Impeach Bingu—Kasambara

The non-functioning of the Judiciary—one of the three arms of the government, has prompted some quarters of the legal society to call for the impeachment of the president arguing that the president has committed the “highest offence in the land”.

The judiciary is in its second month of its indefinite strike.

Among other things, the judiciary is demanding improved conditions and increased perks.

Lawyer Ralph Kasambara says by failing to implement what is legally provided for, for the judiciary, President Bingu wa Mutharika is violating the Constitution from where he draws his mandate to govern the country.

“What the president is doing is treasonous. He needs to be impeached,” he said.

However Minister of Information and Civic, who is also government spokesperson, Patricia Kaliati, described Kasambara’s sentiments as “laughable and unfortunate”.

However, Minister of Information who is also government spokesperson, Patricia Kaliati said that she was aware that some lawyers have a hidden agenda against government that is why they are supporting the judiciary strike.

Mutharika’s Democratic Progressive Party (DPP) enjoys a majority in Parliament which can prove hard for impeachment procedures to go through.

However, Kasambara said he has trust in the Members of Parliament. He also called upon constituents to summon their MPs so that they impeach Mutharika.

With the judiciary on strike only two arms of government are operational—the legislature and the executive.

According to Malawi Law Society President, Gift Makhwawa, government has deliberately paralysed the judiciary and reduced it to a beggar.

“This situation will compromise the independence of the judiciary. MLS will always side with the law, hence we cannot mediate in this strike because this is not a matter of fact but it is a matter of law,” he said.

Commenting on what this means in terms of good governance, Mwakhwawa said Malawi is in a serious Constitutional crisis.

“We have suspended the operations of a full arm of government and this is serious. It is wrong to make the judiciary bargain their dues with government,” he said.

Kaliati, however, hinted that government is in talks with the judiciary, but she refused to say what the talks are about.

“You will know soon,” she said.

The doors of justice closed on January, 9, 2012 when the junior judiciary staff downed their tools asking for increased perks. With the strike showing no sign of ending anytime soon, Malawians have been left to hold the baby. Prison and Police cells are full.

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