On the morning of 5 April 2012, Malawians woke up to the same hardships that had defined the previous two years. Foreign exchange had dried up, fuel queues stretched for miles, money was scarce and public hospitals lacked even basic medicines. Public frustration was growing, and the Public Affairs Committee (PAC) had just called on President Bingu wa Mutharika to resign or submit himself to a referendum.
At around 11:10am that day, President Mutharika collapsed at State House in Lilongwe during a meeting with Member of Parliament Agnes Penemulungu.
As the official Commission of Inquiry chaired by Justice Elton Singini later established, the President died in an ambulance on the way to Kamuzu Central Hospital. Upon arrival at 11:25am, doctors spent nearly three hours attempting to resuscitate him, reportedly under pressure from his personal physician, Dr Dan Namarika. The reality, however, was that he had already passed away. His death was officially recorded at around 2:30pm.
What followed over the next 48 hours exposed one of the most troubling episodes in Malawi’s democratic history.
A Nation Without Answers
The period immediately following the President’s death was marked by confusion, secrecy and an apparent attempt to delay a constitutional transition.
Among the most controversial actions was the decision to fly the late President’s body to South Africa aboard a Netcare air ambulance under the false identity of “Daniel Phiri”. Flight personnel were reportedly instructed to keep the body connected to a ventilator to maintain the appearance that he was still alive.
At the same time, official communication from government maintained that the President was receiving specialist treatment abroad, even as efforts were allegedly underway to secure a court injunction aimed at blocking the constitutional succession process.
The uncertainty culminated on the night of 6 April when six cabinet ministers, later dubbed the “Midnight Six”, appeared on national television to argue that Vice-President Joyce Banda could not automatically assume the presidency.
Amid the political manoeuvring, crucial behind-the-scenes discussions unfolded. During the early hours preceding the swearing-in ceremony, a former minister and I held conversations with former Finance Minister Goodall Gondwe and Vice-President Joyce Banda.
We urged Goodall Gondwe, who had until then been associated with the group opposing Joyce Banda’s succession, to withdraw his support for the effort and instead uphold the Constitution. Once he broke ranks, Sidik Mia followed suit. Those decisions helped fracture the cabinet faction and opened channels of communication at a critical moment.
Why the Plot Failed
Ultimately, Malawi’s constitutional order prevailed because several institutions and individuals chose the rule of law over political expediency.
Former President Bakili Muluzi, civil society organisations and legal practitioners publicly demanded adherence to the Constitution.
Then Army Commander General Henry Odillo refused calls for military intervention, insisting that the army’s duty was to defend the Constitution rather than political interests. He also deployed soldiers to safeguard Joyce Banda.
Beyond Malawi’s borders, South African President Jacob Zuma reportedly informed authorities that if Malawi did not publicly announce President Mutharika’s death, South Africa would do so itself.
By the morning of 7 April 2012, the government formally confirmed the President’s death, and Joyce Banda was sworn in as Malawi’s first female President.
What the “Midnight Six” Taught Us
The Constitution Protects Us All
- Section 83(4) of the Constitution is unequivocal: when a President dies in office, the Vice-President assumes the presidency. Despite attempts to reinterpret or circumvent that provision, constitutional order ultimately prevailed.
The Military Must Remain Non-Partisan
General Odillo demonstrated the value of a professional military committed to constitutional principles rather than political interests. His actions helped stabilise a potentially dangerous situation.
Secrecy Damages Public Trust
The attempt to conceal the President’s death, including transporting his body abroad under a false identity, deepened uncertainty and undermined confidence in public institutions. Democracies function best when governments are honest with their citizens.
Political Accountability Remains Elusive
Although the Commission of Inquiry recommended legal action against those implicated, the cases dragged on for years. Following Peter Mutharika’s election in 2014, charges were eventually dropped, and many of the individuals involved returned to senior public office.
Why I Speak Out Today
I raise these concerns not out of bitterness, but out of concern for Malawi’s democracy.
Between 1992 and 1994, I stood alongside Chakufwa Chihana and many brave Malawians in the struggle for multiparty democracy. We did not make those sacrifices so that secrecy and political intrigue could replace openness and accountability.
The concerns I express are not uniquely mine. They reflect questions quietly asked by many ordinary Malawians who want transparency from those entrusted with public office.
I also write from a place of personal regard. I have known President Peter Mutharika since 1992, when we both lived in the diaspora. I consider him a friend. Precisely because of that friendship, I believe the secrecy surrounding his health and travels does him a disservice.
Malawians are a compassionate people. If their President is unwell, they will pray for him. They will wish him recovery, strength and good health. They will not punish him for being human.
What creates anxiety is not illness itself. It is silence.
Millions of Malawians elected Peter Mutharika because they trusted his leadership and believed he could address economic hardships, from forex shortages and fuel queues to widespread poverty. The mandate he received reflected genuine public confidence.
That is why questions inevitably arise when information becomes scarce.
Why are senior military officers being redeployed? Why has there been limited communication regarding the President’s whereabouts? Why are public updates so infrequent?
In a democracy, prolonged secrecy creates a vacuum that rumours quickly fill.
The Office of the President and Cabinet, together with the ruling party, owe Malawians regular, honest and credible communication. Citizens deserve reassurance that their elected leader is well and that government continues to function transparently and effectively.
Fourteen years after the events of April 2012, the central lesson remains unchanged: democratic stability depends on respect for the Constitution, institutional integrity and truthfulness with the public.
Those lessons were hard won.
We should not forget them. nor allow them to be forgotten.
- Ahmed Dassu is a founding member of AFORD, a former chief adviser to Chakufwa Chihana and a former political prisoner under President Hastings Kamuzu Banda’s administration.
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