Malawi: Legal Storm Brews Over Chakwera's SONA - Misrepresentation Sparks Accountability Debate

18 February 2025

As Members of Parliament (MPs) continue debating the State of the Nation Address (SONA), political and legal experts have weighed in on the implications of misrepresentations in the President's speech, with some calling for greater accountability.

Political analyst Wonderful Mkhutche has emphasized that MPs have a duty to verify the accuracy of the President's address and, if necessary, summon the Head of State to clarify any misstatements.

Meanwhile, Malawi Law Society (MLS) President, Patrick Mpaka, has cited legal provisions that criminalize the act of providing false information in Parliament, stating that such an offense carries a penalty of up to seven years in prison. However, he clarified that Section 91(2) of the Constitution grants the President immunity from criminal proceedings, meaning they cannot be charged under Section 105 of the Penal Code for misleading Parliament.

"It is obvious that a President does not compile such information alone. Those state officials responsible for developing this important parliamentary record should be held accountable for any inaccuracies," Mpaka stated.

With opposition lawmakers scrutinizing the veracity of the SONA's claims, Government Spokesperson Moses Kunkuyu has maintained that the Executive will allow Parliament to handle the matter independently.

As the debate unfolds, the question remains: should officials who prepare the President's address be held legally accountable for misinformation?

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