Realities after 3rd February, 2020

Realities after 3rd February, 2020

Realities after 3rd February, 2020

By Fryson Chodzi

Fryon Chodzi is a Civil Rights and Governance Commentator

With so much being stated and said of what will happen after the ruling of the Constitutional court on Monday 3rd February 2020 on the elections case, it becomes difficult to comment on things that emotive. However, I have been asked on a number of occasions by different people what happens to the country in the event of either ruling.

Paramount has been the following questions. “What happens to Vice President Chimulirenji in the event the Court nullifies the 2019 elections? Would Chilima be re-instituted to the Vice President position?”

Now that I say things as they are, and not saying what people want to hear but rather what they need to hear, I will respond to the most critical question thus far asked. What I am presenting here is my personal opinion and interpretation of the understanding as it emanate from the republican constitution.

Contrary to what most people and unfortunately even legal minds have been parading and propagating, my research and analysis have come to the following conclusion, I will stand by it, and even if (big IF) might be wrong (which is very doubtful) I will still hold to this analysis to be the true reflection of what will happen. Its as simple as this;

Regardless of the outcome of the judgement of the elections case by the ConCourt, the Presidency (President and Vice) is NOT changing.

I know that this is a bold statement I have made thus far but I will back up with facts. But I know that most of you have already listened to some legal people whom you think have the autonomy of the law. I am sorry to say they are wrong and most of the legal analysis that says Former Vice President Chilima will get back the position of the Vice President in the event the court nullifies the elections, they are just speaking from partisan point.

In order to get answers, as a people we don’t need legal minds to tell us what will happen but just refer to the Constitution of Republic of Malawi. First and foremost, always bear in mind that when the constitution is crafted, the crafters think of the unthinkable and there is what is called the spirit of the Constitution. The case of Bakili Muluzi vs MEC attest to this fact, that even on silent matters, the spirit of the constitution reigns supreme.

If you read the same Constitution Section 85, its very clear at how the vacancies in the Presidency (President and the Vice) arise. Section 86 of the same, also deals on how the President and First Vice President can be removed from Office. You will note that in either sections, a court ruling on an election case cannot create a vacuum in the Presidency nor remove anyone in the same.

In the event the Court nullifies the elections and fresh elections is called, the current Presidency (President – Mutharika and Vice – Chimulirenji) will see the process of administering the fresh elections unless factors as stipulated in Section 85 and 86 of the constitution are adhered to not to necessitate them.
In any way, the ruling of the court will not be a reset button for the elections. There is nowhere in the petitioner’s inquest demanding a reset and unfortunately our electoral laws have not term ‘Re-run’.

There has also been a reference point of Msungama vs MEC of which in my understanding was not a reset of the election. Because if it was a reset, the Msungama would have run a five year term but he only served for a year. This what it means is that even if we hold a fresh elections, whoever is coming in thereafter will only complete the remaining 4 years of the current term of the Presidency. What’s more interesting is that at parliamentary level, there is a vacuum, but at Presidency level there is no vaccum.

Unless you are thinking of partisan process and your mind is overcrowded to think that if the court nullifies the 2019 elections then, the Presidency is going, you have to think again. Where will Chilima carry his mandate from in order to be the Vice President? People must always bear in mind that Mutharika and Chimulilenji have the mandate of the people as they were elected in an election as Governed by the rules of Malawi.

The Court is not ruling to nullify the Presidency nor dismiss anyone from the Office, but rather determines whether the elections were held with accordance with law. In any event, just the same way all Executive decisions made by this Presidency remains valid until they vacate Office, the same way their presidency.

I pretty well know that by saying what I have said, I will anger a certain segment of the society that believes a ruling for the Petitioners in the case will mean automatic ascendancy to power to them. Think again. Your legal minds are also politically compromised and like a pendulum are swinging between truth and propaganda.
For me I say as it is. Chimulilenji is going nowhere even in the event the court nullifies the elections unless he is either impeached, or he resigns or there is a fresh election which ushers in a new Presidency. Let your legal minds back with law and constitution and counter argue me but not political emotions.

” Saying It Like It Is: It’s About Time Someone Has Got To Do It”

Malawi Exclusive

346 thoughts on “Realities after 3rd February, 2020

  1. I wanted to draft you a very little word just to thank you very much once again for your remarkable advice you’ve shown at this time. It has been quite particularly open-handed with you to offer unreservedly precisely what many of us would have advertised as an e book to earn some cash for their own end, most importantly considering that you might have tried it if you decided. Those points also worked to become great way to fully grasp the rest have the same dream just like my personal own to know a whole lot more with regards to this matter. I know there are lots of more pleasurable moments in the future for those who see your blog post.

  2. Vielen Dank für die Großen Artikel. Ich sind schon recherchieren dieses Thema für irgendwann . Die Dinge und Besonderheiten Sie angeben, ich war nicht bewusst. Ich werden anhängend Ihre website jetzt und idealerweise Sie werden mehr Ideen und Einsichten.

  3. Aw, this was a very nice post. In thought I would like to put in writing like this additionally – taking time and actual effort to make an excellent article… however what can I say… I procrastinate alot and by no means appear to get something done.

  4. Someone necessarily help to make seriously posts I would state. That is the first time I frequented your website page and up to now? I surprised with the analysis you made to make this actual publish incredible. Wonderful process!

  5. Wow that was unusual. I just wrote an incredibly long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say superb blog!

  6. Hello! I could have sworn I’ve been to this blog before but after browsing through some of the post I realized it’s new to me. Anyways, I’m definitely happy I found it and I’ll be book-marking and checking back frequently!

  7. Hi, Neat post. There is a problem together with your web site in web explorer, might test this… IE nonetheless is the marketplace leader and a huge element of people will leave out your fantastic writing because of this problem.

  8. Thanks for some other great post. Where else may anybody get that kind of information in such an ideal method of writing? I’ve a presentation next week, and I am at the look for such information.

  9. Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a bit, but other than that, this is wonderful blog. A great read. I’ll certainly be back.

  10. I think it is a nice point of view. I most often meet people who rather say what they suppose others want to hear. Good and well written! I will come back to your site for sure!

  11. I had fun reading this post. I want to see more on this subject.. Gives Thanks for writing this nice article.. Anyway, I’m going to subscribe to your rss and I wish you write great articles again soon.

  12. My brother suggested I might like this websiteHe was once totally rightThis post truly made my dayYou can not imagine simply how a lot time I had spent for this information! Thanks!

  13. However, it is virtually all done with tongues rooted solidly in cheeks, and everyone has absolutely nothing but absolutely love for his or her friendly neighborhood scapegoat. The truth is, he is not just a pushover. He is basically that special variety of person strong enough to take all of that good natured ribbing for exactly what it is.

  14. Hello there, just became aware of your blog through Google, and found that it is truly informative. I am going to watch out for brussels. I will appreciate if you continue this in future. Lots of people will be benefited from your writing. Cheers!

  15. Can I just say what a relief to seek out someone who actually knows what theyre speaking about on the internet. You positively know find out how to bring a problem to mild and make it important. Extra individuals have to read this and perceive this side of the story. I cant believe youre not more in style because you positively have the gift.

  16. A friend of mine advised this site. And yes. it has some useful pieces of info and I enjoyed scaning it. Therefore i would love to drop you a quick note to express my thank. Take care

  17. Pretty nice post. I just stumbled upon your weblog and wanted to say that I’ve really enjoyed surfing around your blog posts. After all I’ll be subscribing in your feed and I am hoping you write again very soon!

  18. Dignity College of Healthcare online surgical technician training is far superior to other online Surgical Technician programs because it includes the training, exam review and national certification exams. Register with Confidence and attend a nationally accredited, but affordable program. In just 4 months, you can complete the surgical technician program from the comfort of your home without a loan on your neck. Enroll now at

  19. Hey, I simply hopped over to your website by way of StumbleUpon. No longer one thing I’d normally learn, but I preferred your thoughts none the less. Thanks for making one thing worth reading.

  20. You guys have to check out this new bank where you can win money from purchases by earning “lotto tickets” and your savings account balance. I’ve won over 20 bucks in just the first few days using it for Doordash! If you use my ref code JAX4889 , we’ll both get 100 tickets. Yotta is an FDIC insured savings account recently featured in Bloomberg and Forbes where you can win prizes up to $10M every week.

  21. Hi, possibly i’m being a little off topic here, but I was browsing your site and it looks stimulating. I’m writing a blog and trying to make it look neat, but everytime I touch it I mess something up. Did you design the blog yourself?

  22. This is an awesome entry. Thank you very much for the supreme post provided! I was looking for this entry for a long time, but I wasn’t able to find a honest source.

  23. Amazing! Your site has quite a few comment posts. How did you get all of these bloggers to look at your site I’m envious! I’m still studying all about posting articles on the net. I’m going to view pages on your website to get a better understanding how to attract more people. Thank you!

  24. Good site! I truly love how it is easy on my eyes it is. I am wondering how I might be notified when a new post has been made. I’ve subscribed to your RSS which may do the trick? Have a great day!

  25. That is really fascinating, You’re an excessively skilled blogger. I’ve joined your rss feed and look forward to in the hunt for extra of your magnificent post. Additionally, I’ve shared your website in my social networks!

  26. I feel that is among the so much significant info for me. And i am satisfied studying your article. However should commentary on some basic issues, The site style is ideal, the articles is in reality excellent : D. Excellent activity, cheers

  27. I would really like to appreciate the endeavors you cash in on written this article. I’m going for the similar best product from you finding out in the foreseeable future as well. Actually your creative writing abilities has urged me to begin my very own blog now. Genuinely the blogging is distributing its wings rapidly. Your write down is often a fine illustration showing it.

Leave a Reply

Your email address will not be published. Required fields are marked *