AG clarifies Chilima’s role
The Attorney General (AG) has clarified that Vice-President Saulos Chilima’s dismissal of a guard of honour as President Lazarus Chakwera left the country at dawn on Sunday does not qualify as delegated powers.
AG Thabo Chakaka Nyirenda’s explanation follows a debate that ensued on various social media platforms which saw some wondering why the President, who in June this year withheld delegated powers from the Vice-President pending a corruption probe, had assigned Chilima to dismiss the guard of hounour at Kamuzu International Airport as Chakwera left for the United States of America for the US-African Leaders Summit.
The debaters argued that Chilima was not the right public officer to undertake the assignment because he is answering corruption charges and that Chakwera withheld his delegated powers.
But the AG said the President was still in-charge despite being outside the country and that he did not delegate his powers to the Vice-President. He added that delegated powers are assigned to a public officer in writing.
Said Chakaka Nyirenda: “Remember the President said that he has stopped delegating and that hasn’t been revoked. The problem is that people look at the physical presence, he [the President] is not physically present, but he is still in charge.”
Section 89(6) of the Constitution stipulates that “the powers and functions of the President shall be exercised by him or her personally or by a member of the Cabinet or by a government official to whom the president has delegated such powers in writing”.
In a separate interview, Malawi Law Society (MLS) also played down the Vice-President’s dismissal of the guard of honour as the President left the country.
MLS president Patrick Mpaka said there was nothing unusual with a Vice-President sitting in for the President while he is away.
“Well, legally there is a presumption of innocence against the VP as an accused person and there is also nothing that prevents his prosecution while he remains VP,” he said.
In separate interviews, political strategist Humphrey Mvula and political analyst Ernest Thindwa observed that it is wrong to fault Chilima’s dismissal of the guard of honour based on his status that he is answering corruption charges.
The duo further observed that Chilima is currently innocent until proven guilty by a court of law.
But Thindwa observed that Chilima’s dismissal of the guard of honour contradicted Chakwera’s statement in June this year that he had withheld the VP’s delegated powers.
He said a guard of honour suggests that the President has symbolically handed over his power.
Said Thindwa: “The key issue is not because he is answering charges, but how does he exercise powers which were withdrawn because he is suspected to have been involved [in corruption].”
In June this year, MLS in a statement observed that without prejudice to the legal presumption of his innocence, the Vice-President remains liable to criminal prosecution if the Anti-Corruption Bureau or any law enforcement agency has reason to believe in his potential guilt.
On November 25, the Anti-Corruption Bureau (ACB) arrested Chilima and slapped him with six counts of corruption for allegedly receiving a $280 000 (about K290 million) bribe from businessperson Zuneth Sattar to secure government contracts.
