By James Gwati-The President of Malawi, Lazarus Chakwera, has suspended the operations of his country’s electoral commission and fired two top officials of the same commission.
Below is the full statement of the suspension of the Commission’s operations:
The Commission would like to inform the general public and all electoral stakeholders that on 13thApril, 2021, Commissioner Dr. Jean Mathanga and Commissioner Ms. Linda Kunje were, through the Chairman of the Commission, served with letters from The Secretary to The President and Cabinet informing the two that their respective appointments had been rescinded. This incident occurred as we are in the process of direct engagements with Political Party Leaders in the course of implementing the Boundaries Review and Delimitation Program under our constitutional mandate.
Following that development, the Commission sought advice from the Attorney General on whether in accordance with section 75 (1) of the Constitution, the reduced composition of the Commission was adequate for purposes of discharging its functions or exercising its powers. Through his letter dated 13thApril, 2021, the Attorney General, has advised the Commission that the effect of the rescission of the appointment of the two Commissioners was that the membership of the Commission was no longer in compliance with section 75 (1) of the Constitution. The Commission has been further advised that the remaining members of the Commission should not continue discharging any duties or powers of the Commission until section 75 (1) of the Constitution has been complied with.
In view of this development and advice, the Commission has henceforth no legal authority or basis to continue implementing its activities which become suspended by operation of the law until further notice. The immediate practical implication is that the program of engagement with Political Party Leaders and the entire Boundary Review and Delimitation Programme is likewise suspended, pending the resolution of the current legal quagmire surrounding the composition of the Electoral Commission by the relevant authorities.