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PRESS STATEMENT
Her Excellency the President, Mrs Joyce Banda, has
listened carefully to the various voices expressing concern over the
delegation by her to the Vice President, Right Honourable Khumbo Kachali,
of her own role and responsibilities towards the Electoral Commision.
Her Excellency the President wishes to state very
categorically that she is the first to insist upon the independence,
neutrality, and non-partisanship of the Electoral Commission, in order
for the Commission to deliver for our nation free, fair and credible
elections. Further, Her Excellency the President is the first
to acknowledge that free, fair and credible elections are the foundation
of our democracy and a very critical ingredient for peace and stability
in our nation.
Therefore the undermining of the Electoral Commission’s
independence, neutrality and non-partisanship by any person, is the
last thing Her Excellency the President would tolerate in this nation.
As all Malawians know, the framers of our Constitution
and the Electoral Commission Act were clear about the need for this
nation to have an Electoral Commission that is independent, neutral
and non-partisan. Adequate safeguards are provided for in the
language of the law and in practice, to achieve the intentions manifest
in the Constitution and the law. The language of the Constitution
and the Electoral Commission Act are uncompromising. In stipulating
the only executive role, Section 6(1) of the Electoral Commission Act
states as follows:
“Every individual member and
employee of the Commission shall perform the functions and exercise
the powers provided for in this Act independent of the direction or
interference of
- any public office
- any organ of the government
- any political party
- any candidate
- any person whosoever or organisation whatsoever
Provided that for the purposes
only of accountability, the commission shall be answerable, and report
directly, to the President on the overall fulfillment of the functions
and powers of the Commission”.
Her Excellency wishes the Malawi nation to know that
she and her government will fully respect this law. Similarly,
she calls upon all political parties, politicians and other stakeholders
to fully respect this law.
Section 89(6) of the Constitution authorises the
President, without limitation, to delegate any of her powers and functions.
The specific language of Section 89(6) of the Constitution is as follows:
“The powers and functions of
the President shall be exercised by him or her personally or by a member
of the Cabinet or by a government official to whom the President has
delegated such power in writing”.
In delegating to the Right Honourable Vice President
the role of the President specified in Section 6 of the Electoral Commission
Act, the President was not assigning to the Vice President a function
different from the one specified in the law. As must be clear
to everyone, the President cannot give to anyone powers that she herself
does not possess.
However, notwithstanding the clarity of the law,
and although Her Excellency the President is convinced that the Right
Honourable Vice President would have discharged the role delegated to
him in a manner consistent with the law, she is of the opinion that
the greater national good will be better served by allaying the concerns,
fears and anxieties expressed by various Malawians and stakeholders.
Accordingly, the President has directed that the Presidential role provided
for in Section 6 of the Electoral Commission Act shall no longer be
exercised by the Right Honourable Vice President.
Moses Kunkuyu Kalongashawa, MP
MINISTER
OF INFORMATION
18 December, 2012
The Malawi Government has followed with keen interest
the healthy debate on the oversight role that Right Honourable Khumbo
Kachali, Vice president of the Republic of Malawi assumed at the Electoral
Commission in the recent cabinet that Her Excellency the President appointed
on 6 December 2012. The Government wishes to inform the public
that Her Excellency the President will address the nation on the matter
within the next few days. The Minister of Information will keep
the nation informed of further developments on this matter.
Hon. Moses Kunkuyu Kalongashawa, MP
Minister of Information
13th December, 2012
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