As of recent times how many executive orders have you come across? From such, how many are followed? Perhaps most of them are just rhetorics.
This precisely describes the modern day Malawi when power seem to have become such authority for many duty bearers.
Those holding public offices would from time-to-time dangle around their authority to issue; directives, orders or decrees … often times without any implementation foundation.
No wonder … the sooner presidents, cabinet ministers, Police Inspector Generals or city mayors go … their declarations will go with them.
Come to think of this 2016 Presidential directive!
President at the time … Peter Mutharika directed that Fridays go traditional … a day for traditional attire, traditional food and purchase of locally-made products to promote local industry.
Such was a unifying dream … one that would promote ethnic diversity and pluralism; for Fridays were among others to cherish ethnicity and oneness.
However, it wasnt going to take long before this decree would die at the exit of Mutharika and the entry of Lazarus Chakwera.
Here came Chakwera dreaming cleanliness!
It takes us to the National Clean-Up Day … a declaration premised on dedicating every second Friday of every month … to nationwide clean-up activities.
Such was a directive of pomp, valor and color … igniting hope for waste free environment … cleanliness and a more hygienic Malawi as the nation would commit hours between 13:30 and 16:30 to cleaning and properly managing waste.
But alas!
The sooner the declaration came the sooner it went … seeming just a more a mere rhetoric than an actionable national aspiration.
Well, this story just hasnt been about presidential declarations.
Other public offices have had their portion too.
Come to think of the most recent by Police IG, Richard Luhanga that officers cease stopping vehicle checks and mounting roadblocks during peak hours.
Whilst IG Luhanga envisioned to remedy the rush-hour delays that inconvenience the school-going and working-class … here is another directive just on paper.
No wonder law, judiciary and governance experts question the merit of these presidential orders and directives wondering their adaptability in the absence of clear-cut legal and implementation frameworks.
For instance; Wonderful Mkhutche, a governance expert wonders how these orders come into being without implementation frameworks.
“Whenever something is legally binding that means that people will be forced to behave accordingly. Therefore, we need to take such directives to parliament or necessary channels so that we have those orders in our laws,” he suggested.
In spite of president Mutharikas most recent Executive Order No. 1 of 2026 restraining public medical staff from owning, operating or holding shares in private clinics, enjoying public praise retired Supreme Court Judge Dustain Mwaungulu feels public applause should never be the test of legality.
He argues in a social media reaction that Malawi is a constitutional state … where executive power must be grounded in statute stressing an Executive Order cannot create new prohibitions unless backed by existing legislation granting such authority.
“If the Public Service Act does not expressly empower the President to prohibit entire categories of ownership, then the Order risks being ultra vires (beyond lawful authority)”
“Selective targeting raises constitutional questions under Section 20 (non-discrimination). Differentiation is lawful only if it is reasonable, proportionate, and rationally connected to a legitimate aim [and thus;] blanket ban without legislative amendment may not survive that test,” points out Mwaungulu.
For remedy Judge Mwaungulu points to Parliament which have to amend the Public Service Act … introduce strict conflict-of-interest rules. Mandate disclosure. Create monitoring mechanisms and strengthen disciplinary enforcement.
Echoing Mwaungulu, Garton Kamchezera professor of law at the University of Malawi argues Malawi, as a state governed by law must adhere to law and not be governed by outrage.
“It depends whether the directive is made under a law or not. So these leaders need to indicate before making any directive that such an order is being made under a specific legal section,” added Kamchezera.
In the absence of legally binding tools the law professor feels firmness without procedure would be a dangerous terrain to take.
He said, “If a directive is not made under a legal provision, anyone who does not follow it, has a self defence of describing such an order as being outside a legal scope of authority.”
Now; the sooner the executive realizes … it cant be imposing orders without statutory grounding the better … for; this solidifies the foundation for any such declarations as argues Mkhutche pointing to losses Malawi earns from such directives.
He narrates, “It simply means that as a country we are not moving forward whenever such orders end in vain.”
No wonder to best uphold the countrys constitutionality Professor Kamchezera provides these insights going onward.
“It is important that such directives regardless of who makes them whether the president needs to uphold the rule of law when making such orders,” he said.
