Proposal to limit presidential age in Malawi draws mixed reaction
Debate has ensued over the move by Nsanje South West MP Joseph Chidanti-Malunga who has filed a motion to trim President age limit to 65.
The motion seeks to have Section 80 (7) amended to provide for age for one to serve as President.
If approved a new clause (h) will be added to the Section to read: “No person shall be eligible for nomination as a candidate for election as President or First Vice-President or for appointment as First Vice-President if that person…,(h) “has attained the age limit of 65 or more”.
The Constitution prescribes 35 as the minimum age for a presidential candidate but is silent on the maximum age for Presidents.
A renowned governance commentator Makhumbo Munthali has welcomed the motion but suggested the 75 years might be “more ideal and realistic “as compared to Chidanti’s suggested 65.
“As I had said last time, if in our Constitution we were able to set a minimum age limit for someone to qualify to compete for the Presidency then certainly it is logical to also have a maximum age limit. It would be naive and gullible enough as a country to solely live such a decision to political parties conventions as suggested by the Law Commission of 2006 when in practice we know that such forums are merely monopolised by the party leaders in order to advance their interests,” Munthali told Nyasa Times.
Munthali said members of Parliament should approach this issue with sober minds and in the best interest of the nation.
“However, as I had earlier suggested while this amendment on the maximum age limit should be done in the current sitting of Parliament, it would be important that its operationalisation should start in the 2024 elections. This would address the fears that some may have that this motion is being tabled simply to tactically stop some Presidential candidates from standing in 2019 elections purely on political reasons rather than age,” he stated.
According to the Report of the Law Commission on the Review of the Constitution (2007), the Law Commission received submissions of the eligibility criteria on age for the President which included a proposal to lower the minimum age and a proposal to introduce a maximum age limit of 70 to ensure holders of the high office are able to keep up with the demands of the office.
One posted her comment on Facebook recommending that all presidential candidates are subjected to mental and medical checks to assess suitability to execute the duties of the highest political office in the land.
“We needs medical opinion on whether an individual can still effectively execute the office of the president at 75,” commented Grace Nkhoma.
Many youth were incensed by remarks by Finance, Economic Planning and Development Minister Goodall Gondwe who said running the President’s office and government affairs is serious business that requires old people who have experience and not ‘babies’ who are novices in State matters.
Gondwe, who will clock 82 this year, laughed off suggestions that the Democratic Progressive Party (DPP) should replace President Peter Mutharika with a ‘baby’ during the 2019 polls because he is aging.
Gondwe rubbished former first lady Callista Mutharika remarks that Mutharika, at 79, would be too old to carry on as President as he would be 84 years old at the time of leaving office in 2024 if re-elected next year.
The former first lady argues that it is normal that thinking capacity levels deteriorate as one gets older, and, therefore, favours Vice-President Saulos Chilima, 45, to lead beyond 2019 elections.
However, other commentators say people should avoid age discrimination.
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Under democracy anyone should be allowed to contest and stand for presidency even on their death bed unless they’re incapacitated one way or the other. If 18 years is considered to be an adult age then let them contest and if 94 years is good for the people then let vote for these old and dying species. That’s called democracy which doesn’t discriminate on the basis of age. Its the voters/people who have the power to make a decision as to who they believe would serve them well and look after their interests. As far as I know the constitution has given this power to all eligible Malawians to choose and vote for whoever they want. this age limit bill is a waste of time. People will choose and vote for whoever they want and don’t limit their choices. malaysia has just elected a 94 year old president for a 5 year term. Canada and France has presidents in the 30’s and early 40’s. If anything educate ordinary Malawians to be a bit sassy in the way they choose and vote for political leadership positions. We are just too ignorant and unsophisticated to operate in the modern world which is changing at dizzying rate.
Abale movement inayamba kale. So Chidanti was being used by the movement to bring down the government through maize gate hoax? When that failed the same Malunga is using another tactic. Mulepheranso. Amalawi anadzuka kalekale. Zonse zomwe JB, Chakwera, Chilima and company, mukunamizana sizitheka. APM is winning again.
Ok thanks malunga and kalisita polimbana ndi ankhalambafe. Pokonza lamulolanulo mulembemonso kuti nkhalambafe tisamavote nao coz vote yankhalamba ndi nkhalamba yemwe. Kalisita munthu omvetsa chisoni mmaganizo. How old was Bingu when you married him? maso akowo amangoona ukalamba wa mwamuna anzako basi? Shame on you. Tiyamba kampeni ya ankhalamba tione zitha bwanji.
What does it concern with Calista here?Za ziii no point
Our laws already forsaw that age limit is an important factor, it affects ones performance in a big way.Age limit is already applicable in the Civil Service(60 years old mainstraim civil service and 70? for the greedy and selfish Judiciary). Age limit should have been applicable to Councillors,MPs and Presidents long time ago if this bunch of the so called Politicians were not as greedy and selfish as they have been or will continue to be.
In the absence of the law on age limit, there could have been no problem at all beacuase the voters themselves could have an answer on an old fella but alas deep looted regionalistic,tribalistic, nepostic tendencies have proved to be stambling blocks.In Malawi, people can vote for even 100 years old presidents as long as they come from their regions,tribes.Some people of course not me have even joked that a dog can be put as a presidential candidate and can be voted for as long as it stands for some of these regional and tribal parties. I think, this is where we need a law on age limit to deal with the problem.
This is where all learned people in Malawi must stand up.Our law commission, Civil Society Organisations on Governance issues, political parties have been very sleepy in dealing with crucial laws such as age limit.
The retirement age in Malawi is 60. If the constitution has to be amended to provide for a limit, it should be 60. Anyone who is 60 and above should not be allowed to contest
Just wondering, if you exclude those aged 75, should they even vote since their capacity to think, according to Social and Physiological scientist like Callista, Malunga, Lunguzi, etc, without evidence, claim that old people have diminished thinking? Not every youthful politician is an example of a great thinker nor do they have same strength. Some youth can run a marathon while similar placed youths or same age can’t last a mile. We need all ages to participate in politics. Strict enforcement of laws must guide both young and old.
That’s why Malawi will never go forward as long as we have got people like you who always think negative things on a productive point
Bakili Muluzi was in his 50’s when he became president compared to Kamuzu who was in his 60’s
You can propose whatever you want but the effective date shall be 24 hours after the release of the 2019 electoral results. Chidanti if you are realistic include the following in your proposals:
1. Reinstate the recall provision.
2. Set term limits and age limit for MPs.
Let’s be realistic.Its got nothing to do with age.But the Vision and will power to make things happen.Kamuzu Banda was already in his 60’s when he returned to Malawi. He made things happen. We can not punish all Old People just because of One Clueless Old man.Bakili Muluzi was in his 40 ‘s when he became President. Did that make him Any Brilliant?Bingu was Old when he begun his first Term.But showed some brilliance Until some Tribalists hijacked his Second term.
Sorry my computer froze at the time of posting. So please use this edited post instead.
What is the problem with Malawians? You hate discrimination, nepotism, cronyism, tribalism, regionalism yet you are open to age discrimination. This is a slippery slope with no end in sight. Next you will justify with the simplicity of a drunk that only those with a Masters degree can hold the office of president, then those with a PHD, then only those who speak a language common to each region, etc. You are admitting shamelessly that democracy cannot provide for a people’s choice. In your capacity as MPs, you have no brains to educate masses to choose wisely or vote for candidates that have love for country and her well being. The age limit motion and debate seeks to curtail the democratic choice of a convention and indeed a political party. Democracy was never designed to suppress or block a party’s choice for its leader. You can vote against any party-chosen leader. If the limiters are right, why not move a motion on how to sanction nepotism, cronyism, tribalism, regionalism, and many similar-isms or why not challenge in parliament, discrimination in education when selecting candidates to Secondary School or University? By the way, many Universities in Canada, USA, and indeed western countries, have professors in their 80s leading bright researchers in ground breaking discoveries. The highest court in the USA, leads as an example of performance in a higher office, with its justices atlas in their 80s. How about that limiters? On the other hand, there should be a term limit for all MPs who are under performing or not contributing to development in their constituencies and the country as a whole. Why is it that MPs from the South and Central are not challenging the government on the so called quota system in education? You are equals with MPs in the North. As MPs you are supposed to fight discrimination in all branches of government policies together. So as long as discrimination helps you and your kin, it is good. Otherwise if it helps someone else, it is bad. That is being two faced. The opposition has to put forward legislation to help the country too. You are being paid by the tax payers just like those in the ruling party.
Logic tells me that the people who vote for presidents, parliamentarians and councillors are mainly the young aged between 18 and 36 (this aged group represents 68% of the population). These age group is responsible for getting people into power whether old or young. Don’t take away their right to choose by legislating age limits. Old people don’t put themselves into power but are rather elected by people who are mainly youngsters. They have a right to choice……it’s a human right.
Our problem is not age but stupidity – a disease which affects young and old in equal measure.
I agree with you totally.Some young men influenced by stupidity invaded the ifmis looted the government coffers the same way the elderly can loot. However age has an advantage due to maturity. Bingu was old heoght have bad things but he had a conscious to bark on tangible projects which we see today and will benefit our future generation. Similarly this Peter had a rough beginning due to floods droughts lack of donnor support but in the end they have worn that support back and in the absence of donnor support look at the road infrastructure etc low bank rates 6 months import cover. A man can walk into an internet cafe to import a car from Japan and will get forex from the banks. What these old guys are working on is electricity and they are fixing it.Though we still have black outs lighting has reached many rural trading centres under marep 8.In Malaysia they have voted back into power an 92 years visionary leader. Mikubvutikanji?
Logic tells me that the people who vote for presidents, parliamentarians and councillors are mainly young people aged between 18 and 36 (this population group from 68 of the Malawi population). This population drives who gets into power and therefore there choices can not be restricted by law. If the youths believe that a 94 year old can lead the country to prosperity then be it. In Malaysia they have done exactly that. Visionary, ethical and moral leadership is not a preserved in the young or the old but rather in both. What Malawi needs is a mix of the wisdom of experience from the old and the the vitality of ideas from the young. This should never be legislated.
Malamulo omapanga kamba ka jelasi satithandiza
AT 65 EVERYBODY WANTS TO
RETIRE NOTHING TO WORRY ABOUT OF THIS WORLD —LET THE YOUTHS LEAD THEMSELVES –ENOUGH IS ENOUGH WE HAVE DONE OUR PART —HOWEVER THE YOUTHS MAY REQUIRE OUR SERVICES AS ADVISORS NOT LEADERS —
Ma illegal immigrants mufuna ana opanda experience kuti muzingotibela miyala kumabweretsa chamba ndiankhwala wozunguza bongo!
Vice president is youthful Koma apangapo chani? It’s not issue of age.
Kodi ameneyu VP si ndiye uja anapatsidwa u chairman was ma reforms kodi akutanthauzira kuti zinanmuchimwa
Nthawi zina kuli bwino kulingalira usanalankule kuopa kupereka mtaji was bawo kwa amzako
and lower it to 20
Make it 70
at that age, the government will require me to retire
I had a lot of respect for Dr. Malunga after the Zambia Maize parliamentary inquiry. But he has become like other politicians.
Advocating for prosecution of reining president shows lack of understanding of the doctrine of constitutional theory.
If this is indeed the view of SKC, he is existing immaturity in state governance.
The constitution delegates a lot of responsibilities to the president. And if hw was to spend time attending to litigation, the presidency will be paralyzed from discharging official duties. And it begs the question of how impartial would the investigative authority be since president is their head of executive. It’s for this reason that constitution provides for removal of president first through impeachment before prosecution.
The same age limit law should also apply to our MPs
Chidanti Malunga is anti-APM and not well suited to make this proposal. In any case, even if passed, it may not apply on APM because laws cannot be applied retrospectively. It has been a waste of parliamentary time.
My fellow Malawians,
Let’s realize that the root cause of our poverty has nothing to do with age but exactly the main issue that is causing this debate – OUR THINKING!! We need to change our mind set and focus of things that will make a real difference.
Our current vice present is a youth, most of the head of our institutions are youths, most of the individuals involved in cashgate are youth etc. Let’s address the root cause , OUR THINKING , to fix our nation and not these superficial issues.
OOh my Malawi!!
My friend, leadership is very important in mindset change. It has to start from the top. Just compare with Dr Hastings Banda’s time. He did not tolerate nosense. That is why you find that what was put in place during his time. Still stands today. Leadership is very important for development.
It is right and proper to put people who are not tired because with old age comes tiredness, and slowness in both thinking and execution. That is why very old people stay at home and rest because their energy and zest for life dwindles. This is a fact of life. You do not expect someone who is 70 to act and perform just like someone in his/her 40’s. Though it varies but I think putting a cap on age limit is welcome to avoid other people taking advantage of the oldness of a purported leader to rule behind the doors. The maximum age of 65 is fine since if one saves for 2 terms it means they retire at 75. We want people with energy and zeal for life to run the affairs of the state. It is not their problem but time my friend is limited for all of us.
I support the age limit of at least 70
There must be maximum age limit. I suggest 75. This should apply to Members Parliament as well.