No More Arrests: Mw Govt Assures Legislatures

Business back to normal on Wednesday 

The Malawi Government has assured members of Parliament today afternoon that law enforcement agencies will follow National Assembly Powers and Privileges Act where none of them will face arrests while Parliament is meeting.

Government assurance come as a response to yesterday request by the Speaker, Richard Msowoya who following arrests of two MP's also top members of Malawi Congress Party (MCP) adjourned the House early and said these arrests threatens immunity of everyone including himself and that the House will meet once assurance was granted by Government.

Members of Parliament enjoys special privileges and immunity except when it is the case of Treason. The two MPs Jessie Kabwila who was arrested on Monday evening from National Assembly meeting and Peter Chakhwantha who handed himself to Police on Tuesday were being accused of Treason following Whatsapp conversation.

Kasaila

"It is the commitment of the Government that we will make sure the provisions of that Act in as far as the procedure are followed as to the Law. That is important for us and that is important for the future of our country." Assured Francis Kasaila- leader of House

"As Government, am giving that commitment and that is commitment of president as well, that the provisions of the Act will be followed" guarantees Kasaila

However, at the beginning of making this assurance the Leader of the House indicated that during the Business Committee meeting held in the morning, it was agreed and clear that provisions of Privileges Act have been violated on several occasions and that this violation was not first time.

Also Speaker of the National Assembly, Richard Msowoya informed the House at the beginning of the sitting today that the meeting of Business Committee of the House in the morning was assured of the immunity and privileges of the members of the Parliament.

He therefore said the meeting resolved that Speakers office should be informed on arrests of members of Parliament inline with Section 4 of the National Assembly Powers and Privileges Act.

"From now onwards, the Speakers office will expect the authorities not to arrest members of Parliament while Parliament is meeting, unless, procedures has provided the following Powers and Privileges Act and section 60 of the Constitution is adhered to" said Msowoya further informing the House that members of Parliament have been requested to write to Speaker's office of any violation of this regard

"My office will write to the Ministry of Home Affairs and International Security advising her that the mounting of roadblocks and arrests of members of Parliament while Parliament is meeting should not be repeated unless the relevant laws are provided.

I wish to assure the House that Parliamentary Committee on Privileges will be handling matters related to the bleach of members of Parliament Privileges as provided for in its mandate"

Immediately after the assurances were made, Leader of Opposition also rose to agree that the business Committee did agree not to proceed with the motion on Yesterday for the sake of harmony and progress in the transaction of the business of the House.


Chakwera discribed the agreement as "best interest of our nation"


And owner of the motion, legislature for Liongwe North East, Maxwell Thyolera said "Assurances from Government must be adhred to"

Motion from Lilongwe North East Legislature which asked the House to deliberate on the arrests of two legislatures, Jessie Kabwila on Monday and Peter Chakhwantha who handed himself to Police on Tuesday on Treason charges, triggered the ruction in the House on Tuesday evening where both Government and opposition side had different opinion whether it was necessary to debate on the motion

Hon Thyolera complaint was that the arrests of the two was in bleach of members immunity and privileges as well feared that this could happen to anyone.

Ruling after house resumed sitting after an hour of house suspension, Speaker Richard Msowoya expressed his concern that there are arrests of MPs yet the house had assured the members of their immunity following reports that on yesterday there was a roadblock mounted by police just outside of the Parliament Building.

He mentioned that just like all members of Parliament are afraid of being targeted, he himself is afraid.

He therefore ruled that until such a time Government will come and assure the Speaker and the Whole House of their immunity, he adjourns the House till Wednesday at 2pm.

The ruling brought an uproar in the house with discontent from Government side and jeering from opposition members.

There were also exchanging of words as the members were leaving the House.

However, Government Leader of Businesses, Francis Kasaila rubbished the ruling saying the speaker as head of an executive arm of Government was in better position to assure the House of members immunity.

Kasaila further said Speaker was also supposed to consult with heads of Government and hot rush to make such a ruling.

He made it clear that there is no any other assurance that Government could make since the matter at hand is to do with Treason which does not give immunity to any member and that police can effect an arrest at any time.