Former Ambassador to Japan Dr. John James Chikago has asked the Law Commission to invalidate the election of an incumbent president before his 10 years term expires.
The proposal once approved it will give President Professor Arthur Peter Mutharika a chance to rule for another five years unopposed from 2019 to 2024.
Writing on his official facebook page, Chikago who was recently welcomed in the ruling Democratic Progressive Party (DPP) said there was an error in drafting the country’s constitution especially on laws regarding the election of the President.
“A tactical mistake appears to have been made when drafting our Republican Constitution. The law used for electing the President and his Vice is based on the American Presidential system. That was fine but the mistake was made to include the re-election of an already elected incumbent president after serving five years of his or her 10 years term. The five year term is for Parliamentary candidates after their cycle is over but not the president.
“It appears the purpose for which the midterm elections in the United States of America was not understood properly. In America, the mid-term elections are for filling vacant seat not electing a president. Sadly, in Malawi, we subject a president who already majority votes and qualified for a ten year term. This anomaly and insistent with laws of natural justice. Why should a president who should be completing his ten year term go another election before his ten year term is completed?” wrote Chikago.
He added: “Yes, members of parliament can go for re-election after 5 years because that consistent with the laws of natural justice. My appeal as a Public Policy expert is for the Law Commission to invalidate the election of an incumbent president before his 10 years term has expired. This unlawful. Only members of parliament should be voted every five years.”
Meanwhile officials from Law Commission are yet to comment on the matter.