African Elections Project (Accra)
18 May 2009
Lawyers representing Malawi’s former president Bakili Muluzi have said they would appeal the ruling of the Constitutional Court which observed that he was not eligible to stand in the May 19 presidential elections because the laws allow a person to stand for a maximum of two five-year terms.
Judge Edward Twea, who was leading a panel of three judges, said the constitution was clear that a person who had served two consecutive terms cannot stand again.
On March 20, the Malawi Electoral Commission (Mec) rejected Muluzi’s nomination papers to stand as a presidential candidate for the United Democratic Front (UDF) based on Section 83 of the Malawi’s constitution.
But Muluzi appealed Mec’s decision, insisting he was eligible to stand because he taken a five-year break from the presidency and also because of Section 81 of the Constitution.
Twea, however, observed that the term limits was put in the Constitution at the Constitutional Review of 1994 to deter life presidency.
“After looking at arguments from both sides and carefully studying the wording of Section 83 subsection 3, we have arrived at the determination that the section was clearly intended to limit the number of terms that a president can serve in that position. In this case the maximum number is two terms.
“This also means that if a president serves for one term and takes a break the constitution allows the person to come back to serve another term but no more after that,” he said.
However, lawyers representing Muluzi, Kalekeni Kaphale and Jai Banda said they were not satisfied with the court’s interpretation of the Constitution and would appeal at the Supreme Court within six weeks.
“It’s not about Dr. Muluzi, it’s for posterity. We want the Supreme Court of Appeal to clear this matter. Whichever president who serves for two terms and wants to come back needs to be guided; it’s beyond Dr. Muluzi,” said Kaphale.
“Our appeal would not affect elections because our client, Muluzi, has already forfeited his candidature. We are interested in making this part of the constitution so that there should be no more controversies in future. It is for legal clarity and posterity,” he said.
Attorney General Jane Ansah said this was an important ruling that would set a precedent for every presidential candidate for now and in future never to think of bouncing back after serving the mandatory two terms.
The UDF has entered into an electoral alliance with the Malawi Congress Party which ruled Malawi between 1964 and 1994.
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