Lawyers query DPP’s impeachment mantra

Some legal experts have questioned the call from Democratic Progressive Party (DPP) to start impeachment proceedings against President Lazarus Chakwera, arguing there are currently no grounds warranting such action.

During a press briefing in Blantyre on Monday, DPP vice-president for Eastern Region Bright Msaka, a Senior Counsel, said with Chakwera not resigning for allegedly failing to deliver, the former ruling party may consider pushing for impeachment.

He said: “Every Malawian should be telling the President to resign. We should also talk to our members of Parliament so that we impeach Chakwera when we get to Parliament. This is an option that is available. All we need is to be empowered by Malawians so that we impeach the President.”

Msaka did not state how he expects Malawians to empower legislators to remove the President from office and efforts to reach him for further clarification did not yield answers yesterday.

But private practice lawyer John-Gift Mwakhwawa said yesterday that while it is legally possible to impeach a President under the Constitution, it is practically difficult to do so even if proponents had the numbers.

He said a new school of thought is emerging that questions the notion that impeachment of a President should be an exclusive privilege of Parliament without judicial oversight.

“There are no offences the President has committed under the Constitution or any other law, be it in the exercise of his powers or as an individual,” said Mwakhwawa.

University of Malawi professor of law Garton Kamchedzera described the impeachment calls as political rather than legal.

He said: “Indictment and conviction by impeachment of a President or Vice-President in Malawi can only be on the grounds of serious violation of the Constitution or serious breach of the written laws of the Republic occurring or coming to light during the term of the accused President or Vice-President, according to Section 86 of the Constitution.

“I did not get the particulars of the Constitution or other written laws and the alleged facts that amount to ‘serious violation’. Maybe you should ask them to particularize.”

On his part, Mzuzu-based private practice lawyer George Kadzipatike, while noting that Rules 208 and 209 of the Standing Orders of the National Assembly provide for indictment and impeachment procedures for the President and Vice-President, DPP’s calls are currently unawarranted.

He said: “At the moment, there are no grounds at all on which a motion would be tabled in the National Assembly to impeach the President. The President has not committed any, or any serious, violation of the Constitution or laws of Malawi.”

Impeachment procedures for the President or Vice-President, as laid down in Section 208(1), state:

“A member wishing to move a motion to indict the President or the Vice-President for impeachment shall give a notice of intention to move such a motion, signed by one-third of members of the Assembly to the office of the Speaker seven days before the motion to indict the President or the Vice-President on impeachment is moved in the Assembly.”