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Jolobala "blind government" remarks were withdrawn when the Speaker considered them as unparliamentary even if she used them figuratively.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.
