Malawi President Peter Mutharika faces calls for transparency during South Africa trip

Legal experts in Malawi have stated that President Peter Mutharika’s three-week private trip to South Africa does not constitute a breach of the constitution. While the Republican Constitution does not specify a maximum duration for a president to remain outside the country, legal commentators note that the constitutional test for removal or transfer of power is incapacity, not physical absence. No formal process to declare incapacity has been initiated.

Despite the legality of the trip, the Malawi Law Society and other legal professionals have urged the government to provide clearer information to the public. Davis Njobvu, president of the Malawi Law Society, emphasized that while no law has been violated, there is a lack of transparency regarding the reasons for the prolonged absence. Similarly, lawyer Benedicto Kondowe noted that constitutional permissibility should not be confused with the necessity for public accountability in a public office.