Malawi President, Professor Peter Mutharika, has claimed that Parliament is more supreme above the Courts and has advised members of the House that they should not agree with everything the courts say.
Mutharika who is also a professor of law made the remarks during a State of the Nation Address (SONA) at Parliament Building today.
He told Members of Parliament that Parliament – which according to the Constitution means the National Assembly and the President – should not do what is not right because the Court has said so.
“But let us remember that Parliament is more supreme above the Courts. We are elected members who represent the people and we have the authority to make laws for the Judiciary to interpret,” said Mutharika.
He added that he wants Malawi to be a country where everyone must be accountable, where no one is above the law and above criticism.
“The essence of democracy is that everyone must be accountable to someone else. Only God is accountable to no one. The President and the Executive are always held accountable every day by this House and the people. Parliament is held accountable. But who holds the Judiciary accountable?” asked Mutharika.
He then claimed that he respects the courts. He added that he also speaks his views when the Courts err and this does not constitute attacking the courts.
“As a matter of fact, no judge in this country must live in fear if you have a clear conscience. Just do your job right,” said Mutharika.
His remarks come less than a month after the Supreme Court of Appeal upheld the Constitutional Court’s decision to nullify the 2019 presidential elections and order fresh elections. The Court also ordered Parliament to set a date for the fresh elections.
Mutharika has always maintained that he won the 2019 presidential elections.
In the SONA today, Mutharika said Malawi has a dilemma between going to an election too soon or preventing the spreading of Coronavirus.
He said: “As a nation, we need to make a collective decision. This Parliament must make its voice heard before the people.”