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.
