Malawi: Malawi Lawyers - No Constitutional Breach Over Mutharika's Absence

What the report says

Legal commentators in Malawi say President Peter Mutharika’s three-week stay in South Africa does not, on its face, amount to a constitutional breach. The discussion centers on whether prolonged absence from the country creates a legal problem or simply raises questions about public accountability and communication.

According to the Nyasa Times report distributed by AllAfrica, Senior Counsel Alan Chinula and Malawi Law Society president Davis Njobvu are among those saying the constitution does not set a maximum period a president may spend abroad. They also note that absence alone does not automatically prevent a president from carrying out office. By contrast, a formal transfer of power would require a constitutional incapacity process, including medical certification and other steps; the article says no such process has begun.

The report says the political debate has been sharpened by limited official explanation for Mutharika’s trip. Critics have questioned why the public has not been given more detail and why this is described as his fifth visit to South Africa since returning to office after the September 2025 election. Benedicto Kondowe is cited as arguing that legality and transparency are different issues, and that a lawful absence can still warrant explanation.

The article also notes that a ruling party official, Peter Mukhito, rejected claims that the president was bedridden and said he remains active in office. The broader point, as presented in the report, is that Malawi’s constitution provides a clear framework for incapacity, but not for managing uncertainty or limited disclosure about a president’s travel.