Law experts Kasambara, Chilumpha say Chilima back as Malawi veep once court nullifies polls
A former Attorney General Ralph Kasambara a senior counsel in law (SC) as well as Dr Cassim Chilumpha SC – a former Vice President and law lecturer – have indicated that once the Constitutional Court sitting in Lilongwe nullifies the May 21 2019 presidential elections it will mean that immediate former Vice President Dr Saulos Chilima will be reinstated as veep.
Kasambara, writing on his Facebook account, said under Malawi laws nullification would mean fresh elections where teams are allowed to change candidates unlike a re-run where the same candidates on the ticket are the only ones eligible.
“Nullification means back to factory settings of May 20, 2019 (therefore) APM (Arthur Peter Mutharika) and SKC (Saulos Klaus Chilima) will be in charge,” wrote Kasambara.
This means that the presidency shall return to the state in which it was prior to the disputed polls, meaning that, as Kasambara observed, Mutharika shall be President and Chilima the Vice President.
Weighing in on the same legal opinion, Chilumpha a lawyer by profession and former Vice President under the late Bingu wa Mutharika, said he recieved queries on Kasambara’s opinion of which he said he (Chilumpha) endorsed as correct.
“Within our laws there is no re run but fresh elections in three months. Within those three months, APM will be President and SKC the Vice President,” wrote Chilumpha on his Facebook page as well.
Another issue being discussed in the public domain is whether the current vice president Everton Chimulirenji shall enjoy retirement benefits as vice president or whether it shall be deemed that he become vice president illegally and be demanded to return all money that he shall have drawn from the public coffers.
Experts indicate that the declaration of the presidential election and its results as null and void and the subsequent order for fresh election shall have the meaning that there was no presidential election so known by Malawi’s governing laws that took place.
“Therefore, the current vice president Chimulirenji will be void ab initio. His recognitions as vice president of the republic shall be deleted from its first footprints. Thus he shall not stand to enjoy any benefits (including retirement benefits) of the office of vice president,” chipped in one legal mind on social media.
However, on the question of whether he will be required to return all the benefits that he enjoyed in his illegal vice presidency, “the answer is NO. He shall not be required to do so. The law (in the PPE Act) actually shields him from that liability. The relevant part of the said law states that notwithstanding the nullification, all decisions and actions that were done in due exercise of power related to the nullified authority shall not be rendered null or void”.
The five panel judges bench sitting as constitutional court is finalising hearing of the case this week where the feeling from many is that the elections were heavily tampered with and full of irregularities therefore arranging nullification.
UTM and MCP took President Mutharika and the electoral body, the Malawi Electoral Commission to court over the matter seeking nullification.
When hearing concludes on December 6, the judges will give judgement within 45 days. Assuming they need all the 45 days, ruling will be delivered on January 20.
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RIGHT NOW IS ONLY S.CHILIMA, WHO WOULD RUN THE COUNTRY THAT HAS BEEN DESTROYED BEYOD REPAIRS IN BOTH POLITICALLY AND ECONOMICALY.MATHANYULA IS IN THE COUNTRYTO STEAL OUR RESOURCES WHICH WILL BE STUCKED IN FOREIGN BANKS LIKE WHAT MPONONGO BANDA DID WHEN WAS RUNNIG OUR COUNTRY AS IF IT WAS A PERSONAL ENTITY.THE TWO MUTHALIKAS,WERE HARD CORE CORRUPT THUGS. AS SUCH,MALAWIANS WOULD HAVE LEARNED A GOOD LESSON FROM THERE.HERE IN DIASPORA,WE HAVE TONS OF HIGHLY TRAINED ECONOMISTS BUT,UNFORTUNATELY, A BIG NUMBER ARE TUMBUKAS FROM THE DEAD NORTH.CRY BELOVED NORTHERNERS YOUR TIME WILL COME AND BEAR IN MIND THAT MALAWI WAS CREATED… Read more »
Chilima is overly ambitious and has outsmarted Rev Chakwera. For Malawians show him as someone with a huge ego the size of a heard of elephants and did not vote for him. Yet he has more presence in court than Rev Chakwera. I am sure Chilima is cutting deals with Kasambara and Chilumpha.
The Heading should be
‘FORMER INMATES WHO STUDIES LAW …BLAH BLAH BLAH’
Its a game of wait and see
Mbava zenizeni muziona posachedwapa kkkkkk ndikale lonse sipanakhalepo mbava ngati boma la DPP,onse kumbuyoku akunama.Take it leave it,no more ulamulilo ngati wa DPP udzaloledwenso ku malawi ai
Ku Malawi kuli zibwana, too much freedom is poisonous. Dziko losauka ngati ili kumangolisautsirabe mwa dala chifukwa cha anthu adyera ngati Lazalo ndi Saulo? Maganizo am law experts opanda ntchito akungofuna kusokoneza maganizo ama judge, koma sizi athandiza mpang’ono pomwe afa ndi olova, ma judge odziwa ntchito yawo sanganve izi.
kkkkk man zibwana akupanga ndi anthu anu a dpp because amaona ngati amalawi ambiri akuganizabe mwachikape nooooooo!!! zoona zake zichitike basi.Pilbenso kuthawa apa ai hahahaha
Kasambara is a convicted criminal.
Chilumpha is a failed politician.
Neither should be impugning the judicial process by providing uncalled for legal and biased opinions. Let’s wait for the Judges to rule. Lets not preempt and tarnish what until now has been a process which Malawians have respected and the world holds us in very high regard for.
Better Kasambara goes back to prison ASAP and Chilumpha finally retires from public life as a failed lawyer and politician.
Zooona
Zopusa ku Malawi ana pa mdale
While Kasambara and Chilumpha may be described as such, the truth of matter is they are just reminding us what the law says and not their thougts……………………………..! I hope you agree that what they are saying is what our constitution says! Nde alakwa chani? Kodi kupeza ndi zifukwa ali nazoku kukuwaletsa kunenapo zomwe malamulo amanena? Awansooooooooooo ngati ndi zaudani wakwanu nde nkhaniyo mwalowa nayo malo olakwikaaaaaaaa!
Brothers what I am saying is that when a case is in court the matter is subject to the court and criminals like Kasambara and fundamentalist like Chilumpha should keep their opinions to themselves!!! It defies logic that Kasambara should be out on bail for he was convicted for murder!!!
We know a Vice President can anyway not doing to much more appart from starting their own Party.
For the MPs and Counsellors we will see, but the million Dollar question remains: Who is paying the bill???
It should be on the accounts of the one who messed up! MEC, APM or Saulous and Chakwera?
Unfortunately, it is always us, the electorates and tax payers!
KKKKKK KOMA ZILIPO…….RE RUN!!! MALAMULO AKUTI CHANI PAKAKHALA KUBWELEZA CHISANKHO??? PETER AZAKHALANSO AUTOMATIC VICE PRESIDENT????? KKKKKK DRAMA DRAMA DRAMA!!! KOMA ANTHU AMANGIDWA ZINGWE SIZINAYAMBE.
Mpila umauwonadi ulikunjaeti.Wakasambara mpaka unyoro okhala top lawyer ndithu.Chigamulo cha izi chidzachokera ku Geneva chosapotela za chinyengo.