Section 88(2)of the Malawi Constitution stipulates that the President shall provide executive leadership in the interest of national unity in accordance with this Constitution and the laws of the Republic.
President Joyce Banda says in light of this section, it is her duty to protect the Malawian republic after noting that the electoral process has met numerous irregularities that many can bear testimony to.
She called for nullification of the electoral process and postponement of the elections for a period of 90 days.
“Even the Mec Chairman himself admitted having discrepancies. Some centers are registering twice the numbers of initial registered voters,” she said
She says it is not in her interest to stand for presidency in the elections to follow, she just wants to give Malawians an opportunity to fairly elect a leader of their choice.
Experts say the Constitution does not give the president the mandate to nullify the elections.
Asked to comment on this mandate Joyce Banda said the matter is up to the Attorney General to clarify.
Malawi Law Society says President Joyce Banda has no legal mandate to stop the electoral process and call for a fresh election in 90 days.
MLS President Mandala Mambulasa said legally, the Malawi Electoral Commission (MEC) cannot be challenged on the electoral process until final results are released.