A proposal by activists for President Peter Mutharika to be suspended will likely fail since the country’s laws do not provide for suspension of the president, Malawi24 has learnt.
At the all-inclusive Public Affairs Committee (PAC) Indaba which took place last week, president of the People’s Land Organisation Vincent Wandale suggested that Mutharika be suspended to pave way for investigations on rampant corrupt in the country.
Wandale said the only way for Mutharika to clear his name following corruption accusations against his administration, is for him to be suspended.
Concurring with Wandale, human rights activist Billy Mayaya asked PAC to facilitate Mutharika’s suspension.
But in an interview with Malawi24, Secretary for the Malawi Law Society Michael Goba Chipeta said there is no law that provides for the suspension of a sitting president.
“The only law that perhaps comes close to the suggested concept is one that governs the president’s removal from office under section 86 of the constitution.
“Suspension as alluded to by the said Wandale and Mayaya at the PAC meeting, under section 86, a president can be removed from office when he has been indicted and convicted by impeachment in Parliament,” said Chipeta.
Indictment and conviction in such cases can only be on grounds of serious violation of the constitution or serious breach of the written laws of the republic and can only be done with the affirmation vote of two-thirds of the members of the National Assembly.
Chipeta said even if the president was successfully indicted and convicted by parliament, he has the right to challenge the same in court through legal proceedings.
According to him, if the president agrees to be impeached then a vacancy would be created in the office of the president.
Section 83(4) of the constitution says whenever there is a vacancy in the office of the president, the vice president shall assume that office for the remainder of the term and shall appoint another person to serve as first vice-president for the remainder of the term.
Chipeta noted that there would not be complications in the next elections if such a case happened and if there was a vacancy in the president’s office because the law envisages such situations and provides for what should happen.
koma zitheke basi by having referandum
So the activists r brutes huh? ….. Calling for something non-existent? Mxiii …. U ask yourself who is following things here if even the so called activists doesnt know the constitution of the land ….
Such, actually reveals that we are an uneducated, pompous bunch of rubbish. A one time AG cheated a whole Head of State that there was a place or chance beyond “maximum”.
Koma u activist ku Malawi wabooka.. Wandale, Mayaya.. Koma PAC ya zaka zino aaaaa
No law in our country does allow any space for the suspension of the president. The law itself has to be revisited because of all the 5 presidents we have had, only 2 have saved better. The three have saved badly mostly the current one. Oosh innocent malawians.
Tiye nazoni, kayaaa!Bwampini kuti mtima thiiiiiiii jacket kunyowa ndithukuta kkkkkkk Malawi imayaka kuti buuuuu waziputa dala
Pple went on the street to remove Zuma,did they succeed or fail?
mmm akumwa tea kusanjika pheee!!
Amene amkapanga malamulo muno anali odzikonda osati okonda dziko malamulo ambiri ndi oteteza ma president
he wil win for nxt elections
palibe kuchotsana pa udindo ndi pakamwa, enawo akamayankhula kumakhala kusaka dollar basi. The constitution is clear.
Its true the laws of this country do not provide for the suspension of the president,the best way is just to vote him out in2019
Akadafuna ulem pitalayo akadawava amalawi mmene akufuwulira
MM KOMA NEXT WK KUKHALA ZOTANI WHEN STRIKE START
ok
Lamulo lachani? Tikuona kupweteka ndi anthu,angochoka sizoyendera lamulo pano.Mungandiuze komwe akutenga lamulo lozunzira anthu?siangochita zammutu bwanji iye sasata malamulo?anthunso pomuchotsa iye sitisatanso malamulo analowanso mosasata lamulo diso kulipa diso 50 50 game chikwanje wakula patha sizonyengelera
Ife Bwaa Tikuva Kukoma Eeeee, Zikupweteka Akasume, Mwayiwala Kale Zaka 31 Eeeee Panjat Munachoka Ndi Voti Nanga Bwaa, Mwayamba Misala Man, Mavuto Ako Sianthu Kaphwise Uko
Sinanga ndiwe cadet uona mmene tikuphulisireni ndi bwampini wakoyo uzagwa popanda matope mapazi ako iwenso kaphwise uko ndi bwampiniwakoyo
Jahman bho bho!kkkkkkk zamdziko izi osamazingera hard kkkkkkkkk bro
As if Za pa door…kkkkkk tikasake mnchere wanthu kukacha osati kukwiya ndi zilixonse lol
Uli nyatwa ERICK mabwanawo ndi mabillionaire ankapompa ngolofe nde kumanyozana heee tipangedi mchere wathu sakutidziwanso iwo aja amacheza limodzi amafonerananso kkkkkk thanx Erick
#manlord, Ndakuva Mzanga, Anthuwa Ndamodzi, Kwatengela, Eeee Uzikhala Ndi Panadol Pafupi, More Fire Man!!!!
Nyatwa jahman kkkkk pa fb timangocheza kkkkk sindingazitere bro am in S Africa undipatse no. yako ndibwera pompano kwathu ku Machinga, nsanama big up jahman more fire!
Ndakuva #Manlord, Ndikuponyela Ku Box, Panga Zako Zinja Rasta
Ndakumvanso ndimakonda kukutchula jahman potinso ndine jahman opanda dreadrocks chifukwa chake ndimafulumira kubwera pachilungamo monga mmene Haile Sellasie anayambitsira O.A.U 1963 kufuna mgwirizano m’Africa.ma comment tipange mmene tipangire koma no hard as if za door more fire jahman
So this activist do not know the laws of our land? hey! chineeke
Peter afa ifa yowawa uyu kkk
Let Him Finish His Term. If Anything, Wait 4 The Elections.
Eeh! Peter may also get a cardiac soon , I’m afraid. Nanga teachers aluthana nawo, all civil servants nkuzalowa m’bwalo? Eeeeeh!
talkn is cheap activist lo
What does Democracy means without laws,does constitution knows about this laws?
Musazvute makosana pitala adakalamulira dzikoli
Find another remedy not this one . Am not DPP member but this may end up chaotic .
Mmmmm chamba chakupwetekani inuu iyaa
stupid law