On Tuesday, the Office of President and Cabinet purported that Kunje and Mathanga were adjudged incompetent by the Malawi Supreme Court of Appeal in the May 21 2019 Presidential Election case.
MEC Chairperson, Justice Chifundo Kachale, said that, “following the development, the Commission sought advice from the Attorney General on whether in accordance with section 75 (1) of the Constitution, the reduced composition of the Commission was adequate for purposes of discharging its functions or exercising its powers.
“Through his letter dated 13th April, 2021, the Attorney General, has advised the Commission that the effect of the rescission of the appointment of the two Commissioners was that the membership of the Commission was no longer in compliance with section 75 (1) of the Constitution,” said Kachale in a statement made available to MBC Online.
According to Kachale, the Commission has been further advised that the remaining members of the Commission should not continue discharging any duties or powers of the Commission until section 75 (1) of the Constitution has been complied with.
“In view of this development and advice, the Commission has henceforth no legal authority or basis to continue implementing its activities which become suspended by operation of the law until further notice.
“The immediate practical implication is that the program of engagement with Political Party Leaders and the entire Boundary Review and Delimitation Programme is likewise suspended, pending the resolution of the current legal quagmire surrounding the composition of the Electoral Commission by the relevant authorities,” he said.