Malawi is facing a constitutional crisis following the controversial dismissal of Malawi Electoral Commission (MEC) commissioners Jean Mathanga and Linda Kunje, legal and political experts say.
Garton Kamchedzera, professor of law at the University of Malawi’s Chancellor College and Humphrey Mvula, political researcher and strategist were reacting to the firing of the commissioners and the subsequent suspension of operations by the elections governing body.
Speaking to YFM, Kamchedzera questioned Dr Chikosa Silungwe’s legal advice to the commission to suspend its operations in-line with the dismissal of the two commissioners.
Kamchedzera argued that the matter is confusing because the Attorney General is mistaking MEC as an institution for individuals working as commissioners.
“The two sides are not giving the public what the law says on this matter and it is confusing,” he said.
“The Attorney General is mistaking MEC and its operations as a corporate institution with individual commissioners who supplement the operations of the commission.”
Kamchedzera argued that the commission is established by the constitution and it will exist whether it has commissioners or not.
He further blamed the Office of the President and Cabinet (OPC) for invoking the law regarding dismissal of the two commissioners at an unnecessary time, arguing this should have been done some time back.
Speaking in a separate interview, Mvula warned that if government does not remedy the situation, it will affect the operations of the electoral commission.
Mvula said government should reconstitute the whole elections governing body in the soonest time possible.