Africa-Press – Malawi. Parliament has confirmed receiving a petition from Citizens for Justice and Equity, a group seeking to revive the controversial Presidential Age Limit Bill, which has twice failed to pass in the National Assembly.
The group plans to submit the Bill as a Private Member’s Bill on February 26, 2025, in an attempt to amend Section 80(6)(b) of the Constitution and introduce an upper age limit of 80 years for presidential candidates.
Agape Khombe, a key figure in the group, revealed that they have already written Speaker of the National Assembly Catherine Gotani Hara, notifying her of their intentions. He dismissed claims that the Bill was politically motivated, arguing that Malawi’s current electoral laws were inconsistent by allowing 18-year-olds to vote while restricting presidential eligibility to those aged 35 and above.
“Malawi Electoral Commission [MEC] is yet to start receiving nominations for the presidency, so it is wrong to claim that we are targeting individuals. Much as we would want the Bill tabled now, it is up to Parliament to decide, and it could even be tabled next year,” Khombe said.
Parliamentary spokesperson Ian Mwenye confirmed that the secretariat had responded to the petition, providing procedural guidance on how the Bill could be developed and presented in line with parliamentary standing orders.
Private practice lawyer Justin Dzonzi explained that such legislation falls under the category of a Private Bill, where an individual or institution drafts a proposal and submits it to a Member of Parliament (MP) for tabling. He noted that although prior consultations were not legally required, MPs could involve the Legal Affairs Committee if they felt further input was necessary.
Dzonzi further stated that discussions around an age limit for presidential candidates date back to the 2007 Constitutional Review Conference, though the timing of the current proposal has raised eyebrows.
The government, however, has distanced itself from the initiative. Last week, both Parliament and the Ministry of Justice denied any knowledge of a proposed constitutional amendment to cap the maximum age for presidential candidates.
Leader of Opposition George Chaponda also dismissed claims that Parliament’s Business Committee had discussed the Bill, contradicting assertions made by DPP secretary general Peter Mukhito that the ruling Malawi Congress Party (MCP) was behind the push for an age cap to prevent DPP president Peter Mutharika from contesting in the September 16, 2025, General Election.
Despite the political tensions surrounding the Bill, legal experts argue that it lacks justification. Malawi Law Society (MLS) president Patrick Mpaka previously stated that Section 87 of the Constitution already addresses the issue of a president’s capability, rendering the proposed amendment unnecessary.
As it stands, Section 80(6) of the Constitution only requires that a presidential candidate be a Malawian citizen by birth or descent and be at least 35 years old—without any maximum age limit.
Similar attempts to introduce the Presidential Age Limit Bill in 2018 and 2024 failed, and with strong opposition already emerging, it remains uncertain whether this latest effort will gain traction in Parliament.
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