Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

Legal News

: JURIST - The Paper Chase

Malawi court bars ex-president Muluzi from upcoming elections

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A Malawi court on Saturday barred former president Bakili Muluzi from participating in the upcoming election. The court held that the Malawi Constitution prohibits Muluzi from running for office after serving two consecutive five-year terms beginning in 1994. Article 83 of the Malawi Constitution provides that the president, vice president and second vice president "may serve in their respective capacities a maximum of two consecutive terms," although the language is unclear on whether this bars someone from serving a third, non-consecutive term. The court's decision came after Muluzi appealed a nomination rejection by the Malawi Electoral Commission (MEC) in March. President Bingu wa Mutharika urged the MEC to reject Muluzi's nomination. Article 76 of the Malawi Constitution provides that the High Court holds judicial review power over the electoral commission. Muluzi is now backing John Zenus Ungapake Tembo for the office. In January, a court in Malawi held that Muluzi could be investigated for alleged theft of international aid money. Both Muluzi and Mutharika have been accused of corruption in the past. Mutharika defected from Muluzi's Democratic Front party to form his own Democratic Progressive Party (DPP).

Full post as published by JURIST - The Paper Chase on May 17, 2009 (boomark / email).