BY MLENGA MVULA, Former Judiciary Spokesperson
I remember one thing when I was studying Law at Chancellor College more especially Constitutional Law course was to do with interpretation. I must admit that Lawyers interpret laws differently because of one’s understanding. I must confess that studying Law is not something that would make a person superior to the rest.
However, the legal knowledge is somehow complicated. Whether deliberately or not it is another topic for another day. The hot issue at the moment is Judgment of 2009 regarding barrment of SKC in 2025.
The argument the newspaper coined was based on Bakili Muluzi’s idea to go for a third time. The Law under section 83(3) is very trite. It is trite in the sense that President, First Vice President and Second Vice President shall serve in their respective positions for a maximum of two consecutive terms. Beyond that, it is unconstitutional.
SKC is serving his last consecutive term as First Vice President and NOT as President. Therefore, in 2025 he cannot give it a go as First Vice President. Besides, the Law does not bar SKC from promotion.
This means that SKC can only contest as Presidential candidate in 2025 and not a Runningmate. This brings the debate to an end because SKC still stands a chance of contesting on a senior position (Presidency).
In Law, we are taught about precedents and a good precedent is one former First Vice President, Dr. Justin Malewezi, who contested in 2004 as Presidential Candidate upon serving the nation dedicatedly between 1994 and 2004.
Let us move on with life and never bend the Law.
Kkkkkkkkkkkkkkkkkkkkkkkk
What is this for f”k sake?
If you have nothing to write then it is better to remain silent.
Do running mates contest or they are hand picked by the president or chosen within a party set-up? The Malawi Constitution is clear on these statutes therefore don’t let individuals interpret it based on party affiliations. Chilima will have done two complete back to back V/President’s tenure of office by 2026 which will not allow him to stand for fresh elections as a president. Are you not the same people who went to town denigrating Atupele Muluzi, saying Malawi was not a monarchy? Now the tone has changed because it is your party or friend whose stakes are unfavourable? No it does not work that way in a democratic dispensation whereby the cake has to be shared equally, no individual is indispensable. Learn not to twist the law to suit your ego.