Attorney General Thabo Chakaka Nyirenda has downplayed arguments that it is against law for President Lazarus Chakwera to appoint Professor Blessings Chinsinga as minister of local government.
The remarks by Nyirenda come as some legal experts have questioned the appointment saying it illegal citing Section 94 sub section 3 (e) of the Constitution.
The Section states that no person shall be appointed a cabinet minister or deputy minister if he or she holds or acts in any public office or appointment.
However, speaking to MIJ Online, the AG said the section that does apply to Professor Chinsinga for two reasons, firstly because he is on sabbatical leave.
Secondly Nyirenda said the functions of Professor Chinsinga at the University of Malawi are not directly involved in the formulation and administration of the policies of government- -therefore he is not supposed to resign.
The AG has cited a judgment by Justice Dustian Mwaungulu of 2014- in a case between Dr Jessie Kabwila and Malawi Electoral Commission- in which he pronounced that Kabwila cannot be barred from contesting as an MP because she is a public officer.
According to Nyirenda, in the case Mwaungulu determined that there was no need for Kabwila to resign even although she was a lecturer at Chancellor College where Chinsinga was also working because she was on leave of absence confirmed by her employer.
Further, the AG said the court found that Kabwila was exempted from resigning because she was not directly involved in the formulation and administration of government policies.
He said this also applies to Chinsinga who is on sabbatical leave and is not directivity involved in the formulation and administration of public policies- saying he is exempted from resigning before being appointed a cabinet minister.
He said the decision by Justice Mwaungulu is still standing unless if there is another judgment to overturn it.