Malawi Law Society expects Chakwera to appoint a Vice-President to replace late Chilima by and not later than June 19, 2024

* Under section 84 and 88 of the Constitution, as read with section 45 of the General Interpretation Act, President Chakwera is required to appoint a replacement Vice-President within 7 days after the death of the Vice-President

* And in computing the 7-day period from the date of death to exclude any Sunday or Public Holiday, it is expected that by and not later than 19th June 2024, President Lazarus Chakwera should have appointed a person

* Also calls for the air crash investigation to be promptly resorted to by all stakeholders in order to timely and legally address the legitimate questions arising from this plane crash

By Duncan Mlanjira

In a public statement issued today, June 13, the Malawi Law Society (MLS) says it expects President Lazarus Chakwera to appoint a person to hold the office of the Vice-President by and not later than Wednesday, June 19, 2024.

Issued by MLS chairperson, Patrick Gray Mpaka, the call has been made in the exercise of MLS’ statutory mandate under section 64(d) of the Legal Education and Legal Practitioners Act ‘to protect matters of public interest touching, ancillary or incidental to law’.

MLS enlightens the general public that under section 84 and 88 of the Constitution — as read with section 45 of the General Interpretation Act — President Chakwera is required to appoint a replacement Vice-President within 7 days after his death.

And that in computing the 7-day period from the date of death — excluding any Sunday or Public Holiday — “it is expected that by and not later than 19th June 2024, President Lazarus Chakwera should have appointed a person to replace the late Right Honourable Dr Saulos Klaus Chilima in the constitutional office of a Vice-President.

The call by MLS has also been made in “grieving with the people of Malawi for the tragic plane crash at Chikangawa on June 10 —  thus the public statement requires “for urgent attention of all parties concerned”.

For the the guidance of the general public on key and urgent constitutional matters arising, MLS highlights that:

1. Section 12 of the Constitution binds all holders of legal and political authority to do so at all times with the view to protecting the public interests in a transparent and accountable manner in order to sustain the collective trust of the people of Malawi and to ensure and promote mutual respect and tolerance, collective security, morality and common interest. The constitutional obligation applies to all holders of legal and political authority across the political divide and governance;

2. The death of a serving Vice-President and the eight other officials under the circumstances so far disclosed triggers a legal obligation upon all authorities from across the political parties or groupings and State officials to pursue the truth and offer to the public a clear, timely and trustworthy sense of direction with objective and dependable answers to the many questions arising out of the 10th June 2024 tragedy and for all members of the public to seek such or provide answers when called upon in accordance with the rule of law.

Part VII of the Civil Aviation Act in section 48-49 and Division 22 of the Defence Act provides a detailed guideline to facilitate and guide air accident and incident investigation which we recommend must promptly be resorted to by all stakeholders in order to timely and legally address the legitimate questions arising from this plane crash.

3. Meanwhile, following the tragic death of the Right Honourable Dr. Saulos Klaus Chilima, while serving in office as Vice-President, and considering that the deceased and the incumbent President took oath of office on 28th June 2020 in terms of section 83 of the Constitution, the Malawi Law Society advises the general public that under section 84 and 88 of the Constitution as read with section 45 of the General Interpretation Act, His Excellency President Lazarus Chakwera is required to appoint a replacement Vice President within 7 days after the death of the Vice President and in computing the 7 day period from the date of death to exclude any Sunday or Public Holiday. As such, it is expected that by and not later than 19th June 2024, President Lazarus Chakwera should have appointed a person to replace the late Right Honourable Dr Saulos Klaus Chilima in the constitutional office of a Vice President.

“The Malawi Law Society, therefore, calls upon the President and all holders of legal and political authority at all levels across the political divide and in the Military and Aviation space as well as the people of Malawi generally to uphold the constitutional framework and the rule of law and to act timely and transparently in order to achieve the peaceful and lawful purposes of the Constitution, the Defence Act, the Civil Aviation Act, the General Interpretation Act and any other laws as may be relevant.