One of President Chakwera’s promises was to shed or remove some of the powers of the President. In the run up to the 2020 election he told the nation at his rallies that he did not want to accumulate powers for himself, kuziunjikira maudindo, and promised that he would ask Parliament to reduce his powers.
In a way, Chakwera has fulfilled his promise. Apart from being the President, he is only Commander-in-Chief and Minister of Defence by Constitution. Now, if you compare with His Excellency Ngwazi Dr Hastings Kamuzu Banda, DoF [Destroyer of the Federation], this is reduced power. Kamuzu was Commander-in-Chief and Minister of Defence, Minister of Agriculture and Natural Resources, Minister of Youth and Culture, and minister responsible for Police. In fact, Kamuzu’s Cabinet appeared to be lean because most portfolios were concentrated in him.
Outside the Cabinet, all the Presidents we have after Kamuzu, have maintained his Chancellorship of public universities. The only difference is that at present we have President as Chancellor of the University of Malawi; of Malawi University of Business and Applied Sciences (and Journalism?); of Lilongwe University of Agriculture and Natural Resources; of Kamuzu University of Health Sciences; Mzuzu University, de facto, of Malawi School of Government and, bientôt, Inkosi M’mbelwa University. He is invited to attend graduation ceremonies of these universities. But put together, he is just Chancellor of public universities—one responsibility.
Honestly, the position of Chancellor is ceremonial and unsalaried. He is even forbidden from getting an allowance for attending graduations. Who won’t be willing to work for free? Raise your left hand.
There are some responsibilities of the President that are serious, like, the appointment of High Court and Supreme Court judges. There are times one can see that the appointment of the person is quid pro quo.
In Mexico, they have tried to root out this favouritism by having all judges appointed directly by the people through the ballot. They will be maintained in their positions conditional upon the sustained trust of the Mexican people.
If people feel the President of Malawi has too many powers, there are ways of getting the powers of the President trimmed. They can send their members of Parliament to change the Constitution. Sections 88 and 89 stipulate the power of the President.
The President’s powers shall include ‘to assent to Bills and promulgate Bills duly passed by Parliament; to convene and preside over meetings of the Cabinet; to confer honours; to make such appointments as may be necessary in accordance with powers conferred upon him or her by this Constitution or an Act of Parliament; subject to this Constitution, to appoint, accredit, receive and recognise ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; to negotiate, sign, enter into and accede to international agreements or to delegate such power to ministers, ambassadors and high commissioners; to appoint commissions of inquiry; to refer disputes of a constitutional nature to the High Court; and to proclaim referenda and plebiscites in accordance with this Constitution or an Act of Parliament.’
The President may pardon convicted offenders, grant stays of execution of sentence, reduce sentences, or remit sentences.’
Nobody else can have these powers and are 25 too many? We don’t think so.
