By Katiwenge Chirambo
Chakwera is very stressed about the Electoral court case. Chakwera is said to be blaming Mkaka for the blunder of rescinding the appointment of the MEC Commissioners.
The removal of the Commissioners, especially Kunje and Mathanga was Mkaka’s obsession since their first appointment.
Drama is said to have gripped State House bedroom number 1 with Chakwera also angry at Monica. It was Monica’s insistence that Chakwera appoints Thabo Chakaka Nyirenda as the AG despite his lack of experience. The performance of the AG left the MCP in a huge panic and disarray.
As we speak, Chakwera is preparing papers to ask for parliament to approve over K900-billion in government loans so that they can use it to fund campaign projects. The first trench of K70-bilion is to save the collapsed AIP scheme. Plans are afoot to bring back the Bank of Baroda Housing Scheme loan Bill via the backdoor in parliament.
Many of Chakwera’s advisors are scared of telling him the truth about the reality on the ground because Chakwera is short tempered and vindictive.
On the court case, Mkaka banked on the K25-million the MCP paid in trenches to Judge Kenyatta Nyirenda to also include the line that “The Presidential Elections shall not be affected by the nullification of the MEC commissioners.”
The MCP already knew and anticipated that the matter would be under contention. But they played a clever scheme that was sold to Chakwera.
The scheme was that Mkaka (MCP) would be the one challenging the office of the President (under Chakwera) about the MEC commissioners appointment – and that Chakwera would not oppose it.
The plan was crafted in a manner that the DPP or fired commissioners would have no recourse to challenge the case. And it nearly worked, until Chief Justice Andrew Nyirenda approved the DPP’s very sophisticated challenge.
Beyond removing the commissioners and the useless line inserted by Judge Kenyatta Nyirenda, the MCP had no plan. They celebrated a day before judgement, because the court registrar sent a copy of Kenyatta’s judgement via WhatsApp to Mkaka. And Chakwera was now freed from the burden of how to fire the DPP commissioners.
MCP legal team (which Thabo Chakaka Nyirenda was part of before being appointed AG) also banked on General Interpretation Act (GIA). Nyirenda, in his high court judgement, was also basing his decision on GIA – but in their miscalculation, they did not think that they are triggering a violation of Section 75 of the Constitution.
The game has changed now.
The former Reserve Bank Legal Officer, Thabo Chakaka Nyirenda has proven that the AG office defending the state does not have a legal strategy at all.
The preliminary hearing yesterday left Thabo Chakaka Nyirenda with a huge embarrassment. All Chakaka Nyirenda presented were arguments copied from social media Facebook statuses of Prof Chirwa and the faceless Facebook lawyers. He was completely out of depth!
AG Chakaka Nyirenda tried to argue the jurisdiction of the case, a point that was dealt with long ago by the Chief Justice who certified the matter constitutional.
Further arguments made by the AG again showed that he does not know not understand the DPP’s case, or its merits. This is when Chakwera realised that he was misled!
The reality that Chakwera would be vacating office at the end this case is now dawning in on the MCP. Forget the brave faces they are putting in public, they are in a panic.
Chilima is the only relaxed one because he would still remain VP when the 2014 status is returned by the courts. With the 2019 elections nullified, it is only the status of the 2014 elections that would remain legal.
Drama awaits Malawi!
We might be witnessing the rise and quick fall of the MCP and its flamboyant president, Lazarus Chakwera – and it is happening in a slow motion.