Mayors tussle with ministry

The High Court in Blantyre has issued a stay order on conducting elections of mayors and deputy mayors pending a judicial review.

This follows an application by four mayors and their deputies filed through Ritz Attorneys at Law, two months after the Ministry of Local Government, Unity and Culture issued a circular instructing local councils to conduct the elections.

The complainants include Lilongwe City Mayor Richard Banda, Blantyre Deputy Mayor Funny Balaba Kanojerera, Zomba Mayor Davie Maunde and Kasungu Municipal Mayor Heese Mclean Nyangu.

The elections were called following the expiry of their two and a half years tenure.

However, the four argue that the ministry does not have powers to sanction elections.

The application reads in part: “In terms of Section 147 of the 1994 Republican Constitution of Malawi, the power to sanction local government elections vests in the President in consultation with the Malawi Electoral Commission.

“In the context of the present case, the defendant’s decision is ultra vires the law as it has no power to sanction elections.”

They further argue that if the elections were held, the new office-bearers will be in office for a period of  less than what is provided by law.

This is due to the fact that the local government elections are scheduled for September next year alongside the parliamentary and presidential polls.

“It is also the claimants’ position that the defendant’s directing the new bearers of office in different local government authorities to hold office for a term shorter than the term stipulated under Section 7 [4] of the Local Government [Amendment] Act is illegal. The section provide as follows:

“The Chairman and Vice-Chairman shall each serve in their respective capacities for a period of one year, unless sooner replaced, and shall be eligible to be re-elected for one additional term.

“But so, however, that in the case of a City Council or a Municipal Council, the Chairman and Vice Chairman shall serve for a period of two and a half years, unless sooner replaced and shall be eligible to be re-elected for one additional term,” reads the application.

Furthermore, the lawyers argue that the ministry’s decision is unreasonable as it has “sanctioned the election of local government authorities with full knowledge that the said local authorities will stand dissolved in about twelve months due to the forthcoming general elections.”

In his ruling dated June 11 2024, Judge Allan Hans Muhome granted permission for the complainants to apply for the review of the defendant’s decision to sanction the elections.

The letter sanctioning the elections was signed by Secretary for Local Government, Unity and Culture Richard Hara.

Dated 22 April 2024, it reads in part: “This communication serves to remind all chief executive officers of councils that the term of office for mayors and deputy mayors will soon come to an end based on the actual dates they were ushered into office.

“Consequently, you are requested to prepare for fresh elections to be conducted at the next ordinary council meeting on the date coinciding with end of respective two and a half years term of office.”

In an interview on Friday, Ritz Attorneys lawyer John Kalampa said the court has set the matter for inter partes hearing on June 27 2024.

Normally, councillors stay in office for five years, but their tenure will run for six years following a Constitutional Court ruling that annulled the 2019 Presidential Elections results and sanctioned new polls in 2020

The court ordered that the next general elections should be held in 2025 to give the presidency a full five-year tenure. 

One of the mayoral elections affected by the court ruling is Zomba City which scheduled to hold the polls this Tuesday, according to the letter to deputy mayor Munila Bakali

It is signed by the city council chief executive officer Archangel Bakolo

It reads in part: “In line with the Local Government Act under Section 7-(4), as read with the memo from the ministry, you are hereby being informed that the end of tenure for the office of the Mayor and Deputy Mayor will be June 22 2024.” n