By Burnett Munthali
The controversial Age Limit Bill, if passed into law, would be an outright violation of Malawi’s Constitution, argues retired Supreme Court Justice Dustain Mwaungulu. In a strongly worded statement, Justice Mwaungulu has cautioned that should the legislature proceed with enacting the bill, all arms of government—the Executive, the Electoral Commission, and the Judiciary—must refuse to enforce it.
Mwaungulu’s remarks, made under the banner of the Law and Policy Centre, challenge both the Attorney General and the Minister of Justice and Constitutional Affairs to carefully review the Constitution before proceeding with any such legislation. He warns against the dangers of enacting laws that contradict constitutional principles, urging lawmakers to avoid repeating past mistakes that undermined democratic rights.
The retired judge’s statement draws attention to a past Supreme Court ruling that, in his view, wrongly disenfranchised a segment of the electorate. Though he does not specify which decision he is referring to, his comments suggest lingering dissatisfaction with judicial interpretations that have, at times, altered the political landscape in Malawi.
Mwaungulu’s intervention highlights broader concerns about constitutional manipulation and the potential erosion of democratic freedoms. By calling for outright defiance against an unconstitutional law, he raises fundamental questions about the rule of law and the role of state institutions in upholding constitutional integrity.
At the heart of the controversy is whether Parliament has the power to introduce age restrictions for public officeholders without violating the fundamental rights of Malawian citizens. The Constitution of Malawi enshrines democratic principles and protects citizens from arbitrary restrictions on their political participation. Any move to limit eligibility based on age would need to be carefully weighed against these constitutional safeguards.
Justice Mwaungulu’s warning serves as a stark reminder that constitutional principles should never be compromised for political convenience. As Malawi navigates these legal and political debates, the response of the government and judiciary to his call for constitutional fidelity will be crucial in determining the country’s democratic trajectory.
Whether the Age Limit Bill moves forward or is abandoned, one thing is clear: any attempt to pass laws that contradict the Constitution is likely to face strong opposition—not just from legal experts like Mwaungulu, but also from Malawians determined to defend their democratic rights.
