Saturday, 24 May 2014
Read Malawi's constitution here Try to find why some law experts says Banda is abusing her power to nullify elections lies.
Section 88 of Malawi Constitution : Responsibility of the President
88.--(1) The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall, as Head of State, defend and uphold the Constitution as the supreme law of the Republic.
(2) The President shall provide executive leadership in the interest of national unity in accordance with this Constitution and the laws of the Republic.
(5) The President and members of the Cabinet shall not use their respective offices for personal gain or place themselves in a situation where their material interests conflict with the responsibilities and duties of their offices.
Malawi President Joyce Banda on Saturday issued an order, stopping the Electoral Commission from proceeding with the counting of votes at the nataional Tally Centre.
Speaking on state run radio Banda declared this week’s chaotic election “null and void,” throwing the impoverished nation into crisis.
Banda has claimed there were “serious irregularities” with the poll, saying people had voted multiple times, ballots had been tampered with, presiding officers arrested, and the computerised voter counting system collapsed.
She therefore demanded that elections should be held in 90 days. she however indicated that she will not take part in the coming election.
However without indication any reason Banda disclosed that she will not participate in the coming election
Meanwhile reports indicates that the Malawi Electral Commission has consulted the Attorney General to seek advise on the development.
But some law experts in Malawi discribed Banda's move as a violation of the constitution according to Section 88 of Malawi constitution which states that " The president and members of the Cabinet shall not use their respective offices for personal gain or place themselves in a situation where their material interests conflict with the responsibilities