Msongwe Ward petition council, Mec to oust councilor

Some residents of Msongwe Ward yesterday petitioned Mzuzu City Council (MCC) and Malawi Electoral Commission (Mec) to facilitate the removal of their councilor Kondwani Brian Nyasulu from his position over his alleged poor performance at his ward.
The residents argued that the councilor, former mayor for the city has never been at the ward and never been present during council meetings since he lost mayoral polls in December 2021.
Over hundreds of the residents from the ward took to the streets, in what they called a solidarity march to oust the councillor.
Representing the group, Francis Chirambo asked Mec to declare the ward vacant as Nyasulu has constructively resigned.
“Since Councilor Kondwani Brian Nyasulu has consecutively been absent from full council meetings and over three service committee meetings, then it also follows that—according to Malawi Local Government Elections Act—our councillor has constructively resigned. We therefore, demand the full council to formally inform Malawi Electoral Commission to declare that Msongwe ward is vacant and facilitate by-elections within 60 days as stipulated in the Malawi Elections Act,” he said.
But Nyasulu has vowed not to step down.
Nyasulu said for a period of close to five months he has been in and outside the country seeking medical attention and that he is now in the right state of health, ready to continue developmental projects ward.
“Just before the elections I also visited, Mzuzu Central Hospital where they referred me to Lilongwe. I then decided to go to Lusaka for a better treatment… but I am not resigning because those people are just mercenaries, I do not know them. Let me also assure the people in the ward that we will continue with all the developmental projects which we have been implementing, the fish ponds and the like,” he said.
Mzuzu City Council spokesperson, McDonald Gondwe who received the petition, said they will scrutinise the letter and bring it to the attention of all councillors, where a stand would then be made.
Commenting on the development Centre for Elections and Democracy Team Leader Aloisious Nthenda said while the communities have a valid point the removal of section 65 from the constitution which had the recall provision puts them with no backing.
“What I would suggest to the communities is they sit down with their councilor and other authorities so as to clear the concerns and that they continue having presentation at the council until another election,” he said.
Mec Director of Media and Public Relations Sangwani Mwafulirwa said they would comment when the petition is availed to them.
“Suffice to say and to urge the public to always apprise themselves with the provisions of the law before taking a stance or action regarding a matter or office that is regulated by a statute,” he said.
According to the Local Government Act Section 23 when a councillor dies, resigns, bankrupt, convicted or declared mentally unsound the seat becomes vacant and a by-election is conducted.
