Legal expert ‘junks’ call for VP resignation

One of Malawi's top-notch constitutional lawyers has spoken against calls by some cabinet ministers for the resignation and impeachment of the country's Vice President Joyce Banda.

Justin Dzonzi, Executive Director of Justice Link, a human rights advocacy group, says the calls to have the vice president impeached are groundless because the country's second citizen has breached no law tantamount to indictment.

Four of President Bingu wa Mutharika's ministers on Tuesday took turns to denounce the VP during a press conference in the capital Lilongwe where they also asked her to respectfully resign and join the opposition troupes.

The ministers included Henry Mussa of Local Government, Lucius Kanyumba of Labour, Lands' Yunus Mussa and outspoken Information and Civic Education's Patricia Kaliati.

Dzonzi: VP has not breached any law to warrant resignation or impeachment

Constitutionally, the vice president cannot be removed by anyone except through impeachment by members of parliament (MPs) and in this case the country's ruling Democratic Progressive Party (DPP) has the majority in parliament to indict her for impeachment proceedings.

But Dzonzi said the vice president cannot be impeached because of mere party politics as she has not broken any law or the Constitution of the country.

"Legal process would require that those calling for her impeachment have to lay down charges against the vice president showing that she has broken any of the country's laws or she has contravened the Constitution of the Republic of Malawi.

"However, it does not appear that she has broken any law of Malawi to be impeached. The existing differences between her and the DPP are party politics and have nothing to do with national issues, so she is not guilty of any offence," explained Dzonzi.

The ministers asked the VP to resign from her position for her persistent absenteeism from cabinet meetings and for fighting her own government which she is constitutionally part of.

The ministers' calls for Banda's resignation comes barely three days after presidential spokesman Hetherwick Ntaba argued that the vice president "resigned constructively" for not attending state functions.

However, the country's first woman vice president says she does not fear anything and will not be cowed into blind submission by the DPP and its leadership but will keep on pointing out their wrongs and ills that impact negatively on the people's livelihood.

"I don't fear arrest. I don't fear anything. Let Malawians judge me if I have committed any offence… I will continue to stand up and raise my voice on behalf of the people that employed me to serve them as keeping quiet would be abdicating from my constitutional obligation," Banda, who has now chosen to align herself with the opposition, said during a recent meeting of her party.

The VP fell out of grace with the Mutharika and his DPP barely two months after assuming office in 2009 after the president started positioning his young brother, Peter, to succeed him in 2014.

The VP refused young Mutharika to become heir to his brother and was eventually pushed out of the party before she formed her owned Peoples Party (PP) early this year.

Nyasa Times 14 Sep, 2011

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Source: http://www.nyasatimes.com/national/legal-expert-%e2%80%98junks%e2%80%99-call-for-vp-resignation/
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