The MLS, in a powerful letter dated October 20 and signed by its President Burton Chigo Mhango and Secretary Martha Kaukonde, said it considers that it is a matter of national interest and a requirement of public safety and for the sake of upholding and sustaining the constitutional order and for the sake of future generations of the Republic to make the following observations, calls and suggestions to the relevant bodies, institutions and persons concerned:

. While the presidential election result remains subject of a legal challenge in Constitutional Cause No. 1 of 2019 at the High Court Lilongwe District Registry, President Prof. Arthur Peter Mutharika remains the President of the Republic and we therefore call upon the President to exercise his executive authority in the interest of national unity and must not pander or succumb to regional politics or any form of politics as the Constitution locates the presidency within the national as opposed to regional or political party scheme.

.The President’s conduct and involvement in the public sphere must reflect a desire to build a united nation under the constitutional order.

OPPOSITION MCP and UTM

.Equally, the political leaders of MCP and UTM must recognize and clearly inform their followers that while the presidential election result remains subject of a challenge in Constitutional Cause No. 1 of 2019 at the High Court Lilongwe District Registry, President Prof. Arthur Peter Mutharika remains the President of the entire Republic. That they, themselves, as persons and institutions appearing to seek justice under the law must not pander or succumb to political evaluation of every national programme or activity.

.Their public reaction to events in the country must reflect a desire to build a united nation as opposed to a desire to seek mere political authority and public office for its own sake.

.We call upon all the political leaders and addressees to our letter of 12th July 2019 to carefully consider and receive proper advice on the long term legal consequences of their inaction or failure to take control of their followers and the level of their possible personal responsibility should the nation descend into more violent chaos, damage and injury in the event of their followers failing to accept either outcome or any case management processes that may follow from the outcome of Constitutional Cause No. 1 of 2019 at the High Court Lilongwe District Registry.

PUBLIC AND HRDC LEADERS

.We call upon all members of the public, including but not limited to leaders of HRDC, while freely and peacefully pursuing rights and freedoms under the Constitution, to desist from the tendency and temptation to assume legal correctness of their perspective on any electoral issues currently directly and/or indirectly being deliberated upon at the Court. As a people we agreed under the 1994 Constitution that our differences will be resolved through the judicial system not through violence and/or instilling of fear in others. At the same time, we also agreed as people that our rights are inalienable but will be enjoyed responsibly.

GENERAL PUBLIC AND MEDIA

The general members of the public and the media fraternity be and are hereby reminded to observe law and order generally and to avoid sensationalizing sensitive matters that can easily create anger, violence and disquiet. With the advent of social media the public and the media fraternity is reminded that the use of electronic communication to disturb or attempt to disturb peace, quietness or the rights of privacy of others without any legitimate purpose is a criminal offence.

FIRST PAST THE POST

. Parliament and the Executive arm of Government should consider sections 6, 12 and 80(2) of the Constitution as a living document in the context of the relevant events described and decide whether a majority of the electorate in respect of presidential polls should still mean the first past the post or whether its should mean the majority of more than fifty percent(50%) of the valid votes cast at the poll as proposed in section 94(1)(a) of the Law Commission’s draft Presidential, Parliamentary and Local Government Elections Bill contained in the Law Commission’s Report of March 2017.

. Parliament and the Executive arm of Government should consider whether it is or it is not in the national interest for the maintenance of national relations aimed at promoting, safe-guarding and reinforcing mutual respect and tolerance, collective security, morality and common interest among the people of Malawi that any future presidential elections be conducted under an improved electoral legal framework consistent with the constitutional setting disclosed by sections 6, 12 and 80(2) as proposed by the Law Commission in the Law Commission’s Report dated March 2017 and whether it is not time for Parliament or the Executive to take necessary steps to achieve national unity in any future elections.

MPs ROLE

.Individual members of Parliament should desist the temptation to champion constitutionally thoughtless and divisive mechanisms and investing in political opportunism at the expense of clear constitutional framework that calls for unity and synergy as individuals enjoy rights.

.With their right to bring private members bills, we expect Members of Parliament to reflect on the Constitution and where appropriate bring up private members bills that seek to build rather than destroy the constitutional foundation of Malawi’s democracy and any gains made since 1994.