Malawi’s reknown former Attorney General, Ralph Kasambara SC, has faulted the Public Affairs Committee [PAC] of Parliament for recommending to President Dr. Lazarus Chakwera to fire two MEC Commissioner over incompetence they exhibited during the last MEC’s cohort tenure.
MEC Commissioners, Dr. Jean Mathanga and Ms. Linda Kunje were declared incompetent by both the courts and PAC that they should not be trusted to run any future elections in Malawi.
The two Commissioners, besides being declared incompetent, were part of the Commissioners that presided over Fresh Presidential Elections [FPE] in June 2020, that saw President Dr. Chakwera became victorious in the elections which were declared free, fair and credible and the other by–elections.
Attorney General, Dr. Chikosa Mozesi Silungwe advised Government to let the two Commissioners sign their contract agreement forms with MEC, but this has led to public debate of their incompetence.
Writing on his official face book page, Kasambara, said the matter of the two Commissioners was decided by former President Professor Peter Mutharika, the issue was left to lie till the last MEC cohort finished its term in office.
Kasambara said Professor Peter Mutharika appointed the MEC Commissioners that included the two, no one challenged their appointment, they held the First Presidential Elections [FPE] that were all claimed free and fair, the current President was elected, they again held the by elections where MEC was victorious.
He said the current President Dr. Chakwera commenced legal action challenging the two Commissioners, but later on voluntarily abandoned the case.
……”Now, you turn around and say they should be fired for incompetence? Incompetence under Justice Dr. Jane Ansah SC or incompetence under Judge Dr. Chifundo Kachale, please be serious,’’…….reads part of his writings on the wall.
Kasambara is advising the authorities to go back to football scenario where two players are red carded, VAR reverses the decision of the referee and the game is played on till the end, the two players cannot be disqualified.
He said PAC recommendations were nullified by former President Professor Peter Mutharika saying no any good lawyer that seeks to advice client goes beyond the layman’s understanding of facts and legal implications.
Kasambara said the current composition of Mec is defective, saying it is safe to use that route and disqualify the current MEC and reconstitute it, in so doing, the intended results will be achieved.
By Vincent Gunde