A group called Citizens for Justice and Equity has moved to resuscitate the Presidential Age Limit Bill, which has failed twice in Parliament.
The group is set to make a submission to Parliament on February 26 for presentation as a Private Member’s Bill.
Member of the group, Agape Khombe, said in an interview that they have already written Speaker of the National Assembly Catherine Gotani Hara on their intention to submit the Bill.
Like previous Bills, the essence is to propose an amendment to Section 80 (6) (b) of the Constitution and bar any person above 80 years of age from contesting for the presidency.
Khombe, who came into the limelight when he staged protests against former Anti-Corruption Bureau director general Martha Chizuma in 2022, said it was unfair to allow youths to start voting at 18 years, but limit their participation for the presidency at 35 years.
He said: “Malawi Electoral Commission [MEC] is yet to start receiving nominations for the presidency and it is wrong to claim that we are targeting some individuals. Further, much as we would want the Bill tabled now, it is up to Parliament on when to do that, it can even table it next year.
“Parliament wrote to us back on Tuesday, providing guidance through Standing Orders on how best we can develop the Bill and I am engaging my lawyers so that we follow the guidance given.”
Khombe dismissed suggestions that he was being used by some politicians to advance the agenda.
Parliament spokesperson Ian Mwenye confirmed receipt of the letter and guidance provided.
He said: “The secretariat has provided the group with guidance on the Parliamentary procedure for handling such matters. You may reach out to the group for further details.”
In a separate interview, private practice lawyer Justin Dzonzi said the proposed law would fall under Private Bill, where an individual or institution works behind the scenes and submits it to a member of Parliament (MP) who can table it in Parliament.
He said: “I am not aware of any limitation on processes from preparation of a Bill up to handing over the Bill to an MP. They only start when the MP presents it in Parliament where all procedures laid out in the Standing Orders state.
“If MPs will require more consultations, then they will let the Legal Affairs Committee do that, because in our jurisdiction, a list of consultations is not a requirement, we just need a memorandum explaining the essence of the Bill.”
Dzonzi said there have been consultations on the Bill, emanating from the 2007 Conference on Constitutional Review, but said the difference this time was the timing of the Bill.
The development comes after last week, Parliament and the Ministry of Justice said they are not aware of a proposed Bill seeking to amend the Constitution to cap the maximum age for presidential candidates.
Leader of Opposition in Parliament George Chaponda also said the Business Committee, which approves what should be deliberated in the National Assembly, did not discuss the age limit Bill or petition.
The sentiments come after Democratic Progressive Party (DPP) secretary general Peter Mukhito indicated that Malawi Congress Party (MCP), the key partner in the now disintegrated Tonse Alliance, was pushing for such a Bill ostensibly to bar DPP president Peter Mutharika from contesting in the September 16 2025 General Election.
Yesterday, both Chaponda and Mukhito could not be reached for comment.
Malawi Law Society (MLS) president Patrick Mpaka said earlier that the Constitution in Section 87 addresses issues of capability of a President and Vice-President, as such; there is no constitutional gap that the proposed amendment seeks to address.
Currently, Section 80(6) of the Constitution stipulates that a person is eligible for election as President or Vice-President if he or she is a citizen of Malawi by birth or descent and has attained the minimum age of 35, but there is no maximum age cap.
Earlier attempts to table a similar Bill in 2018 and 2024 fell off.
