Prologue
A few months ago, Malawi’s nation was flabbergasted to hear the whole Vice President of the Republic of Malawi, Dr. Saulos Chilima, unashamedly making an unconstitutional demand that we need to go for an early election if the State President Dr. Lazarus Chakwera fails to honour the Tonse Alliance Pact. In fact, I did not take such a proposal seriously as it smacked of Chilima’s desperation and regret.
It was interesting to note that the very same Chilima who shunned Malawians from disclosing what was contained in the Tonse Alliance agreement sought was mobilizing my fellow innocent Malawians for early elections. Amangwetu, is this fair to all Malawians?
It seems like our vernacular adage dubbed “andiitana pakalowa njoka koma pakalowa mbewa akumba okha”. This proverb can be translated as to condemn gluttonous beings who only call for help when trouble strikes but they disregard all friends when they are doing well. And that is Vice President, Saulos Chilima for you.
What has brought my attention to the fore is the recent call for early elections by the Human Rights Defender’s coalition (HRDC). Are they also disgruntled like their Godfather, Dr. Saulos Chilima? What has gone amiss in the HRDC? Is it not the same HRDC that mobilized the whole nation to intimidate the Judges of the Constitutional court, rallying behind Dr. Saulos Chilima and Dr. Lazarus Chakwera, to nullify the legitimate and internationally endorsed free and fair 2019 Presidential election? The order of the names is significantly probing.
Why has HRDC taken so long to provide constructive criticisms to the incumbent government? Was it waiting for appeasement political diplomatic positions like those of Reverend Richard MacDonald Sembereka, Luke Tembo and Billy Mayaya?
Taking advantage of Sembereka’s active participation on the social media, I asked him on a WhatsApp group why HRDC didn’t not act on the unprecedural appointment of the then acting commissioner general of the Malawi Revenue Authority (MRA). Convincingly, Sembereka assured me and other group members that HRDC has already taken such a position to prove the State President on the same. Guess what!!! The next two weeks I heard Reverend Richard MacDonald Sembereka castigating the citizenry that they were not there in jail with him and therefore they have no right to question his appeased diplomatic position in the United states of America.
The legal aspect
Both Saulos Chilima and his accomplice, HRDC, are wrong to call for early general elections now because it is unconstitutional. If they have legal advisors, they better seek competent ones before embarrassment takes the centre stage.
It is common knowledge among the enlightened or the illuminati even among the common citizens that the Malawi Constitution, is the supreme law of the land such that any statute, agreement, pact, law, rule, or guideline that contradicts with it is rendered invalid.
With the Chakwera’s scenario at hand, he can only relinquish power only in the circumstances of impeachment, death, resignation and incapacitation. Anything outside this bracket is just a propaganda taking advantage of illiterate and gullible Malawians.
Firstly, with the political muscle of any president in Malawi, it is a glitch to impeach President Chakwera as it constitutionally requires two thirds majority in parliament in favour of the motion. Secondly, no sane mind would wish President Chakwera to die. Thirdly, my president Chakwera cannot resign. In fact he was supposed to resign within two years of his rule. He thinks that he has fulfilled people’s needs by saying that he is not on the driving seat but he is just playing a quality assurance role, an inspector that he cant resign because he promised Malawians to resign within two years of his regime. Proving incapacitation is a rigorous adventure.
Conclusion
In conclusion, the demands of Malawi’s Vice President, Dr. Saulos Chilima, and the Human Rights Defender’s Coalition (HRDC) for early elections are unconstitutional. The Malawi Constitution only allows for elections to be held in the circumstances of impeachment, death, resignation, or incapacitation of the president. Any attempt to hold early elections outside of these circumstances would be a violation of the constitution and would likely be challenged in court.
