Opinion: Why Mutharika was right to delegate Msaka to Chilima mausoleum ceremony

The decision by President Arthur Peter Mutharika to delegate Minister of Education, Bright Msaka SC, to represent him at the official unveiling of the late Saulos Klaus Chilima’s mausoleum in Nsipe, Ntcheu, has generated considerable debate.

While some critics have interpreted the move as a snub to Vice Presidents Justice Jane Ansah SC (Retired) and Enoch Kamzingeni Chihana, a more objective assessment suggests that the President acted within both his constitutional authority and executive discretion.

The starting point is the Constitution of the Republic of Malawi. Section 88 sub section (1) provides that: “The President shall be Head of State and Government and shall lead the Executive branch of Government.

“This provision establishes the President as the chief executive authority of the Republic, vested with the responsibility of directing the affairs of government and determining how executive functions are carried out.

Furthermore, Section 89 sub section (1) states:”The President shall have the powers reasonably necessary to perform his or her duties in accordance with this Constitution.

“This section grants the President broad executive authority to make administrative and governance decisions necessary for the effective functioning of government, including determining who may represent him at official functions.

In addition, Section 92 sub section (1) provides that:”There shall be a Cabinet consisting of the President, the First Vice-President, the Second Vice-President, and such Ministers and Deputy Ministers as may, from time to time, be appointed by the President.

“This section confirms that ministers are integral members of the Executive and Cabinet structure.

As such, they are legitimate representatives of government and may be entrusted with important state assignments by the President.Importantly, nowhere does the Constitution require the President to delegate representation at official ceremonies exclusively to a Vice President.

While Vice Presidents occupy significant constitutional offices, their roles do not diminish the President’s discretion to assign duties to ministers or other public officials whenever he considers it appropriate.

In this regard, Bright Msaka is not merely an ordinary Cabinet Minister. He is a seasoned statesman, Senior Counsel, and one of Malawi’s most experienced public servants.

Over the years, he has held several senior government positions and has repeatedly been entrusted with sensitive national responsibilities.

His selection to represent the President, therefore, reflects confidence in his competence, experience, and ability to communicate the government’s position effectively.

It is also important to appreciate that delegation is a standard feature of governance in constitutional democracies. Heads of State and Government around the world routinely appoint ministers, ambassadors, and other senior officials to attend events on their behalf.

Such decisions are often influenced by scheduling considerations, administrative priorities, and broader strategic judgments that fall within the prerogatives of executive leadership.

The significance of the Nsipe ceremony was to honour and preserve the legacy of the late Saulos Klaus Chilima. The government’s presence at the event was, therefore, the key consideration.

By sending a senior Cabinet Minister as his official representative, President Mutharika ensured that the State was properly represented and that due respect was accorded to the memory of the former Vice President.

Those who believe one of the Vice Presidents should have been chosen are entitled to their political opinions.

However, political preference should not be confused with constitutional requirement. The Constitution does not impose such an obligation on the President.

The choice of representative remains an executive decision falling squarely within the powers vested in the Presidency under Sections 88 and 89 of the Constitution.In a constitutional democracy, respect for institutions requires recognition of the lawful powers entrusted to public office holders.

President Mutharika’s decision may be debated politically, but constitutionally, it remains a valid exercise of presidential authority.

Ultimately, the focus should remain on celebrating the life, service, and contribution of Saulos Klaus Chilima to Malawi, rather than generating controversy over a delegation decision that the President was fully empowered to make under the Constitution of the Republic of Malawi.