A social commentator says there is a need for an interim government to oversee the fresh elections because President Peter Mutharika does not have the mandate of Malawians.
The commentator, Onjezani Kenani, said Mutharika is an “illegitimate” president as he lacks the mandate to sit in State House and govern the country following the nullification of the May 21 presidential elections.
He added that the interim government to be instituted should not be associated with any political party.
“Sections 6 and 12 of the constitution say those who govern derive their power from the people and the exercise of their power is conditional upon ‘the sustained trust of the people’.
“The court nullified the May 21 elections, which means the people did not give Mr. Mutharika the mandate to be in office today, nine months later.
“Since he was the beneficiary of a fraudulent election, it is unlikely that he can fairly act as an interim president to preside over arrangements of a fresh election,” wrote Kenani in a Facebook post.
He further expressed fear that Mutharika will use the power he has – which in Kenani’s view he is not supposed to have _ to undermine the ruling of the Constitutional Court.
According to the social commentator, he has information that the Ministry of Justice and Constitutional Affairs has decided not to cooperate with the ruling.
“For example, it is refusing to cooperate with Parliament in ensuring that relevant bills are prepared and passed in line with the Constitutional Court’s judgment.
“In addition, Mr Mutharika – who lacks the mandate – will be asked by Parliament to fire Commissioners of the Malawi Electoral Commission, as required by the Constitution. What if he refuses to do so? After all it is in his interest to have the same commissioners preside over the next election, in the hope that they perpetrate a more sophisticated fraud,” Kenani posted on Facebook.
Earlier this month, the Constitutional Court nullified the May 21 Elections and ordered the Malawi Electoral Commission to hold fresh elections.
The court said the status of the presidency should revert to the period before the May 21 elections when Mutharika was president and Saulos Chilima vice president based on their victory in the 2014 Presidential elections.
Last week, Mutharika said the ruling undermines the will of the people and marks the beginning of the death of democracy in Malawi.
He later filed an appeal against the judgement at the Supreme Court of Appeal.