OP-ED 

Where is separation of power of the branches  in Malawi as the Judiciary arrests a serving Vice President

Opposition leader Dr Lazarus Chakwera (Malawi Congress Party) went on to form a coalition with fellow opposition politician Dr Saulos Chilima (UTM)

ATLANTA (Maravipost) The Malawi Vice President was today seized by Anti-Corruption Bureau (ACB)  in the capital Lilongwe where he is to be formerly charged and also apply for bail.

Puzzling even though I am not a lawyer is the language below from our Constitution. Is the Vice President not get the same respect as his boss the ruling President.

91. Immunity

1. No person holding the office of President or performing the functions of President may be sued in any civil proceedings, but the office of President shall not be immune to orders of the courts concerning rights and duties under this Constitution.

2. No person holding the office of President shall be charged with any criminal offence in any court during his term of office.

3. After a person has vacated the office of President, he or she shall not be personally liable for acts done in an official capacity during his or her term of office but shall not otherwise be immune.

92. Cabinet 1. There shall be a Cabinet consisting of the President, the First Vice-President, the Second Vice-President and such Ministers and Deputy Ministers as may, from time to time, be appointed by the President.

2. The Cabinet shall exercise the powers and functions assigned to it by this Constitution or an Act of Parliament and shall be responsible for advising the

President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President.

3. Cabinet meetings shall be presided over—

a. by the President; or

b. in the temporary absence of the President, by the First Vice-President; or

c. in the temporary absence of both the President and First Vice-President,

by the Second Vice-President.

4. There shall be a Secretary to the Cabinet who shall be appointed by the

President and whose office shall be a public office and who shall—

a. has charge of the Cabinet office.

b. be responsible, subject to the directions of the Cabinet, for arranging the

business, and keeping the minutes of the Cabinet.

c. conveys the decisions of the Cabinet to the appropriate persons or

authorities; andd. has such other functions as the Cabinet may direct

Each of the three branches of government has wrongfully relinquished authority to the regulatory Executive branch: the legislative by delegating its lawmaking authority to regulatory agencies; the executive by allowing unaccountable “independent” agency officials to make and enforce the law; and the judicial by showing bias toward agency officials by deferring to them in court

If it  is not clear enough, Malawi Parliament should produce a law that leaves the Presidency (Principal and Vice) in-tact until the next elections. Otherwise, the Office of the Presidency in the Democratic Republic known as Malawi is highly compromised.

President Lazarus Chakwera this falls SQUARELY ON YOUR SHOULDERS. You must correct this anomaly. Anyone who touches your Vice is touching the apple of your eye.

Please do not be directed by foreigners or anyone with foreign interests (Sattar and even those investigating him) want to destabilize peaceful Malawi.

All they want Malawi to crumble like a good marriage, they are coming in to trouble-rouse the country so that we should fight with each other!

Disparaging your office this way, leaves you UNCOVERED.

Protect the Office of the Presidency.

Who is going to rule with the President until 2025?

Contribution By Janet Karim

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