JB’s Cabinet firing illegal—law expert
Chancellor College law lecturer Garton Kamchedzera on Friday described Malawi President Joyce Banda’s firing of Cabinet as illegal.
Kamchedzera said under the Republic Constitution, it is not possible for the President to govern without a Cabinet.
He said the President can only reshuffle Cabinet or fire selected ministers and replace them.
“The President does not have powers under the Constitution to dissolve Cabinet. Cabinet must be there at all times and she has a duty to make sure that is the case,” said Kamchedzera, adding that Banda’s firing of the entire Cabinet should have extended to her position as well.
But Attorney General Anthony Kamanga said there was nothing irregular or unlawful in the President dissolving Cabinet as she has powers to do so under the Constitution.
Banda dissolved Cabinet on Thursday barely 24 hours after her return from the United States of America (USA) amid calls for her to fire some ministers in the wake of the Capital Hill cash-gate scandal.
All ministerial matters have been reverted to the Presidency through controlling officers.
Presidential press secretary Steven Nhlane in his statement on Tuesday said Banda exercised her powers as stipulated under Section 94 (1) and Section 95 (2) of the Constitution.
Section 94 (1) reads: “The President shall have the power to appoint Ministers or Deputy Ministers and to fill vacancies in the Cabinet”.
Section 95 (2) reads: “The President shall have the power to remove Ministers or Deputy Ministers from their posts”.
But Kamchedzera said that in an event of a dismissal, there ought to be a ready solution immediately without creating vacuums.
He cited Section 92 (1) that reads: “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.
Section 93 (1) further reads: “There shall be Ministers and Deputy Ministers who shall exercise such powers and functions, including the running of Government departments as may be prescribed by the president subject to this Constitution”.
Kamchedzera questioned the rationale behind sparing the presidency that had been presiding over a “failed” Cabinet.
“So all of a sudden, she is the clean one by firing her Cabinet. I think it is a ploy to fool the public. If her Cabinet failed, she failed. After all, she is rarely in her office herself. How does she expect ministers to work?” said Kamchedzera.
kamchedzara is right. she is too much all over to concentrate on running this country efficiently.
What our learned Law Professor is alluding to is not rocket science for any Jim and Jack to pretend not to comprehend because it is simple logic that “the ruled are tired of clueless leadership, have been short-changed all along since this party accidentally got into power, have had too many unfulfilled promises hence the unwillingness of the ruled to maintain being ruled by a bunch of people who can’t even take stock of proceedings in their own families. As is rightly mentioned Joyce Banda shouldn’t be playing sacred cow yet she was at the helm of this sinking ship. Whatever was done in Malawi came from her hence the calls for her stepping down as well. No matter how long it takes for this matter to be resolved, she will still one day be required to explain just like the calls she is making now of past regimes. The interesting thing is now that even “Azungu Andiuza” have seen the shortfalls and basically some of the funds she pocketed was donors’ tax payers money – mwina mukanaba msonkho wa aMalawi wokha.
This unfortune to say that she is clean yet they were working as a team amayi to Lead a country is no joke I remember u used to say amalawi chino ndi chaka chamayankho but Donors are pulling out are these answers watchout all these blunders 2years nanga 5years AaaAh u must go.
This is unfortune to say that she is clean yet they were working as a team amayi to Lead a country is no joke I remember u used to say amalawi chino ndi chaka chamayankho but Donors are pulling out are these answers watchout all these blunders 2years nanga 5years AaaAh u must go.
A Joyce Mulungu wayankha mapemphero athu. You have tortured Malawians enough by pretending you are a God fearer. Your children and family members should undergo the very torture you have inflicted Malawians with. GOD IS NO RESPECTER OF PERSONS MADAM. You are just about to be personally exposed. May that come very quickly so that your children too should learn to stay sleepless nights, your accounts should be frozen. Unfortunately, these things will take place while you are seeing. GOD IS GREAT.
It is rare to have African leaders step down honourably. In Japan, more than one PM stepped down bcos they felt things were not right and did not want to blame anybody but themselves as leaders
Cabinet includes the President and the VP. So disolution of cabinmet cannot have taken place. It is a fallacy to talk of disolution of cabinet. Moreover there is no constitutional specification of the number of ministers nor deputy minister to be in the cabinet. It can therefore be nil or any other number by way of vacancy (like at present where all ministers and deputy ,ministers have been dropped). Ministries always have a controlling officer, but not always have a minister. Ministers also need not be members of the cabinet even if the other members of the cabinet other than the P and the VP need be ministers or deputy ministers. But we agree that for practical purposes, it is dangerous to have a cabinet that has all posible ministerial positions vacant.