Legal Affairs Committee Enhancing Laws On Inviting President In Standing Orders

The Parliamentary Committee on Legal Affairs is enhancing two Constitution provisions on the procedure of calling President to Parliament to be clearly stipulated in Parliamentary Standing Orders.

The aim is to make comprehensive Standing Order that members can correctly refer to when calling President to Parliament to respond to their questions.

The process follows failed attempt by five legislatures who includes Leader of Opposition and President of Malawi Congress Party, Lazarus Chakwera to force President Peter Mutharika appear in the just ended Meeting of National Assembly to answer their questions as it was noted in the House that legislatures had wrongly quoted the provisions.

Deputy Chairperson for the Committee, Maxwell Thyolera explained that the committee is enhancing two Constitution provisions Section 89 (3)(c) and 89 (4) to enable legislatures to quote them correctly by clearly show in Standing Orders under which time each of the provision can be applied when calling the President. 

Both Constitution provision outlines procedures for the time the President is supposed to come to Parliament and to answer questions from members.

Under 89 (3) (c) it is mandatory that before the House consider budget, the president should come to answer questions and policies of Government. And therefore, where the president is required to respond to questions in accordance with the provisions of Section 89 (3) (c) of the Constitution, he or she may not delegate such functions to a member of the Cabinet. While section 89 (4) President can be summoned at any time by the motion of the House, however, during that time President can delegate a Cabinet Minister. 

But during the just ended 3rd Meeting of the 46 Session of National Assembly both constitutional provisions were interchangeably used by members when calling the President and this is why members had insisted to see President in the House and not delegated Minister yet this was not a period that was mandatory for the Parliament to invite the President. 

“During other meetings the president can be summoned by the resolution of the House. So, under that constitution provision there was no any standing order to support that and this is why during the last meeting there were some problems where others were confusing the two provisions because the other one was operationalised  by the standing order 70 while the second on section 89 (4) was not operationalized.” noted Thyolera

“So what we are doing now, is to operationalise both sections section 89 (3) (c) and 89 (4) so that may be things could go on smoothly the president should be called to Parliament when need be.” He added

He then urged Presidents to comply to these two constitutional provisions “This is a constitutional provision and the president before assuming the office is sworn to defend the constitution and is a custodian of the constitution. So, it is our expectation that the constitution will be respected in that respect.”

He also added that the committee has proposed inclusion in the new provision in the standing order 67 so that members can be free to ask five questions and five supplementary questions. Another section 89 (4) the similar procedure of allowing members to ask five questions and five supplementary questions will apply. And we are proposing to invite President on Wednesdays for one and a half hour session”

DPP To Justify Msonda's 'Kill Gays' Case Discontinuance To Legal Affairs Committee

Kachale: her office discontinued Msonda case

Director of Public Prosecution (DPP) has been summoned to appear before Legal Affairs Committee of Parliament on Thursday to explain about her office decision to discontinue with a case against politician, Kenneth (Ken) Msonda.

Early this year, Peoples Party (PP) Publicity and Administrative Secretary, Msonda, is allegedly to have openly suggested the killing of homosexuals as the only solution to end rising cases of homosexuality in the country. It is reportedly that through his Facebook post he further described homosexual people worse than dogs and “sons and daughters of the devil.”

Although the case was opened against him, DPP office applied to court for the discontinuance of the case.

Deputy Chairperson for Legal Affairs Committee, Maxwell Thyolera explains in an interview that DPP, Mary Kachale appearance before his Committee on Thursday afternoon is to hear more from her about the report she submitted to the committee on the discontinuance of the case.

“We want to know the reasons why she discontinued the case. That is why we have called her to brief the committee because we have the certificate that she has given to the committee, so we want to get more information when she appears tomorrow.” said Thyolera

Honorable Thyolera said Kachale summon came under Section 99 subsection 3 of the constitution which require DPP to give a reasons to Legal Affairs Committee for any criminal proceedings discontinued at any stage before judgment is delivered.

“It is mandatory by law that when the case has been discontinued the reasons as to why has the case has been discontinued has to be given to Legal Affairs of Parliament and it is for the checks and balances that those things should be looked into holistically by both arms of Government; both executive as well as legislatures.” He added

Thyolera indicated that his committee has specifically requested for the case of Republic Vs Msonda because it is the only matter that has recently been discontinued by DPP.

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.