Amid heightened calls for the State to clarify President Peter Mutharika’s whereabouts, legal experts say his absence does not breach any law.
But the legal pundits have asked government to be more transparent.
On Sunday, governing Democratic Progressive Party (DPP) secretary general Peter Mukhito refuted public speculation that Mutharika was bedridden, saying instead the President was discharging his constitutional responsibilities.
Mutharika has been in South Africa on a private trip for three weeks now, with different stakeholders calling on government to explain his continued absence.
In a written response, Malawi Law Society president Davis Njobvu said although the Republican Constitution does not provide for how long a President may stay outside the country, what is lacking is clear information to the public on the reasons for his absence.
Mutharika. | Nation
He said according to the Constitution, one cannot say that by staying outside the country for any number of days, the President has directly violated a particular law.
Said Njobvu yesterday: “However, in our view, what is lacking is clear information to the public as to the reasons for his absence and any other relevant information in accordance with the principles of transparency and accountability, bearing in mind that the presidency is a public office.”
Similarly, activist and private-practice lawyer Benedicto Kondowe said a prolonged absence without adequate official communication raises legitimate concerns about transparency and public accountability.
“Constitutional permissibility must not be confused with sufficient public accountability,” he said.
Kondowe added that Mukhito’s statement, in his capacity as DPP secretary general, constitutes party communication rather than official government communication, unless expressly authorised by government.
Meanwhile, the Centre for Human Rights and Rehabilitation (CHRR) and the Human Rights Defenders Coalition (HRDC) have urged the government to clarify Mutharika’s whereabouts.
CHRR executive director Michael Kaiyatsa said in a written response that Mukhito’s statement does not adequately address the concerns people have.
On its part, HRDC also issued a statement yesterday, calling on the government to be clear about Mutharika’s absence.
In his statement, Mukhito said he met Mutharika in South Africa on October 23 2026, where the two spent more than an hour discussing various issues.
According to Mukhito, modern communication technologies allow leaders to conduct consultations, make decisions, and undertake administrative responsibilities from different locations.
Last week, main opposition Malawi Congress Party director of campaigns Moses Kunkuyu said Malawians deserve an explanation about the President’s absence amid multiple crises of fuel, electricity and water supply.
This is Mutharika’s fifth private visit since he returned to power one year ago after winning the September 16 General Election. He left the country on October 6 2026.
