Editorial CommentOpinion & Analysis

Government must respect the Constitution on Attorney General


It is a well-documented fact that the Democratic Progressive Party (DPP)-led government always becomes indecisive when it comes to national issues, unless the issue is to do with dealing with Malawians who are aligned with or deemed inclined to the opposition.

There are several instances that we can cite here to demonstrate the indecisiveness of the DPP administration.

But of importance to Malawians right now is government’s failure to the appoint an Attorney General (AG) following the expiry of Kalekeni Kaphale’s contract on June 30.


Malawians expect the government to either renew Kaphale’s contract or announce his replacement if the government does not want to continue associating with the respected lawyer.

We take exception to the explanation by Justice Minister, Samuel Tembenu, that there is no vacuum in the AG’s office just because there is the Solicitor General (SG).

Being a legal mind himself, Tembenu must appreciate that the framers of our Constitution had good reasons to have the positions of the AG and the SG. The two carry out distinct duties for the country.


Surely, the government should not expect the SG to be effective when she is advising herself and implementing her own advice.

We have so many fine lawyers that can ably serve as AG. If the administration is not comfortable with Kaphale, let it appoint another lawyer who will be vetted by Parliament.

We wish to remind the DPP administration that the government must be run based on the consensus of Malawians as espoused by the Constitution and not based on one’s feelings or imagination.

The government would do itself a favour if it gives Malawians an AG.

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