The bill, according to sources in government, will propose the enactment of law that will make a Vice President to be appointed by the President and that the Head of State should have prerogative powers to sack.
The current Constitution states that an election to the office of Vice President shall be conducted at the same time as that of an election to the office of President and that a vote cast for a presidential candidate is a vote cast for the vice-presidential candidate. The constitution provision means that when the presidential candidate is elected the vice-presidential candidate is also elected.
Vice-President is also protected by constitution from being fired.
Section 86 (1) states that the Vice President, like is the case with the President, can only be removed from office where, as the case may be, has been indicted and convicted by impeachment.
President Bingu wa Mutharika is barred by the Constitution to contest again in 2014 and now faces a succession puzzle. There are widespread reports that the President wants to create a Mutharika dynasty by grooming his young brother Prof Peter Mutharika.
Ironically, Prof Mutharika Minister of Justice and Constitutional Affairs is in-charge of the constitutional draft amendment bill and has in place a task force for the agenda of becoming the next Malawi leader.
Sources said Sections affected by the Amendment Bill mainly include 83, 85, 86 (3), 87.
According to government insiders, the draft of the bill was recommended by a task force under the umbrella of Mulakho wa Alhomwe which is working to propel Prof Mutharika as the DPP 2014 torch bearer and wants to cripple the main challenger, Vice-President Joyce Banda.
However, supporters of Banda in both the cabinet, DPP structures and in government have also formed a Forum that seeks to defend, not amend, the current Constitution.
Any Constitutional Amendment bill that will be presented by Prof Peter Mutharika in parliament starting from marriage age bill (Chidyamakanda) should be given a deserved critique, said a source, a high ranking DPP official in the partys task force to defend the constitution.
However, Banda a hunger award laureate in 2005 together with Mozambiques ex-President Joaquim Chissano, recipient of many other international awards has since exonerated herself from any task force for 2014 presidency.
I dont have any task force and nobody can come forward to say that he or she has ever attended meetings organised by me to strategize for 2014 presidential elections, the VP told The Nation newspaper on Monday.
Mutharika during the opening of an orientation workshop for ministers and their deputies two weeks ago in Lilongwe conceded that there is power struggle in the DPP and urged minister s to stop positioning for 2014.
The Veep, observers say is capable of succeeding Mutharika and that the President placed a great deal of trust in Joyce Banda as a possible successor when he picked her as a deputy president who can ascend to presidency in case of incapacitation of the Head of State.
But Mutharika aides are coy with JB presidency: As a party, we are also fearful of Joyce Bandas links to most UDF guys. You know, she is a Yao, and her tribal inclination may result in her bringing on board some of our worst political enemies.
It has happened in Zambia where President Rupiah Banda has taken on board most of the enemies of late President Mwanawasa. Rupiah Banda went to the extent of sacking Mwanawasas trusted finance minister, a man called Magande. He further went on to influence the courts to acquit Frederick Chiluba.
When someone is President, you cannot stop him or her. Joyce Banda comes from a predominantly Muslim area. So if she is President, anything can happen. What if she starts filling positions with Yaos and Muslims? questioned the pro-Prof Mutharika activist.
We need continuity and the only person who can give us that continuity is the professor (Peter Mutharika).
Meanwhile, the VP despite being sidelined has adopted Mutharikas spirit of let the works of my hands speak for themselves.
African Union appointed Banda fondly called JB as Malawis goodwill ambassador for the safe motherhood programme and she has just be installed as an advocacy person for the early childhood programme.
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