Malawi Broadcasting Corporation Television (MBC) presenter Steven Maseya is trending having said on TV that the Constitutional Court which annulled the 2019 presidential elections is illegal.
Speaking in a programme dubbed “Malawi pa Chitukuko pa za chisankho ndi Covid-19” recently, Maseya described the Concourt as illegal arguing it does not have a place in Malawi’s Judiciary.
“Titakhala pansi ndikuyang’ana bwinobwino tinaonaso kuti Constitutional Court yo was illegal chifukwa m’malamulo mulibe, muli supreme court, high court, magistrate court… (findings of our research revealed that the Constitutional Court was illegal because our constitution does not stipulate anything about its existence. The judiciary has the high court, supreme Court, magistrate court…),” said Maseya
His remarks have reduced him to a laughing stock on social media. Some have gone as far as branding him senior counsel Maseya for expressing his legal knowledge on air.
In response to the TV personalities’ claims, a legal expert who opted for anonymity, made the clarification.
He said when the High Court is taking charge of a case which relates to the application or interpretation of the Constitution as certified by the Chief Justice, and when the case is being handled by not less than three judges, it is in some cases referred to as the constitutional Court.
The Constitutional Court in question comprised of five High Court judges; Healey Potani, Ivy Kamanga, Dingiswayo Madise, Redson Kapindu and Mike Tembo. The panel ruled in favour of a fresh presidential election on 3rd February.
The public broadcaster faces criticism from the citizenry for being used as a campaign platform for the ruling party. Maseya and Hope Chisanu are the popular architects of the ruling party’s propaganda on the station.
mungopitanso ku school malume, chizungu nchanu chikununkha bwemba
Does it mean the writer heard that for the first time? He should ask Unandi Banda who took part in the framing up of this constitution.. He will tell you exactly what Maseya said. No politics here
Maseya is right
I got to know this after the 1999 Court contested Election case .MCP/UDF ..Chakwamba /Muluzi.in which we had suggested the 50+1.But we told that the Constitution does not provide .Then we suggested the case taken to ConCourt since our constitution has to be scewtinised and have a better understanding.Thats when i discovered that Malawi has no Constitution Court.later alone dont have a register of Constitutional lawyers too.
Taking HighCourt Judges tempararialy and form a ConCourt like .when the 5judges handles the con court case as the very way High Court would have handled it .Then we have yet another judicial malfactiioning system .that is only in Malawi ..
No wonder MEC in its appeal case resorted to us SA constitutional Lawyers .may be ourHigh Court Judges would have learned the difference of HighCourt/Con Court
But did you notice how the whole unrepentent Judicial system have responded. They dont want to tell the truth.
Malawi has no ConCourt
Malawi has no Senate
having these would have propelled our Democracy in a better way .Unlike the current situion .A Mary go round and round
If there is who are the rightful Con Judges and Con lawyers on register.
plz school me and Maseya.