President has no powers to cancel an election: Malawi Law Society

Malawi Law Society chairperson Mandala Mambulasa has said   Malawi president Joyce Banda’s call to nullify elections results arguing the constitution does not give the president such powers.

Banda held a press briefing in Lilongwe at Kamuzu Palace where she called for fresh polls within 90 days thereby nullifying the current elections which it’s counting is underway at the national tally centre in Blantyre.

She cited section 88(2) which says “The President shall provide executive leadership in the interest of national unity in accordance with this Constitution and the laws of the Republic.”

But reacting to the president’s call, Mandala Mambulasa of the Malawi Law Society has said the constitution does not give such powers to the president.

“Honestly, there is no any section of that nature. I have read the constitution and I have electoral laws here. I have not been able to come across a section which empowers the president to nullify or indeed to stop the counting of the votes,” said Mambulasa.

Mambulasa also took time to advise political parties be careful with information they are giving to the public in an apparent reference to the error President Banda made by citing a totally wrong section in the constitution.

“Before people go to the media they should make sure that they have checked everything. Emotions are running high so we have to be careful with what we are giving to the public. This advice I’m giving to all political parties. They need to ensure that the statements they are giving to the public are carefully worded,” he said.

President Banda called Zodiak radio station to clarify her directive as she quoted a worng constitution section which does not exist  but still her explanation is full of lies that malawians are complaining  of the election and that it was rigged.

She said many malawians are calling asking her to help and she has by nullify  the elections.

MEc has since ignored her directive and counting continues and DPP president Peter Mutharika is in the lead.

Unofficial final results known to the whole nation indicate Mutharika won but Joyce Banda seems to be interns with that.