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ANALYSIS | Attorney General’s Role in the MEC vs President Case: Why His Involvement May Be a Problem
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Malawi Nyasa Times – News from Malawi about Malawi
This is what people often call a “Constitutional Court,” even though Malawi does not have a separate court with that name.
So, even though MEC started the case as a normal judicial review, it will probably become a full constitutional case.
In the famous 2020 presidential election case (Chilima v Mutharika), the Attorney General represented MEC.
A recent High Court case (Republic v Chilima, 2023) also warned that when government institutions are in conflict, the Attorney General must avoid taking sides.
As one judge put it, the Attorney General should act like a referee, not a player wearing one team’s jersey.