Govt Punishes MPs; Worked Till Night On Tuesday

Leader of House in the National Assembly, George Chaponda on Tuesday forced Members of Parliament to work till the night hours following prolonged debates that caused delays in passing the budgetary allocation made to each various Government ministries and departments.

Normally, the National Assembly is adjourned at 17:00 hours each sitting day, however, this was not the case on Tuesday as the House sitting hours were extended till late in order to recover the lost time during the day.

House To Debate ATI Bill Before Meeting Rise On Friday: House Adjourns Early To Allow Members Prepare For Bills

Leader of House in the National Assembly says the House will debate the Access to Information bill within the remaining two days sitting of this Meeting of the National Assembly.

Francis Kasaila made assurance in an interview on Wednesday evening after the House adjourned early to allow members to prepare for number of bills that are appearing on the Order Paper.

Kasaila said among the bills that are to be discussed on Thursday and Friday before the House rise sine die includes Access to Information bill which has been long awaited by the media and all Malawians.

“The bills are quite many, but also at the same time we have Access to Information bill” confirmed Kasaila

“All those we would want to process them and for sure most of them would be required to go through committees because that is where members would consult relevant stakeholders and get their views… and there after we will  have a consensus and proceed with the processing when we meet again around in May.”

He however, failed to divulge more if the bill will be the first item on the Government business on Thursday but has confirmed that between Thursday and Friday the bill will be among the list of Bills that will be presented in the House.

“It will come as I said between tomorrow and Friday, it may not be necessarily be second (after Land Bills) because it depends on whether the spokespersons will be ready tomorrow for that. We will try and bring in those that are ready quickly and bring those bills on the floor, deal with them and proceed” he said 

The National Assembly on Wednesday evening was adjourned early as the Leader of House wanted members to prepare for Fourteen bills that are appearing on order paper so that House adjourns sine die on Friday with more bills tackled.

“Honorable Deputy Speaker, since the House is rising this Friday I berg to move that the House adjourns early to allow members to prepare for the bills” moved Leader of House, Francis Kasaila 

Kasaila in his request to the Second Deputy Speaker, Clement Chiwaya, observed that there is a backlog of bills that needs to be tackled before the House rises on Friday. 

The business items of the House accumulated following two sitting days the House failed to meet as members went to attend the funeral of one of their legislatures from Mchinji. Kasaila defended the early adjournment saying for the sake of progress, it was necessary to allow members to prepare for the bills as programme for the next two days will be tight therefore members need to consult widely on the bills so that together with their party spokespersons they should participate.

Bills appearing on the order paper are

1. Electronic Transactions (Parliamentary Committee on Media, Information and Communications to present a Report on the Bill.)
2. Payment Systems (The Budget Committee in the day already presented a report on the bill)
3. Access to Information
4. Land bill
5. Physical Planning
6. Forestry (Amendment)
7. Malawi Housing Corporation (Amendment N.2)
8. Land Survey
9. Registered Land (Amendment)
10. Public Roads (Amendment)
11. Customary Land
12. Lands Acquisition
13. Local Government (Amendment)
14. International Fund for Agricultural Development (Programme for Rural Irrigation Development) Loan (Authorisation)

National Assembly Resolution Stoping Secondary, University Fees Hike Ends In Legal Dilema

The National Assembly on Thursday moved a motion stopping the new fees regime in Secondary Schools and Universities.

However, it remains uncertain if the decision is likely to take effect due to legality of the action and its acceptance by the Government Executive.

Salima Central legislature, Felix Jumbe made proposal that the House resolves postponement of recently announced fees hike in Secondary schools and Universities since the majority in rural areas cannot afford them due to current economic problems. 

"Considering that the majority, especially those in the rural areas are facing economic hardships responding to the poor macro-economic situation, the House resolves that school fees hike for both Secondary and Universities be postponed until Government endeavors to improve the income per capita of the people”  said Jumbe when moving the motion.

Several members who contributed on the floor from opposition side including Jessie Kabwila said the hiking of fees is likely to undermine girls education. She said it was wrong to introduce such fees in the year people are facing hunger. She therefore maintained that this will encourage prostitution among girls from poor families and early pregnancies, increase in school dropouts.

Kabwila further said this fruastrates government efforts of promoting girl child education and empowerment because most of the rural households cannot afford current exorbitant of fees.

Machinga East legislature Esther Jolobala described the hiking of fees at this time as “most horrible Christmas package” and that government was blind when making the decision.

Jolobala "blind government" remarks were withdrawn when the Speaker considered them as unparliamentary even if she used them figuratively. Her remarks also stunned government bench where the independent legislature is seats. However, in her introductory remarks had indicated that she was going to speak what is good for Malawians and not because of which side in the House she belongs to.

Later the house made a resolution that there be postponement of the hiking of fees but with much opposition by Government bench.

In an interview, Salima Central legislature, Felix Jumbe said the decision means Government will have to postpone the hiking of fees at this time being a year the country is facing numerous problems.

“We are not saying that the Government should not increase but for this year they need to postpone until the economic situation of the people has improved." He said 

"Poverty is ruling this country, there is dire poverty which is visible everywhere you go. Majority of household have no means to make money, it is difficult even to get K5 thousand. People are struggling even to get maize from ADMARC depots.

In my constituency for example at Mtonga Market, I found a queue of people with small plates in their hands waiting to buy maize and this maize they are waiting to buy is only a 2kg. and these are people buying 2kg they are six in their family but they don’t have money. And now can we say pay school fees? That would be like we are bringing second colonialism to these people and this colonialism by fellow African. And that is why we are saying please postpone the hike of school fees.” Said Jumbe

However, this is different from how Government views the decision. 

Leader of House, Francis Kasaila maintains the debate was unlawful as the House in its resolution has decided to override laws that are outside it mandate.


He said to say that the House has postponed the fees regime will "depends" on ones interpretations on that. "The question are that, does the House have mandate to decide how much for example the Catholic University supposed to be charging? Do they have their own mandate which guides that? Similarly we have a lot of private schools in the country, Kamuzu Academy for example. Can the Assembly decide how much Kamuzu Academy should be charging? These are questions that have to be answered.

Probably lawyers will do their work to   and decide whether this is enforceable or not” said Kasaila

Although Kasaila said the resolution will be considered by the President and its cabinet after thorough consultation but said could not determine what would be a likely decision.


He even questioned legality of brining the motion in the House

“All the standing orders were violated. It is very clear that a motion according to standing orders, was supposed to be debated by the Business Committee first before it is presented in the House. That was not done.

I don’t believe the speaker has powers to vary any of our standing orders own his own. That was supposed to be done in the Chamber. A motion should have been put to say we want to vary this because it did not meet this requirement that was not done but they decided to proceed. 

What was done was all irregular” Said Kasaila

“Unfortunately we know, because of politics people want to be seen that they stand for the poor " He added

This matter faced rejection by Government MP’s and several attempts to bar the motion already appearing on the Order Paper from being discussed were made by the Leader of House, Francis Kasaila who insisted that the matter was brought illegally and was never authorized by the Business Committee of the House.

To the contrary, the matter was well received by two major opposition parties in the House PP and MCP who insisted to debate although it was brought with immediate notice since it was a matter of urgency.

Ealier to end the matter, Second Deputy Speaker Clement Chiwaya resolved that Business Committee of the House should meet and suspended proceedings.

Back from the emergency meeting, Kasaila insisted before Speaker Richard Msowoya that Government was against the debate on the motion citing that apart from irregularities over how the issue was brought, the Houses was also not mandated to decide on school fees for private institutions as the motion did not specific that the matter was for only Public schools.

Although the speaker to ruled that the matter be discussed but Justice and Constitution Affairs Minister Samuel Tembenu did indicate and insisted that the matter was outside constitutional mandate of the House to debate on the issue which was clear that the authority to decide on school fees vests in the bodies of the schools as stipulated in the Act and regulations that govern the Schools.

Chiyembekeza Fails To Account For Questionable Sale Of Tractors, Maize Sheller’s

• Tractors meant for farm mechanisation by smallholder farmers were sold to former Vice President, present and former cabinet ministers, PS, Legislatures including Speaker and some companies

• Agriculture Minister failed to disclose amount realised, price for each tractor and Maize Shellers and how the realised funds were used

• Parliamentarians demands names of owners of companies that bought some tractors and views the sale as political

Kamulepo

Some opposition legislature’s have demanded total accountability and reasons that led to the sale of part of 177 Tractors and 144 Maize Shellers meant for farm mechanisation by smallholder farmers.

Members of Parliament (MP’s) also wants to know actual amount realised and how the proceeds from the sale of tractors and maize shellers were used including value of each machinery during the sale versus cost of buying of each item by Government some years ago.

However, of Minister Agriculture, Irrigation and Water Development responsible to answer all those questions was so furious at the inquisitive legislatures and only gave what he said was what the House needed to know about the matter.

The matter was brought in the House following the question from Honourable Member for Rumphi East, Kamulepo Kalua to Allan Chiyembekeza, Minister of Agriculture on the Status and whereabouts of the Tractors and Maize Shellers which the country acquired sometime back from India. 

The legislature said wanted to know why the country’s smallholder farmers are still failing to do their farming using modern equipments especially tractors.

In his detailed account of number of the matter Minister said a total of 77 tractors went to Government Institutions which are ADD’s across the country; Karonga ADD got 6 tractors, Mzuzu ADD got 13 tractors, Kasungu got 15 tractors, Salima ADD got 6 tractors, Lilongwe ADD got 11 tractors, Machinga ADD got 8 tractors, Blantyre ADD got 11 tractors and Shire Valley ADD got 7 tractors. 

Chiyembekeza said the second part involves 31 Tractors, 13 Maize Shellers, 23 Tripping Shellers and 8 Seed Cam Fertiliser Applicators that were issued out to Government Departments and Institutions. These were; Crops Department (Horticulture Farm), Natural Resources College, National Food Reserve Agency, Department of Agriculture Research, Department of Animal Health, Lilongwe University of Agriculture and Natural Resources and Green Belt Initiative.

But the house was in disarray when he mentioned that some tractors were sold to companies, individuals and some farming associations without clear explanation of what prompted the sale and how that profited Government.

Chiyembekeza said, Tractors and implements sold in the first half of the offer went to 31 individuals and businesses. Among them Government officers who includes; Clement Kumbemba (current Executive Director of Malawi Investment Trade Centre MITC) and Rashid Mtelera (from OPC). Companies includes; Anachuma Holdings, IS Fred Limited, Green Leaf Association, Kasinthula Cane Growers and Wuli Trading Company.

In the second half sold to individuals including Francis Kasaila Minister of Transport, Honorable Khumbo Kachali former Vice President, Godfrey Ching’oma Malawi Congress Party MP, Richard Msowoya current speaker of National Assembly and Samuel Madula from OPC among others. 

But the minister was not clear to demands on how funds were used, what exactly lead to the sale of the tractors and who authorised it.

Salima Central legislature Felix Jumbe proposed that since some names are of high rank officials from Government there should be an inquiry as to how they conformed to the procurement system.

Responding on this, Agriculture Minister said the equipments were sold to Malawians after normal tender was opened to anyone and applications were reviewed. He said some Government Ministries and departments were represented in a Committee that was chaired by Office of President and Cabinet (OPC).

He said the committee made equipment evaluation and restricted nobody from the floated tender. But mostly, he said small and medium enterprises with a minimum land of 5 hectares were eligible to buy.

However, Kamulepo Kalua who brought the matter said was not satisfied with the explanation 

He said, he still wants names of directors of some companies named and suspects that those names have been deliberately concealed to prevent exposure of some top government officials.

Kamulepo emphasised that the sale was worrisome considering that the tractors were acquired through loan to support smallholder farmers do farm mechanisation to help country’s food security.

Leader of House, Francis Kasaila said Kamulepo is continously making very serious allegations which are demeaning the president by alleging that President is doing corruption and that he recently bought some vehicles dubiously. He asked the member to present his evidence by Friday or withdraw his statement.

However, Kamulepo said he did not mention President and he is not going to withdral his remarks because in his remarks he never metioned President. Instead he said he mentioned Presidential assistance at State House as the ones who are among people who bought the tractors and recently bought the said vehicles.

However, Kasaila insisted on his point saying the member knows that Presidential assistance do not stay at state house and therefore mentioning State House he meant president at all cost.

This forced Second Deputy Speaker Clement Chiwaya to make ruling that Kalua should bring the evidence to the House on Friday.

Later Salima South Uladi Mussa rose and complained that the sale never saved the purpose of the loan.

This was echoed by Malawi Congress Party Chief Whip Lobin Lowe who inquired about value of each tractor when sold versus cost of buying it.

Members insisted to get clear information    and it was that insistence which forced AgricuAgriculture Minister to read the full list of beneficiaries. However members still feel that the names are doctored and that the tractors sale was against the purpose of buying them.

Earlier, the minister indicated that the tractors when procured in 2011 were supposed to increase the existing tractors in ADD's and offer some tractors to farmer groups and Malawian farmers through sale to increase ownership of tractors.

He thereforw said 69 tractors were offered for sale in 2014 and later sold 37 other tractors early this year by tender.

Full list

First half sale of tractors and trailers

Clement Kumbemba
Peter Zimba
Anachuma Holdings
IS Fred Limited
Balaka Market Resource Centre
Prince Nyirenda
Green Leaf Association
Alfred Nkhono
FISD
R.E. Enterprises
Mirriam Pamam
ISAM
Invesco Farms
Kasinthula Cane Growers
Wuli Trading Company
Mishek G Essau
Spencer W. D Ng’oma
Peter H Shawa
Mulli Enterprises
J. Manong’a
A. Y. Namaona
Grey Nyandule Phiri
Christine Mtambo
Moffat J. Chitimbe
Dr. I Benence
Hillario R. Chimota
Bright B. Kumwembe
Gerald A. Kachepa
Steve Donda
W. G. Lipita
Rashid R. Mtelera

Tractors and Implements sold in the second half

Tisi Nthukwa
Francis Enoch Juwawo
Richard Makondi
Tapiwa Phiri
James Maseko
Ronny Phiri
Mrs. Dorothy Mataya
Ms. Mada Sambo
Francis I Kasaila
M. F Kanjere
B.B.C Majoni
Ben Botolo
Thomas Makiwa
Arthur A. M. Liwonga
Hon. Khumbo Kachali
Peter Fret
Godfrey P. N. Ching’oma
Dorothy Chimatiro
Grant C. Kapiya
M. I Chikuntha
Newby Henry Kumwembe
Chisomo Farms
Ephraim Chiume
William Kantayeni
Dr. Lovemore
Mr. I. J Luhanga
Mrs. I. J Luhanga
Hon. Richard Msowoya
Nditse V. Kampane
Tcholose Simwaka
 Margaret Loka Mauwa
Mr. Peter K. Simbani
D. G K. Mtupa
James C. G. Ali
Eddie Makungwa
Samuel Madula
Charles Kambauwa

Speaker’s Ruling On Teachers Petition Irks Education Committee

The Second Deputy Speaker of the Malawi National Assembly hon Dr. Clement Chiwaya irked the Parliamentary Education Committee on Thursday evening when he ruled that the Secondary School Teachers petition on ‘delayed promotion’ be referred back to education committee.

Regarding the urgency of issues raised in the petition, the relevant parliamentary committee, Education Committee had wanted to send the petition directly to the Teaching Service Commission which deals with the Teachers conditions of service through the Minister of Education Science and Technology after it was presented in the house for a quick solution.

Honorable member for Mzimba North Constituency and Vice Chairperson for Education Committee of parliament, Agnes Nyalonje presented teachers petition in the house on Thursday afternoon but the ruling implore that teachers grievances will remain unsolved for a while.

360 Secondary school teachers who upgraded themselves through doing various courses including diploma and degree courses signed the petition which was handed to National Assembly through the committee on 13th May 2015.

Teachers stated in their petition that they want to be promoted and gave Ministry of Education up to the end of the month of May to give them promotion failing which they are going to down tools country wide until they get the correct response.

Before Hon Nyalonje finished reading the petition in the house, wanted to present the committee recommendation that the petition be referred to the Teaching Service Commission because matters therein are urgent. However, the Second Deputy Speaker for more than three times, interrupted and guided the honorable member to follow the rules by refer the petition to the relevant committee which in this case it is back to the Education committee.

According to Parliamentary Standing Orders, the Member presenting the petition may move that it be “referred to a Select Committee”

Hon Nyalonje and the committee accepted to follow the ruling and referred the petition back to her committee.

However, in an interview Hon Nyalonje could not hide her disappointment over the ruling. She said the committee felt and recommended that the necessary procedure was to ask the whole house to refer the petition directly to the Teaching Service Commission. 

Hon Nyalonje said she “personally felt it was unfortunate” for the house to take that lengthy path which may only worsen problems in secondary schools which already have shortage of teachers.

“There is authority mandated to deal with the issue and that matters raised have a sense of urgency to that. As such if we know who is to deal with them what is the point referring it back when the committee in its wisdom as the committee entrusted with education knows that this petition should be dealt with in this manner?” questioned Hon Nyalonje

“Referring this petition to the Education Committee is a way of delay the solution of the issues contained in the letter” Said hon Nyalonje who feared that teachers may take an action which may disturb school calendar if their grievances remain unsettled as quickly as possible

“The Parliamentary Committee on Education Science and Technology was used as a conduit to present the petition to this house and get it to the right authority to deal with this issue.” She observed

“We in the committee felt that this petition instead of wasting time; referring to the committee which is not mandated to deal with it, it should go straight from the House to the Teaching Service Commission through the Minister of Education who should then be mandated to present a response in the house within 14 days.” She said

The teachers petition made four demands that; That promotion be done “promptly dating to the day” they graduated, paid arrears in full a month after effecting the changes in their pay slips, be refunded the money that was used to pay for fees arguing that ‘condition of service are clear that when one undergoes training the responsible ministry will pay the relevant allowances including a study leave.’

The petition further demands that their years of service should be taken into consideration for promotion into appropriate grade, as the delay into giving them the grade that they deserve made them miss the opportunity to attend the interviews that were done by Teaching Service Commission. 

Opposition Parliamentarians Wants Fellow Legislature Punished By Speaker

Opposition Legislature’s Irked by Speaker’s Delay in Punishing Blantyre City Central Temba Mkandawire for Assaulting an Usher

Some of the Members of Opposition in the National Assembly took to task Second Deputy Speaker Hon. Clement Chiwaya over the delay of Speaker’s ‘appropriate action’ towards their fellow honorable member for Blantyre City Central Constituency Themba Mkandawire.

Hon. Mkandawire on Tuesday afternoon immediately the House was suspended for lunch break, assaulted a Parliamentary Usher over a 2015 calendar. The parliamentarian punched and headbutted the Usher, Jones Sabola for refusing to give another calendar.

Lilongwe Mpenu legislature Hon. Leonard Makalangozo expressed worry that as the house expects to rise sine die this Friday, it is apparent that unparliamentarily behavior by hon. Mkandawire will just be let free since the house shall possibly meet in June for another session. He also asked why the speaker is delaying to report to the House what appropriate punishment has been given to Mkandawire.

“As you are aware the matter is being handled by the speaker’s office and the communication shall be made as of what action has been taken.” Said Chiwaya, “So far that decision has not been communicated to us I would therefore like to request that until such decision has been made we proceed with the business.”

The explanation by Second Deputy Speaker did not carry substance to other parliamentarians including Hon. Lingson Belekanyama, a Lilongwe Msinja South parliamentarian who rise on point of order saying “This is a very sad thing which has taken place in this House.” “This is a criminal case!” he added

“This is honorable House, we need to behave exemplary and not come here as boxers fighting in this chamber. And it is very sad to fight, to kick this member off staff…,” he went on “We were supposed to have a committee of inquiry, to inquire on what really transpired for this member of Parliament to punch the member of staff. We cannot condone such behavior in this House…, This is Criminal case!”

“This assault which has taken place in this House needs to be handled with special care, since we are rising tomorrow then we go and wait till sometime in June or July that’s not on, we need this issue be tabled today and tomorrow have a report in this House”

Leader of the House Hon. Francis Kasaila suspended the matter following his call for a meeting with all political party leaders at the speaker’s office immediately the house adjourns to find out what is happening.

Mzomera Suspension; Speaker Ruling Final

Mzomera (third from right) Jooma (standing)

Speaker of the National Assembly Richard Msowoya has declined to make his on whether it was right for his Second Deputy Speaker to invoke rule 105 against Mzimba Hora parliamentarian Hon. Christopher Mzomera Ngwira and that he should not attend proceedings for two sitting days.

Honorable Msowaya told the house at the beginning of the proceedings of Monday sitting that he cannot make a ruling on another ruling and that standing orders, does not any member to comment on a ruling made by a speaker.

However the speaker has urged members in the house to abide by the rules of the house and warned that any misconduct will attract appropriate orders.

Msowoya further said any member who feels was affected by that ruling and want to seek redress should seek an appeal from the court