The determination statement on the eligibility of Muluzi signed by MEC chairwoman Justice Anastanzia Msosa, e-mailed to Nyasa Times
by State House Press Officer Chikumbutso Mtumodzi said the Commission
was compelled to consider the previous tenure of office in determining
the eligibility of Muluzi.
The Commission has examined section 83 (1) and (3) of the Constitution
which stipulates the tenure and limits the maximum number of terms a
person may serve as President of the Republic of Malawi, reads the
determination.
According to section 83 (1) of the Constitution, the President shall
hold the office for a term of five years. Further, section 83 (3)
provides that the President may serve a maximum of two consecutive
terms, reads the determination.
MEC added: The law is clear on these issues. The word maximum
indicates the highest number of terms a person may serve in the
capacity of President. While the term consecutive' means the order in
which the terms of tenure follow each other; one next to the other or
in a logical sequence.
The Commission said it took consideration the spirit of the legislators
in coming up with the provisions and the wishes of the people not to
return to the institution of Life Presidency.
MEC also noted that attempts to amend the constitution by introducing a
bill in parliament to enable the President to serve a third term failed
after the motion was defeated.
Although opposition UDF said they believe that the decision had been
made due to pressure exerted by government, MEC has denied the
accusation.
However, lawyers David Kanyenda has said in the army of Muluzi's legal
team, it is their considered view that MEC error in barring the former
president using section 83.
Muluzi who is challenging MEC decision in court said in a sworn
affidavit filed at High Court: "I am eligible to stand as a
presidential candidate in the forthcoming elections, after a lapse of
one term in office when another person occupied the office of the
president."
He added: "I only served for two consecutive terms and I was thereafter
succeeded by the incumbent State President Bingu wa Mutharika."
Meanwhile, Muluzi rejection was headline editorial in Botswana's leading newspaper, Mmegi.
The paper said at a time when the Southern African region is enduring
a battering, thanks to the mickey mouse installation of Andry Rajoelina
as the head of state of the Indian Ocean island of Madagascar by the
military, there is a breath of fresh air from Malawi.
The paper's editorial said it would have been a travesty of justice
if MEC had allowed Muluzi to run even though it is clear that he has
run his course.
Lest we forget, it was Muluzi who helped to rid Malawi of the then
dictator, Kamuzu Hastings Banda. Muluzi was considered one of the
leading lights who helped champion the cause of democracy. It is so
disheartening that he trashed such an illustrious legacy, while chasing
self-interest.
To Malawians it is now clear that Muluzi helped remove Banda while he
was privately habouring thoughts of installing himself as the
post-election despot in Malawi, writes the paper.
Six presidential pretenders including a woman and an independent
candidate are hoping to oust incumbent Bingu wa Mutharika in the 19 May
elections.
If Muluzi fails to succeed in the court case, UDF may provide another
candidate or it is widely believed it will implement its Plan B of
supporting MCP's John Tembo.
Tembo and Muluzi have been holding talks which sources say are meant at revisiting the fallback option.
Nyasa Times
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