Is President Chakwera justified to reject the appointment of Somanje, Nkoloma, Fodya as MEC commissioners?

The rejection of Mackford Somanje, Mayamiko Nkoloma, and Charles Fodya as Malawi Electoral Commission (MEC) Commissioners by President Lazarus Chakwera has caused frustration, uncertainty, and perplexity among supporters of the Democratic Progressive Party (DPP), the main opposition party.

The lingering question remains, Is it justifiable for President Chakwera, as the appointing authority, to revoke the appointment of these nominees?

For starters, Mackford Somanje was rejected on the basis that he was in possession of a fraudulent computer  degree certificate from the University of South Africa (UNISA).

Without any iota of contradiction, President Chakwera is justified in rejecting Somanje as it is established that he does not meet the educational qualifications outlined in Section 4(7) of the Malawi Electoral Commission Act, which requires commissioners to have at least a Bachelor’s degree from an accredited academic institution.

It is clear that Somanje submitted a counterfeit degree, which goes against the electoral law and therefore it is a  valid reason for disqualification.

Moving forward, the justification for President Chakwera’s rejection of Mayamiko Nkoloma and Charles Fodya as MEC commissioners based on their status as lecturers at a public university hinges on the interpretation of what constitutes a “public officer” and the legal precedents set by previous court rulings.

In fact, Section 75 (2) of the Malawi Constitution states that “a person shall not be qualified to hold the office of a member of the Electoral Commission if that person is a minister, deputy minister, a member of Parliament or a person holding public office.”

Unfortunately, President Chakwera exploits the definition of ‘public office’  or ‘public officer ‘ to score a political point.

However,  in 2014, Judge Dorothy NyaKaunda Kamanga made a ruling stating that Sam Safuli, a lecturer at a public university, was not considered a public employee or civil servant. This indicates that lecturers at public universities may not be classified in the same way as typical government officials, as they are not bound by the Malawi Public Service Regulations (MPSR).

Logically, this precedent should support the argument that their academic roles do not disqualify them from serving as MEC commissioners.

Truth be told, Nkoloma and Fodya both hold the necessary Bachelor’s degrees to meet the minimum educational requirements for the position. Furthermore, according to the law, there is no explicit rule disqualifying individuals solely based on their occupation as university lecturers. This suggests that their rejection is being perceived as unfair.

Furthermore, while the legal aspect is crucial, the decision may also reflect broader concerns about governance, impartiality, and the perceived independence of the electoral commission.

It is therefore highly likely that President Chakwera may have other reasons for the rejection that are not strictly legal but are based on political considerations.

Looking ahead, considering the limited time we have before the upcoming general elections, the process of judicial review may be lengthy in reaching a decision. Therefore, it would be wise for the DPP to present three candidates to President Chakwera, who can then choose one to potentially serve as a DPP MEC commissioner.

In conclusion, according to previous legal cases and the credentials of Nkoloma and Fodya, it could be argued that President Chakwera’s decision to reject them as MEC commissioners is unfounded and unjustified. On the other hand, the rejection of Somanje seems reasonable in light of the educational qualifications required by law.

Disclaimer: The views expressed in this opinion article are those of the author, Rick Dzida ([email protected]), and do not necessarily reflect those of Malawi24 or its editorial team.