PART3: PRESIDENT BINGU WA MUTHARIKA DIES, VICE PRESIDENT JOYCE BANDA MUST NOT BE PRESIDENT...
Heavy power plays, a tough military chief, a sloppy attorney general, the midnight six, ... the political deep state machinery out in full swing,
Do you have your coffee ready? Coz this is one interesting drama!
In April 2012 the president of Malawi collapsed and died.
Between the day he died and the official announcement of death, a LOT of things happened as previously narrated, including attempts to elbow Vice President Mrs. Joyce Banda out.
Joyce Banda had fallen out with President Bingu wa Mutharika who had begun to position his own brother, Peter Mutharika, to succeed him. As vice president Joyce Banda opposed this arrangement so she was sidelined and eventually left the party to form her own opposition party.
In Malawi, the president cannot fire a vice president per the Constitution of the country. A vice president automatically assumes power in the event of death or incapacitation of the president. So, with Bingu dead, Joyce Banda had to be president.
But there was a problem:
The ruling party wanted to swear in Peter, the president’s brother, as acting President and prevent Joyce Banda from becoming president.
At the hospital in Malawi, while his brother’s body was being attended to, Peter Mutharika asked if it would not be a good idea for the Malawi army to take over government for a while, so that Joyce Banda doesn’t ever become president
But when they summoned the Malawi Army Commander, one General Odillo, he refused to play along. He told them that the military correctly understood not only its role in such a situation, but also the constitutional provisions in the event of death of the President.
Then they asked the Attorney General for a legal opinion. The AG advised that in the event of the president’s incapacitation, vice president Joyce Banda takes over in accordance with section 87 of the Malawi Constitution.
Later that day, on April 5, when Bingu wa Mutharika’s body was flown out of Malawi to South Africa for “medical treatment” his brother Peter did not go with the body to SA. He stayed behind to work on the succession matter.
His first, and major obstacle was the military. So again, that evening, he called the army commander for a meeting at his house. Again, the army commander refused to play ball.
The Commander was to later say: "the suggestion that the military should take over the country made me extremely uncomfortable because there is no provision at all in the Constitution which provides the military taking over power or getting involved in politics."
On 6th April, Cabinet Ministers & Deputy Ministers met to try and find a way of stopping Joyce Banda from becoming President. By now, they all knew that the President had died but they agreed to keep it to themselves and not tell Malawians or even the Vice President, Joyce Banda
They decided that a court injunction against the Vice President’s ascendancy to the office of President would be obtained & this would allow cabinet members to choose an Acting President from among themselves.
But this plan leaked and Malawians started to react:
... Part 4, how did it play out?
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