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| Kamlepo |
Some legislatures on Monday vent their anger out to Speaker, Richard Msowoya for letting President Peter Mutharika leave the Parliament Chamber without taking questions from members.
Legislatures argued that it is constitution requirement that after president present State of Nation Address, members are supposed to put questions to president which was not the case on Friday last week.
However, Speaker, Richard Msowoya clarified that the Business Committee agreed and resolved that such requirement will be practiced in the House once Committee on Legal Affairs consolidate the provision into the Parliamentary Standing Orders.
He further informed the House that his office has requested the Legal Affairs Committee to act quickly in coming up with the provision into the Standing Orders.
Rumphi East Legislature, Kamlepo Kalua was the first to ask the Speaker why Mutharika walked out freely without being asked on several issues after delivering his State of National Address.
Uladi Mussa Acting President and Leader of PP in Parliament stood to confirm to the House that indeed him as PP leader who was in the Business Committee agreed with the rest of members of the Committee and made it clear that the member [Kamlepo] who is also from PP was informed about this development, however, the member was free to ask because by Constitution the member "is entiled to his own opinion”
Rising for the second time on Point of Order, Rumphi East, Kamlepo Kalua noted that he had earlier on advanced on the constitutional issue and that the Speaker made clarification. But he said looking at the supremacy of the Constitution and “uniqueness of our Constitution” he feel that the constitution cannot be substituted by any act of law or standing order of anything.
Quoting section 5 of Constitution Kamlepo said “Any Act of Government or any Law that is in consistent with the provision of this constitution shall, to the extent of such in constituency be invalid and for me to be told and to be part of raping the constitution I want to make my case clear that this should be respected and at all cost this should be a driving force of our democracy in this country.”
Responding speaker said himself and not anybody or committee has in any way substituted the constitution in this case “All that is required is that constitutional provisions in way of operationalising this house we do require procedures, and, that come in form of Standing Orders and that is what I explained."
But the Kasungu South East, legislature Khumbize Kandodo Chiponda came in to emphasize that this issue is a constitutional requirement and does not require that the provision should be in the Standing Orders.
Listening to this, Speaker directed members not satisfied with reponse provided earlier, to consult their party Leaderships who form Business Committee.
“I am in no way protecting the president. I understand it as a constitutional matter. All am saying is if it is the a greement of the House that the President Comes here as provided for in the Constitution let us agree on the modalities of how that happens. I have no problem.” said Msowoya
Later in an interview, Kasungu South East, Khumbize Kandodo Chiponda quoted section 89, Subsection 3 which outline three things that President shall address Parliament on State of National Address which happened on Friday, then report on policies of the previous year and to respond to questions.
“The President is supposed to do three things and these three things” stressed Kandondo
She said this requirement is not appearing in Parliamentary Standing Orders because it is already provided for in the Constitution which is a supreme document.
She then said issue of following Standing Orders which Committee on Legal Affairs is working on can come in through section 4 which talks about inviting President into the House after resolution of the House.
“But what we are saying now is part of what he [President] was supposed to be doing according to constitution” she said
“What we are saying basically is, Mr. President you are supposed to do three things, but you have just addressed one of them can he come back and do the rest of them. And that is to articulate on previous polices from previous year and then answer questions. That is all.” emphasized Kandodo
She said the issue will continue
“We do not have a choice we go by this constitution, this is what guides every Malawian even this House and this House is not above this [constitution] so we will continue reminding each other and definitely this is not the end of the issue.”
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