Mixed reactions on appointment of Justice Kachale as new MEC chairperson

By Duncan Mlanjira

While the choice of High Court Judge, Justice Dr. Chifundo Kachale as the new Malawi Electoral Commissioners (MEC) chairperson, has been well appreciated by the general public — describing him as a man of integrity both as a professional and as an individual — many have expressed their reservations.

In a post on Facebook, prominent lawyer, Wapona Kita described Justice Kachale, a product of Kamuzu Academy, as an epitome of what a judge ought to be.

“Lawyers who have appeared before Justice Dr. Chifundo Kachale will agree with me that he is one of the no-nonsense judges we have in the judiciary. 

“If your case is bad before him, it’s bad. If it’s good, it’s good. He is an epitome of what a judge ought to be — and an intelligent one too. If you are appearing being him, just have your facts and the law right. 

“I, therefore, have no reason to doubt his competency as MEC chair notwithstanding that the other commissioners may be of questionable competency. Congrats to him.”

In reaction to the post Katundu Chitseko said “sometimes high integrity professionals change with passage of time for various reasons” to which Ackim Kuyokwa agreed, saying the choice of former Jane Ansah — whom Kachale replaces — was also greatly approved as she was touted to carry out her duties well, her being a church bishop.

But she ended in disgrace when she was declared by the same judiciary she belongs to as having acted incompetently in the 2019 tripartite elections together with her fellow Commissioners — Bishop Mary Nkosi (who resigned last month); Dr Moffat Banda; Elvey Mtafu; Ambassaor Yahaya Mmadi; Rev Clifford Baloyi; Rev  Killion Mgawi; Linda Kunje and Jean Mathanga.

Chawezi Banda prayed that Kachale “better not get choked by the thorns along the way” to which Kondwani Chinele responded that a man with principle and integrity shall always be one.

Matthews Mtumbuka posted a flier of adverting a ‘Men’s Business Breakfast’ in which he co-hosted with Kachale as guest speakers.

“Justice Dr. Chifundo Kachale tackled ‘Integrity & Ethics. I covered ‘Fighting Smart Battles’.

“Masterclass talk he passionately delivered — fused with Biblical foundations and references. I can vouch for him to take that big mantle as MEC chair. 

“So to him I say: ‘Big congratulations and all the best. Most importantly, keep to the expectations. Many that know you have trust that you will be objective and do an honorable job. 

“Please dont disappoint any of the good people. Do disappoint anyone that wants to abuse the system and processes. Good luck.” 

Mzondi Lungu came with a different view hinting that the composition of the MEC Commissioners is clearly a breach of the law as it is a contempt of court and also contempt of Parliament. 

“First test for Kachale, the test of integrity and ethics — would he accept to head a commission when doing so would be to perpetuate and continue to perpetuate these illegalities?” he asks.

This comes after the public has questioned that President Peter Mutharika maintained two of the Commissioners, Kunje and Mathanga after both the Constitutional Court and the Supreme Court of Appeal ruled that the whole MEC Commissioners whom Ansah headed were incompetent and had to be completely replaced.

Lungu said Kachale cannot be 100% trusted that he would be neutral just because he goes to church yet the country’s electoral process “is in this mess because of Commissioners who claimed are church going or pastors”.

“Some of them are these two ladies APM has illegally re-appointed  despite being found grossly incompetent by both upper and lower courts. 

“So let’s not give Kachale a blank cheque of trust from the word go. People must treat him with suspicion from day one until he can prove himself. 

“Don’t simply trust because [he has a] PhD and [is very religious]. That’s how Jane Ansah conned the nation. I personally think, at times non religious people have great common sense than some so called prayerful people amongst us.”

Kondwani Zulu believes Kachale is a good person and a good judge but “I am exercising my mind that a good guy like Chifundo shouldn’t be put in the same bracket with Linda Kunje and Jean Mathanga”. 

“Why has the President been comfortable to make this decision? The other two are clearly scoundrels. Two courts plus Parliament found them so. 

“The President wants to spite the courts and Parliament by re-appointing them. My question is, why is the President comfortable to put Chifundo in the same bracket as these scoundrels?”

But Cuthbert Kachale defended Mutharika, saying parties nominate the commissioners, whether new or repeats. 

“Commissioners are just players in a team. If a team is dissolved some players can be recalled. The Judicial Service Commission which appoints Magistrates, nominates High Court and Supreme Court judges, nominated High Court Judge Chifundo Kachale to chair the Electoral Commission. 

“President Mutharika rubber stamped the appointment. Where did the  President go wrong?”

Meanwhile, former Attorney General Ralph Kasambara and Minister of Justice the composition of the new MEC Commissioners that has four from President Mutharika’s Democratic Progressive Party (DPP) is a breach of the Constitution.

The DPP is being represented by Arthur Nanthuru, Steve Duwa, Mathanga and Kunje while the MCP has Dr Anthony Mukumbwa and Olivia Liwewe.

Kasambara says “the law is clear as to which parties were required to submit names to the president. Only those that achieved 10 percent of national Parliamentary vote.

“Again the law is clear that the appointment of Commissioners is proportional to the nominating parties representation in the National Assembly.

“Again no party was to submit more than 3 names — meaning no party was to have more than 3 of its nominees appointed as Commissioners.

“Again the law is clear as to the fact that only suitably qualified persons are to be appointed. Hence, if one has been declared by the highest court of the land to be incompetent surely that person is not suitable for appointment.

“To all concerned, Malawians don’t fall into the trap of demos and litigation challenging the newly appointed commissioners — it’s a Trojan Horse.

“Let’s concentrate on campaign and more so creating and investing in systems that will ensure voting and counting process integrity and creation of pararell tally centre.”