCH HAS MONOPOLY OF AUTHORITY. AS FOR MY BROTHER JOE ,KNOW THAT THE LAW KILLS BUT THE SPIRIT GIVES LIFE. IF YOUR UNDERSTANDING IS THAT THE PRESIDENT CAN NOT BE CHALLENGED IF HE IS TAKING US TO THE DITCH THEN IT IS UNFORTUNATE. IT IS SUCH REASONING THAT MAKE EVEN THE CLERGY TO ABUSE THE FLOK SIMPLY BECAUSE THEY READ SOMEWHERE IN THE BIBLE THAT WHAT YOU BIND HERE IS BOUND IN HEAVEN AND WHAT YOU LOOSE IS LOOSED IN HEAVEN. SO LET US TAKE CARE. THE LAW SHOULD BE USED TO SERVE LIFE NOT TO KILL. IT IS JUST MORALLY RIGHT FOR CHaponda to pave way for investigations. Since he can not do it voluntarily there must be a way out.The president would have acted but alas ! he is not doing what he was supposed to do. we should therefore not blame the court. Anyone who fails to judge himself will have to be judged.

  42. BREAKING NEWS Ralph Kasambara warns Judge Chirwa. Convicted Cash-gate prisoner Ralph Kasambara SC has warned Judge John Chirwa of Mzuzu against been used by People’s Party President Joyce Banda in her fight against government. Kasambara who is serving a 14 year sentence for the attempted murder of former Budget Director Paul Mphwiyo was reacting to an order Judge John Chirwa issued on Thursday apparently ordering the suspension of a Cabinet Minister. Kasambara said the order is vexious and has no standing whatsoever in law as the judge was trying to usurp the power of the President which is impossible. Kasambara said it was clear from the idiocy of the order that it was influenced by politics. He warned Judge Chirwa of being used by politicians saying he ( Kasambara) personally regrets sacrificing his promising legal career by working with People’s Party and he would not wish Judge Chirwa to face what he faced.

  43. Onsewa mbava very going to hail azuza mizimu yochuluka awa alive ntendele musaone uvalaku ngat alibe vuto zivute zisavute udzamangidwa kutalike kufupike udzathawira kumanda othwise ndende utakalamba kale agalatia

  44. we have the powers because you are all holding those positions because of us, the people! I’m sorry to say this but i feel like the powers you are left with right now are those of tricking and playing with poeples minds

  45. Please ngati kungatheke a MBC arrange a show whereby malawians can call and ask the President Questions so he can feel the pain we feel

  46. He knows for sure he z also implicated in the maizegate deal. If chaponda is suspended he will also be mentioned in this sinister. No strange malawi has remained stagnant.

  47. Ife ndife amalawi.Amalawi ndiye lamulo ngati inu aPulesidenti mukutenga ngati ndinu mulungu tizaona 2019.Ife siopusa kukusankhani kukhala atsogoleri anthu,Ndiye ngati kulikupusa ife amalawi ayi khalani ochenjera choncho.Kunanali atsogoleri kuno kumalawi muzifuse alikuti?,ndiye ife tikamanena ngati omwe tinakulembani ntchito ndikumatitenga ngati opanda mzeru tizaona.Inu kukhala Pulesidenti sikuti ndikupambana koma ndichifukwa cha anthu omwewo musakwamverawo.Dziwani izi: Dzuwa limatuluka kum’mawa ndikukalowa kumadzulo.

    • Amwene musaname kut Uyu anachita kusankhidwa Ayi ndalama zinagwira ntchito. Tiyeni tidzadandaula awo omwe anampatsa njira yobera mavoti Munthu oyipayu

  48. At first you were forcing the government to do what it can to make sure there is enough food for its citizens. Today we got maize and we are asking how the government get that maize. Chikanapandaso kupedzeka bwenzi wina atalamulidwa kutula pansi udindo. Kuchita chabwino kaya choipa zonsezi ku Malawi kuno ndi mulandu

  49. Iwe Mathanyula, since when have you known that it is only you who has the mandate to hire and fire corrupt ministers like the ugly Chaponda- kumaso ngati bakha akubiba. You were put on that position by the courts and for this reason you should be able to respect their decision. This time around your days are numbered. Just watch what is going to happen shortly.

  50. Its unfortunate the Malawi leader and his team takes malawi for granted.We have the powers over him and the Court too.Now if court is useless then there is is no need of Parliament to amend and pass biss even constitution.We cant tolarate to a person that violet the public through theft or murder.No one is above the law,court stands on behalf of people.so as the constitution.In our country Malawi we respect the law.he must be ashamed by himself.Malawi is big and the party is small.discipline is important and needed.

  51. If the courts see that there is a void in so called leadership, they step in. We vested the powers of this land to a wrong individual who is very clueless on what leading a nation really means.

  52. Pres. Thief Min. Thief Inetu Zoti Bwanawa Kuno Sikwawo Ndimadziwa Coz Mmene Anthu Akuzuzikira Wina Sangamalakhule Zotere Chimenechi Ndichitsiru Uyu Safunika Kudzavoteredwa Wativetsa Kuwawa, Kupweteka Watizuza Komat Mulungu Akuona Izi

  53. Judiciary is another arm of govt, therefore it has mandate to dismiss him since u r dormant to act. This chaponda of urs is not a saint from heaven, only a coward corrupt creature on earth therefore he must go. I repeat he must step down honourably.

  54. MMalawi mesa anane bwino lomwe kuti afufuze kaye ndipamene agamule,mlandu wakuti amagamula choncho.court nawo nosense iwowo amaziwa mene mlandu umayendere phuma bwanji?kuona timapha anthu ndi mtima!nsanje sitifunira zanthu zabwino,kuona timafa amphawi,atasankhidwa sitinayankhule choncho koma akalakwisa.nsanje siyimanga muzi ivyo!kkkkkkk!

  55. It just pains me to remember the noise I heard after the Late.Mbendera announced the Official Results of the May 20 ,2014 tripartite elections in favor of this DPP. ..
    People ululated and some banged gongs and bucket s celebrating…..haaaa! But had they remembered of 2011-2012,,,

    And behold”here is Malawi crying again! !!
    We repeated passing through mphechepeche mwa njobvu and what do we expect ?

  56. Mr peter u don’t have passion for this country, no wonder coz birds of the same feathers flock together, last time was 7 cashgates today u are backing the same thief, don’t take Malawians as for granted , God will answer our prayers

  57. Mr president,,,,,,,,you made it clear as you presided over swearing in ceremony of your cabinet ministers after after you ascended to the presidency,,,,you said and i quote “i will not shield any cabinet minister who will be involved in any corruption & the law shall take its course” so why are you shielding Chaponda in maize gate??? Why are you shielding ,,Nankhumwa as he had distributed goods worthy 21 million to his constituency,,,who funded him???

  58. Hey Am A Law Ignorant But Ive Got A Question. When President Is Elected He Appoint Ministers So Why Courts Remain Silent During That Time? Today Minister Is Suspected To Involved In Maize Gate Some Lawyers R coughing Hard To Say Why President Arrenge Commission Of Enquiry Instead Of Using ACB.Dont C That Courtlawyers Are Underating Their Boss?

  59. Mbava zokhazokha sizipangane chipongwe kkkkkk koma malawi wafikapo anthu ake opanda mmanyazi omwe wina azaona chinathawisa jb

  60. Are we in the limbo of democracy or what? Is this guy really serious for much i know the court is the last solution in any wrong doing either yr a president minister or ambassador n now is telling the country that he has a power of hiring n firing.
    Mr let me ask,
    Did u born in that country or u just come as a Burundians who are terrorizing

  61. We have also the power to fire u(APM) as our president.y are u shielding thieves? Simple logic,u r also a thief.u know that once Chaponda steps down,he can reveal all the evil behind this maize deal but u have to know that God is watching and one day he will punish u coz u r enriching your bellies at the expense of the poor.

  62. Mr president please please please. Just do what pple suggest and u stay being a humble man. Value the millions of people not a single human being. Hon Chaponda is showing love to u bcoz u r at the top. Its the citizens of malawi who put u into power not Hon Chaponda. Please jct suspend hm and see how Malawians will respect u. Mr mulumbe is also involved in the same malpractice bt thy hav managed to do so. Y not you our lovely dad? Vote yake yokha sixakuikani into power musien uyoo.
    O hope u will think over t we value u our President bt anthu ngat awa ndamene akukusokonexan ife timaziwa.

  63. You are using your power to protect a theif, ofcoz we gave you that power to protect malawians and to remove unnecessary things , but because you don’t need respect thats why it seems like every one is disrespecting you by disobeying you, you are misusing your power by supporting wrong things in the name of royalty to the party!

  64. are you sure sir or is it the other way around for it seems you are not in control and afraid of your ministers! remember your power is from the people and malawi is not your farm!

  65. I new this president is full of shit. Defending the idiot. Mr. president can’t u c u r pulling urself down? Koma some ppl aaaaaa

  66. Akuba okha okha kuyikilana kumbuyo, even if you have the power to appoint or suspend, what have you done since Malawians are crying out there, we’ll not be moved by whatever threats you are sending to your critics, we are watching, one day you will be sent out of the palace and then….

  67. Justice Chirwa pocketed money from Chaponda’s opponents who perceives him as a stumbling block to become the next Malawi President. This opponent is also palm oiling the press to expose Dr Chaponda since the see him as the favourite to take over the mantle.

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