Legal experts have warned that Malawi risks sliding into a constitutional crisis if the Democratic Progressive Party (DPP) succeeds with what some of them describe as a “political trick” and “constitutional fraud” to smuggle Jane Ansah into State House through the back door.
Speaking during a rally in Thyolo on Thursday, UTM Secretary General Patricia Kaliati laid bare a DPP scheme disclosing that presidential candidate Arthur Peter Mutharika has no intention of serving a full five-year term if re-elected in the September 16 elections.
Instead, she said, Mutharika intends to step down within 30 days of assuming office, paving the way for his controversial running mate, former Malawi Electoral Commission (MEC) chairperson Ansah, to ascend to the presidency.
“A Mutharika akula kwambiri ndipo alibe mphamvu zotumikira dziko lino. Cholinga chake ndi kungopereka mpando kwa Jane Ansah pasanathe mwezi umodzi. Izi ndi chiwembu choopseza demokalase yathu,” said Kaliati in Chichewa, drawing loud applause from supporters.
(“Mutharika has grown very old and no longer has the strength to serve this country. His only intention is to hand over the presidency to Jane Ansah within a month. This is a murderous plot that threatens our democracy”)
The DPP has not yet responded to the allegations.
Constitutional lawyers, however, say this DPP scheme, would likely plunge Malawi into dangerous legal waters and a constitutional crisis.
Under Section 80(6–7) of the Constitution, no person can be nominated or elected as President or Vice-President if they are incapacitated, adjudged of unsound mind, or otherwise unfit to discharge presidential duties. Some legal minds argue that by fielding an already frail and incapacitated Mutharika, the DPP could be seen as violating the spirit of this provision.
“Nomination requires not just citizenship and age, but also mental and physical fitness to discharge the duties of the office. If the DPP knowingly fields a candidate who is incapacitated, that candidacy itself can be challenged in court under Section 80,” said a constitutional law lecturer from the University of Malawi.
The issue becomes thornier when read together with Section 87, which governs presidential incapacity.
For a President to be declared incapacitated, there must be a medical certification, Cabinet consensus, and notification to the Speaker of Parliament. Only then can the First Vice-President (in this case, Jane Ansah) legally assume the role of Acting President.
“If Mutharika is incapacitated on Day One, then his nomination itself would be unconstitutional. The DPP cannot use Section 87 as a smokescreen to justify what is essentially a planned handover,” argued the law lecturer.
This means that if Mutharika resigns within 30 days of assuming office, Malawi could face an electoral nightmare.
According to Section 83(4) of the Constitution, if the President vacates office permanently, the Vice-President automatically completes the term. However, critics argue that if this vacancy occurs due to premeditated deceit, fielding a knowingly incapacitated candidate, the courts may be asked to annul the election altogether.
“Courts could rule that this amounts to an electoral fraud upon the people of Malawi. The people are electing Mutharika, not Jane Ansah. If he steps down immediately, there is a strong basis for challenging her legitimacy in court,” said one Senior Counsel.
The unfolding drama comes just three weeks before Malawians vote in presidential, parliamentary, and local government elections.
Analysts say the DPP’s silence on Kaliati’s allegations only fuels speculation that the party is hiding its true strategy.
“This issue plays directly into the hands of the Malawi Congress Party (MCP) and its presidential candidate Dr. Lazarus Chakwera. It paints the DPP as dishonest and manipulative, and it reinforces MCP’s message that it is the only party offering stability and transparency,” said one political analyst.
What emerges is a dangerous scenario. If Mutharika wins, but is immediately declared incapacitated or resigns and the courts agree with Section 80 arguments, the result could be annulment of the entire election, throwing Malawi into another uncharted political territory.
