Act now, lawyers tell Chakwera
Malawi Law Society (MLS) has asked President Lazarus Chakwera to be decisive on emerging issues of national interest that could arise during the September 2025 General Elections and may need advance legal interpretation.
In a public report and communiqué MLS said the President needs to decide whether and when to take up such issues with the High Court of Malawi by way of presidential referral to clear any doubts in the public domain ahead of time.
MLS said it believes such a move would not only clear any doubts in the public domain ahead of time, but it is also one way of preparing the nation for a smooth and efficient election and empowering the electorate to make informed decisions at the polls.
“The public, the civil society or any other stakeholder may also raise issues for the President to consider for such potential referrals,” said MLS in the communiqué released on Friday.
The society also said any delays in disposing electoral matters by the courts, especially those concerning the President, constitute a significant barrier to access to justice for players in the electoral cycle and could bring the country to a halt in many spheres, including economic activity.
“With such cases being resolved well into the parliamentary or presidential term as occurred in the 2019 to 2020, it also poses administrative challenges in the event that an electoral win is overturned,” further reads the communiqué.
During the recent MLS annual conference, delegates also observed that while there has been some significant electoral law reform based on the 2019 to 2020 presidential elections experience, there remain shortfalls in the dispute resolution framework.
The conference recommended that policyholders and lobbyists should consider law reform in dispute resolution over presidential election petitions and also consider conferring original jurisdiction on the Malawi Supreme Court of Appeal to hear and resolve all presidential election matters within specified and strict, but reasonable timelines as the final arbiter.
“The establishment of a tribunal set up specifically to adjudicate election matters was also seen to be a viable alternative for possible consideration by the legal and policymakers,” says the communiqué.
Presidential press secretary Anthony Kasunda said he was consulting on the issues raised by MLS. However, by press time at 9pm he was yet to revert.
Political and governance commentator Victor Chipofya Junior said while the MLS communiqué may sound ambiguous, among others, the society could be connecting the 2025 elections to the eligibility of Vice-President Saulos Chilima.
He said: “That is one sticky issue the society is attempting to tackle. I think the reason they are bringing this issue up now is because of the eligibility of Chilima to say by 2025 he would have served two consecutive terms as Vice-President and what happens next.”
Chilima’s eligibility remains sticky due to opposing legal opinions with some legal scholars suggesting that despite serving his two terms, the UTM Party leader still qualifies to contest while others are of the opinion that he is barred by a previous court ruling.
The debate emanates from a Constitutional Court ruling on third-term in 2009 where former president Bakili Muluzi attempted to contest again after a five-year break from office.
