Rédaction Africa Links 24 with Times News
Published on 2024-04-01 08:00:37
The United Transformation Movement (UTM) is of the belief that their president, Saulos Chilima, should be able to stand as a candidate in the upcoming presidential election next year. However, there are conflicting legal opinions on this matter. Some legal scholars argue that Chilima is eligible to run, while others believe that a previous court ruling may prevent him from doing so.
The legal interpretation in question stems from a ruling by the Constitutional Court in 2009 regarding former president Bakili Muluzi’s attempts to extend his rule. Muluzi, who served as Malawi’s president from 1994 to 2004, sought a third term in office through various means, including trying to amend the Constitution to allow for open terms and attempting to stand for re-election in 2009 after a five-year hiatus. However, the Constitution limits the presidency to two terms, leading some legal experts to argue that a State Vice President who has served two terms is also barred from running for president, as both positions are part of the presidency.
If the Constitutional Court’s interpretation holds, Chilima, who previously served as State Vice President under Peter Mutharika’s administration and later returned to the role under a new government in 2020, may be prohibited from running for president. To challenge this ruling, legal experts suggest that Chilima would need to appeal to the Supreme Court.
In response to these legal challenges, UTM spokesperson Felix Njawala maintains that the party has received legal advice indicating that Chilima should not be prevented from contesting the election. Njawala also mentioned that the party’s decision on endorsing Chilima as a candidate will be made at an upcoming convention.
Additionally, UTM’s alliance with the Malawi Congress Party (MCP) is a factor in their decision-making process. The alliance agreement, established in 2020, stipulates that Chilima and MCP’s Lazarus Chakwera would each run as presidential candidates on behalf of the alliance in separate elections, with Chilima slated to run in 2025. However, MCP has announced its intention to field Chakwera as its candidate, despite the alliance agreement extending until 2030.
The uncertainty surrounding Chilima’s eligibility and the future of the UTM-MCP alliance has raised questions about the upcoming presidential election. The two parties joined forces as part of the Tonse Alliance following the nullification of the 2019 presidential election results by the Constitutional Court. Despite disagreements on the alliance’s duration and candidate selection, both UTM and MCP remain key players in Malawi’s political landscape.
As the election approaches, the legal and political implications of Chilima’s potential candidacy and the UTM-MCP alliance’s future will continue to shape the country’s electoral landscape. The decision on whether Chilima will be allowed to run and how the alliance will navigate these challenges remains uncertain, setting the stage for a potentially contentious and consequential election in the coming year.
Read the original article on The Times
