Malawi’s constitution protects the vice president from presidential dismissal

In Malawi, the Vice President holds one of the most secure positions in government, shielded from presidential dismissal by the country’s Constitution. This protection is designed to maintain a balance of power within the executive and prevent politically motivated removals.

Under Malawi’s supreme law, the President cannot fire the Vice President. Removal is only possible through an impeachment process in Parliament, and even then, it must be based on proven offences such as treason, bribery, or other high crimes and misdemeanours.

This legal safeguard ensures that the Vice President’s tenure cannot be terminated at the President’s discretion, preserving independence in the office.

The Constitution also outlines the Vice President’s core role: to take over the presidency in the event of the President’s death, resignation, or incapacity, while also assisting in the execution of government duties.

The key provisions are enshrined in Chapter VIII, the Executive, Section 78 establishes the office of the President as Head of State and Government.

Section 79 creates the positions of First and Second Vice President, defining their responsibilities and powers.

Section 80(4) mandates that the First Vice President is elected on the same ticket as the President. Section 80(5) allows for the appointment of a Second Vice President under constitutional requirements.

These clauses collectively ensure that the Vice President’s position is not only central to governance but also insulated from the turbulence of political power struggles.

In this case, Chakwera has no mandate to fire Michael Usi from the position of Vice President