Chakwera Says Muluzi Case, MCP Legislators Wasting Resources

Malawi Congress Party President (MCP) and Leader of Opposition Parties in Parliament, Lazarus Chakwera has asked Government to drop all cases answering former President Bakili Muluzi and allow former President Joyce Banda come back home.

Chakwera was speaking when making statement before the adjournment of the National Assembly meeting Sine Die on Friday evening.

Changes In Parliament: Full Day Wednesdays For Bills, Impeachment Procedures For Presidents Applys To Deputy Speakers

Legal Affairs Committee of Parliament has again made some significant proposals to ensure that the business of the House is conducted for benefit of Malawians.

The weeklong meeting of the Committee has mainly made changes that are minimizing amount of time wasted during the period of National Assembly Meeting. 

Chakhwantha

Chairperson for the Committee, Peter Chakhwantha said in an interview after finalizing the review exercise of some of Standing Orders that the changes made are of great significance.

“Of greater significance that so far, what we have done is to review areas that we felt that Parliament has really struggled in terms of its procedural matters." He said

"You recall that there was a time when the Speaker had bemoaned the fact that a lot of hours are wasted with some breaks in between the meetings and there was a need for us to relook into time schedules.”

Chakhwantha then disclosed that the Committee has discussed and agreed that the sitting for Wednesdays must start from 09:30 hours till 17:00 hours instead of starting from 14:00 hours as it is the case now.  

“Another thing for Wednesday is that we have decided that it will just be a day for bills, so, Government will be allowed to flood the House with many bills as they would want.” He said 

And for Thursday’s, he continued “is Private members day, but what we have noted is that Government would actually flood the House with a lot of business on Questions to Ministers for Oral replies, so, we have decided to scrap off that one and it will just be dedicated for Private Members Business. And by this we are talking about Private Members Motions, Bills and whatever any private member would want to bring. So effectively it is taking away that part where Government would still want to have a hand in the business of Thursday.”

Chakhwantha said since members come from far places, the committee has resolved to maintain time for starting business for Mondays which is 14:00 hours and that on Fridays time to adjourn the House remains at 12:30 hours to allow members travel back home in god time. 

“We have also looked into the issue of absenteeism. We have mandated the secretariat as our consultant to come up with stiff measures that are going to arrest this malpractice where members would pocket allowances and yet not attend the deliberations. So we are going to come up with proper measures to arrest that development.” He confirmed

Among others, Chakhwantha said the committee has also proposed that times for health breaks be minimized to allow more participation of members in debates as well putting in the Standing Orders the ‘Cluster System’ a newly adopted procedure for budget scrutiny.

On Impeachment of Deputy Speakers he said the Committee also come up with the impeachment procedures of Deputy Speakers by adopting and copy what is already provided under the procedures for the removal of Speaker and President. 

He mentioned that these procedures will be applied with emphasis on the “right to be heard first before one is condemned.”

He then clarified; “We started to discuss some of the procedures around this issue some time back in July 2015. It is mot true that we just started this because of some issues that happened with our current deputy speakers.” 

Presidents Will No More Sit On Speaker’s Chair-Legal Affairs Committee Proposal

No more sitting on this Chair again 

The very long tradition of having President taking seat on the Chair of Speaker of the National Assembly when opening the new Session and Budget Meetings will soon come to an end if the new amendment proposal by Legal Affairs Committee of Parliament is adopted by the House.

Process of enhancing procedures of calling President to respond to members questions and question times for President after delivering the State of National Address in the House has necessitated the Presidents sitting changes. 

Proposed amendment by the Committee will require President take seat on a newly allocated place while speaker still maintains his Chair so that he remains in control of the House.

Current sitting 

Proposed change on Sitting 

Current practice, Presidents take seat on the Chair of the Speaker and remain seated until finishing delivering the State of National Address and leaves the House while the Speaker seats on a new allocated place.

Chakhwantha

“You know that there is the need for President to be coming to Parliament to answer questions, and if we could not think about where he will be sitting, there would have been some complications whereby members of Parliament will fail to engage with the President.” Explains hon. Peter Chakhwantha, Chairperson for the Committee

“Because, once the Speaker leaves that chair, that means whoever sit on that, takes control of the House and if the President continues to sit on that seat, that means he will be the one deciding the game.” He said 

“So, we felt that the President should have his own seat and the Speaker should maintain that seat so that he is in charge of the House.” 

This new arrangement further means that the Speaker will during question time remain in control of taking questions on behalf of president for him to respond, taking point of orders and supplementary questions and make usual guidance of the House.

“So, if we were to leave matters as they are that means it would have been the President choosing who should ask him, and who should get answer from. So, we have done it in a way that President should come to Parliament but will have a reserved seat, while the Speaker, being the head of Parliament will still being in control of affairs.” Added Chakhwantha

President Treatment When In Parliament

When President enters the Chamber, takes the Seat of the Speaker and signal the House to take seat by saying “Pray Be Seated” and takes the Chair

After delivering the State of the National Address, Speaker seating at some reserved place, rises and makes some announcements after which he says “It is now His Excellency the President’s pleasure to take his leave (of the House)” and adjourns the House to the next sitting day.

Before President enters the Chamber, the House firstly convenes for short period of time which the Speaker after announces Business of the Day’s Sitting suspends proceedings until President takes his Chair in the Chamber. 

Committee Concludes Enhancement Of Laws On Calling For Presidents To The House

Legal Affairs Committee of Parliament has finally finished with an excercise of enhancing into the Standing Orders, laws for calling President to Parliament.

The Committee was mainly outlining in the Standing Orders the existing two Constitutional provisions Section 89 (3)(c) and 89 (4) that outlines procedures for the time the President is supposed to come to Parliament and called to answer questions from members.

The Committee decision to incorporate the laws into the Standing Orders is basically to help legislatures to correctly refer to each provision and know when to use them when calling the President to the House to respond to their questions.

Chakhwantha

Peter Chakhwantha, Chairperson for the Legal Affairs Committee explains; "What the committee has done is to make sure that the two have been clearly spelled out as separate provisions which also require different manner of being handled. So what we have done is put in black and white that this should be done this way and the other section be handled in this way.”

Under section 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 provision, President 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. 

At present, the President comes to the House for the opening of Budget Meeting and New Session of National Assembly to deliver State of National Address and after finishing, the President’s take leave of the House without being asked and it is difficult for members to call President to the House to respond to their questions.

But outlining of these laws into the Standing Orders will result in a slight change of the Programme of opening of the Budget Meetings as immediately when the President finish delivering State of National Address will follow question time from members for the President to respond.

"To make sure that we seal all loopholes that one would want to take advantage of, we have tried to put some procedures that will commensurate with the other section 93, because remember there are two sections there. The other one deals with President when he finishes addressing the Nation, but the other one is where you give 21 day notice to the President with the question that you want to pose and for him to come to respond to that which we just noticed of late that Presidents want to delegate most of these answers." Continued Chakhwantha

Chakhwantha then said by clearly outlining the two legislations into the Standing Orders will remove unnecessary confusions that have prevented members from inviting the President to answer their questions.

"There was no such confusion, but maybe it was deliberately created to wear that face of confusion. The law is very clear, the president is supposed to take questions from members of Parliament once he finishes delivering State of National Address."  He said, "But what happened that time, there was no need for us to go back to Standing Orders and work out as if these things are not yet provided in the laws of Malawi."

He then emphasized that the National Assembly needs President because some of the questions members have, were already attempted by Ministers and they preferred to defer them to have the Head of State consulted. 

"So, where they would say they would rather consult President in that scenario we would actually just ask the President to come. Where he has to delegate there must be sufficient reasons that can convince us.” he said 

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

Procedures Of Asking President for Oral Replies 

Current Standing Orders had only recognized Section 89 (3) (c) of the Constitution of the Republic of Malawi that states “The President shall each year… attend Parliament and shall… respond to questions”

The Standing Order sets therein procedures for asking questions to the President which are regulated by the Standing Order 50 (3) (b) as follows.

• Members intending to ask questions to the President will submit notice of their questions to the Office of the Speaker. But the question should not; be excessive length, involve more than one ministry, include names of persons unless necessary, include offensive expressions and include any statement of fact unless the question is unintelligible without it.
• The question will be sent to the Office of the President and Cabinet to prepare the responses and that questions addressed to the President are taken on Wednesdays.
• In asking the question, the Speaker firstly calls out the question number and then constituency name of the member before calling upon President to provide the answer to the question. But another member is not allowed to ask the question on behalf of the owner of the question.
• If the question has been asked but the reply is not given, then the question may be carried forward to the next time when the President is called again by the House to answer the questions and the carry over question shall take precedence over all fresh questions on the Order Paper of that day.
• Any member may ask a supplementary question directly arising from the original question for purpose of elucidating any matters of a fact on an answer which has already been given. And a Member may withdraw one’s own question either before the question is placed on the Order Paper or when the question is being asked in the House.

Anyone Can Recommence Msonda’s ‘Kill Gays’ Criminal Case-Legal Affairs Committee

The Parliamentary Committee on Legal Affairs has finally agreed that anyone can re-commence the discontinued case of Kenneth ‘Ken’ Msonda but proper laws for opening criminal case must be observed.

Office of the Director of Public Prosecution (DPP) discontinued the criminal case when it was observed that private lawyers who commenced the case had done so without consulting the office.

Chakhwantha

“Members have decided that we should leave to the general public, those who are interested to pursue that issue further they should feel free to do so.” confirmed Peter Chakhwantha, Chairperson for Legal Affairs Committee

DPP, Mary Kachale, had on Thursday afternoon appeared before the Committee to justify her decision to discontinue the criminal case No 16 of 2016, Republic Versus Kenneth Msonda on Inciting another to contravene the law contrary to section 124 (1)(b) of the penal code.

Chakhwantha has therefore reminded those who want to pursue with this case to take advice from DPP that since the case was closed it is not possible to re-open the same case number, rather, they should be go back to wheels of justice to open the case using different case number.

“I must emphasize that it is now the view of the committee that members of general public should know how to commence these criminal proceedings especially they have to start with office of Director of Public Prosecutions.

As for committee, we feel whatever happened when commencing the closed case is something that we should indeed not condone” added Chakhwantha

Politician, Kenneth 'Ken' Msonda angered Human Rights defenders early this year for allegedly to have openly suggested the killing of homosexuals as the only solution to end the rising cases of homosexuality in the country which the charge sheet cited him conduct to have contravened section 209 of the penal code.

It is reportedly that in that Facebook post, the Peoples Party (PP) Publicity and Administrative Secretary, Msonda, had further described homosexual people “worse than ‘dogs” and are “sons and daughters of the devil”

Private Lawyers, Court Bypassed DPP When Commencing Msonda’s ‘Kill Gays’ Criminal Case

Kachale: Her office was never consulted

The Director of Public Prosecution (DPP) has told Legal Affairs Committee of Parliament that the commencement of the Kenneth ‘Ken’ Msonda’s ‘Kill gays’ criminal case was done without consulting her office.

DPP, Mary Kachale, was appearing before the Committee on Thursday afternoon to justify her decision to discontinue the criminal case No 16 of 2016, Republic Versus Kenneth Msonda on Inciting another to contravene the law contrary to section 124 (1)(b) of the penal code.

Politician, Msonda is allegedly to have openly suggested the killing of homosexuals as the only solution to end the rising cases of homosexuality in the country which the charge sheet cited him conduct to have contravened section 209 of the penal code.

It is reportedly that in that Facebook post, the Peoples Party (PP) Publicity and Administrative Secretary, Msonda, had further described homosexual people “worse than ‘dogs” and are “sons and daughters of the devil”

Chakhwantha: his committee acknowledged the
DPP concern 

“She has told the committee that she had to discontinue the case on technical grounds especially where she noted that private lawyers who instituted the criminal proceedings had bypassed her office.” Disclosed Peter Chakhwantha, Chairperson for the Committee after holding a camera interface with Kachale

“The lawyers did not seek consent from her office which is a requirement of the law and again they had also put themselves on record as if they were sent by the office of the DPP as the charge sheet indicates that the case was Republic versus Ken Msonda. 

Where you have a charge drawn in that manner that shows it is the state prosecuting, but in this case the irony is that it was a private lawyer who had gone to court to commence criminal proceedings as if the proceedings were commenced by the office of the DPP. So, where that conflict had risen the DPP had to intervene by withdraw that case” he said

Chakhwantha then said his committee noted and agreed with the DPP on the existence of laws that guide private citizens when commencing criminal proceedings against any person before any court and such procedures were in this case supposed to be followed. He said the committee also observed the failure by Magistrate court to guide the lawyers on how they could have properly commenced that case.

“The law allows the private citizens to commence criminal proceedings. However there are checks and balances, among them is requirement that you have to go by the office of Director of Public Prosecutions. You can allege that the criminal offense has been committed and go to the Magistrate, but even before the magistrate signs the charge sheet, the court has to follow few steps particularly investigate allegations and come up with results in writing to the DPP.” He explained

“In this manner of the case of Ken Msonda, the Magistrate did not even fulfill those requirements. This is where the office of the DPP also faulted the entire commencement of this criminal case.” Said Chakhwantha

Chakhwantha revealed that the DPP, Mary Kachale during the meeting could not say if her office had found Msonda with possible case because she was of the view that she needed to consult for legal opinion on the matter first since Msonda alleged remarks started on Facebook post and media interviews which at the moment her office does not have evidence.

The Legal Affairs Chairperson, further disclosed that during their meeting, the DPP, has told them that at the moment if private members are still of the view that there is need for the recommencement of the case they can do so but under a different case designation; meaning the recommenced case will come again under different case number but not similar case number which was discontinued.

“There is a requirement under the law that once the case has been discontinued within six months it can be recommenced but from her own word she is not ready and willing to recommence the case. This is where she had to say if members of the general public are of the view that the matter should go back to court then they can only do that under a different case number not the one she has discontinued.” Said Chakhwantha

On the way forward as Committee having listened to justification of the discontinuous of the case by DPP, Chakhwantha said “As the committee, we are supposed to discuss the presentation and come up with the resolution on Friday.”


Copy Of Charge Sheet

Criminal Case No. 16 of 2016

THE REPUBLIC VERSUS KENNETH MSONDASUMMONS/CHARGE SHEET(SECTIONS 83 AND 84 OF THE CRIMINAL PROCEDURE AND EVIDENCE CODE)

Accused Name: Kenneth MsondaTO: Kenneth Msonda above named.

Whereas your presence is necessary to answer the charge(s) hereunder set out you are hereby required to appear in person before this Court on the 22nd day of January 2016 at 9 o'clock in the fore noon.

And Herein fail not.

Dated this 8th day of January 2016.

Signed (Resident Magistrate) OFFENCE (SECTION AND LAW) Inciting another to contravene the law, contrary to Section 124 (1)(b) of the penal code.

Kenneth Msonda on or about the 2nd January 2016 in the City of Blantyre indicated or implied to members of the general public that it was desirable for them to contravene section 209 of the penal code by unlawfully killing people of the homosexual orientation.

Dated the 8th day of January 2016

Signed: KHUMBO BONZOE SOKO AND GIFT NANKHUNI Prosecutors (On behalf of the Complainants).

Police Extends Kabwila, Chakhwantha Treason Bail To April 29

MCP supporters at Area 30 during Kabwira arrest 

Police has extended to April 29th, the bail bond for two legislatures from Malawi Congress Party (MCP), Jessie Kabwila and Peter Chakhwantha.

Two legislatures were arrested in February following a Whatsapp conversation whose conted was deemed as Treasonous.

Despite confirmation from the two suspects of having been charged with treason, Malawi Police Inspector General, Lexten Kachama informed the Nation that the two were never charged of the said offense.

After their release, both Kabwila and Chakhwantha were told to appear to police on 27th February, 2016 at area 30 Police Headquarters. After appearing on that date, Police informed the two to reappear on March 18th but after going again to check their bail which is this Friday, Police have instructed them to reappear again on 29th April 2016.

Speaking in an interview, Chakhwantha confirmed the bail extension to 29th April but said "They didn’t offer much details and it was too little that we could actually appreciate as to what is going on apart from to extend our bail to 29th April.”

But he did indicate that they have been told that they are free to travel and have confirmed them “as free as before.”

Chakhwantha therefore said this extension dispel claims by Police IG that they were never charged with treason

“They arrested us and charged us. All the processes that they administer over a suspect when they are about to charge or have charged a person before taken to court were administered on us. So we still stand on that conviction that we are under arrest” he said

Kabwila

Honorable Jessie Kabwila also said she is still under arrest up until 29th April 2016 because they are still under bail.

“In other words still as we are walking around we are people who are attempting to overthrow the Government, our names are linked to that.” She said 

She said she has a charge sheet indicating details of her arrest although the Inspector General of Police, Lexten Kachama had recently told the Nation that the two were never charged

She noted that this arrest has negatively impacted her much because, she has been missing some important discussions in the House as she a part from being Salima North-West legislature is also Chairperson for Women Cause in Parliament.

“Just today in Parliament, they were discussing Land Acquision Bill, they were talkig about other issues of land. Ant I think you know very well that land issues for poor people are a problem. In my constituency, the Green Belt Initiative, is an issue that is a big borne of contention because poor people are complaining that they were either poorly compensated or they got nothing at all and this growing season they did not have anywhere to grow. 

So, during this time I could have participated and contributed but I was there going to show my bail and answering a charge of a treason by Whatsapp” she said

She therefore claimed that the whole arrest was a design to keep her off from participating in the very important matters as she is also Malawi Congress Party spokesperson.

Opposition Defeated On Amendment Motion On ACB Appointments

The National Assembly has voted ‘no’ to amend the Act on the powers to appointment the Anti Corruption Bureau (ACB) Director General and his Deputy from President to the National Assembly for the interest of the bureau's independence.

Lilongwe South West, Peter Chakhwantha presented a drafted amendment of Section 5 (1) of the Corrupt Practices Act in which he was proposing that the appointment of both the Director and Deputy Director of ACB be done by the Public Appointments Committee of Parliament based on merit and through an open recruitment process and that the Director be reporting and answerable to Parliament through the Public appointments Committee.

During the roll call vote to determine if the House adopts the amendment following divisions of votes, saw Government defeating opposition with 82 votes to 75 votes and there were 34 absentees.

“Honorable members, this means that we can not continue with other processes of the bill. Therefore, the bill Amendment has been defeated” announced Richard Msowoya Speaker of the National Assembly just after the mover, Chakhwantha reported that his motion has been shutdown

The drafted amendment came in the House today after the House some few weeks ago had adopted the amendment motion following  a victory of 75 to 67 votes by Opposition during the division to determine if the mover of the motion, Chakhwantha, should be allowed to wind up the motion and ask the House to adopt it.

But but this time around, the defeat has greatly disappointed the Opposition as Leader of Opposition reacted immediately the House was suspended for lunch break

Chakwera shaking hands with President Mutharika

“We thought we Malawians, will be the winners but we have been denied that” reacts Leader of Opposition Lazarus Chakwera in an interview further accusing Government of being “Chameleons” for changing their mind on fight against corruption as attested in this motion

While stating that their side does not consider this as a defeat, Chakwera said the battle will rage on with other motions and they will keep on fighting by bring more motions on various legislations in the House.

“They have been sitting on pieces of legislations that the Law Commission went around this country consulting and they do not want to bring it because they are afraid that the law will come after them but the long arm of the law will still come after them." He said

"It is not true that as a nation we should be telling Malawians this is what we will do if you vote for us and then when we are voted in, we decide to do the different. The reforms that they are championing have actually saying this is part of what they will do, and then to come back today and say we are not ready to do that, this country is not ready to fight corruption” said Chakwera

Lunguzi

Equally, Dedza East legislature, Juliana Lunguzi had expressed her disapointment in the House just after the motion was defeated 

“This being the House of records I want to register my disappointment that the country from the Government side has chosen to say yes to corruption” she lamented but this attracted boos from Government legislatures who also in their shouts, ordered her to resume her sit honorably

When tempers flared up following the boos, speaker, Richard Msowoya tried to put things to rest.

“The core processes of the bill has gone through, and as usual in any context one side wins the other side loses. And this has been the process if there was point in the process of the bill where you thought something procedurally went wrong you have the right to point it out but let’s not perpetrate this kind of discussion and scoring political points” said Msowoya

Throughout the general debate of the bill Government side continued to oppose the amendment of the section and it also defeated the Opposition by 76 to 73 votes during the division voting to determine if the House needed to curtail the debate to allow Chakhwantha to wind up the debate and propose that the House should adopt the drafted amendment bill.

Kabwila, Chakhwantha Bail Bond Extended: Fears Treason Case

Malawi Police have left two Malawi Congress Party (MCP) legislatures, Jessie Kabwila and Peter Chakhwantha in panic after informing them on Friday that their bail bond has been extended to 18th March 2016.

As a condition to their bail, Salima North-west legislature Kabwila and Lilongwe South-West legislature, Chakhwantha on Friday appeared at Area 30 Police Headquarters and were left gob-smacked to hear that their bail has been extended and should appear again to Police on 18th March. 

MCP supporters on Monday evening following
Kabwira arrest

Kabwila, spokesperson for MCP and Chairperson for Women Caucus in Parliament was arrested on Monday on her way to Germany Embassy to seek asylum while Chakhwantha, Chairperson of Legal Affairs Committee of Parliament surrendered himself to Police on Tuesday and were both charged with treason over Whatsapp conversation. However, Inspector General of Police Lexten Kachama on Wednesday clarified that the two were only called for cautioning and were never charged with any offense.

The two legislatures said they are surprised that Director of Criminal Investigation Department (CID) has contradicted Police IG’s earlier statement regarding the arrests by extending their bail.

“We waited there for an hour then we were ushered into the office of the Director of the CID, it is where we got the shock of our lives where they told us that they are going to extend our bail bond to 18th March the very same day this House (National Assembly Meeting) will be rising.” Explains Chakhwantha

Chakhwantha reacted that the extension of this bail is a confirmation that Police would like to pursue Treason case against them

“This is something very strange because we understand that the IG had told the nation that we were never arrested and we are not on any charge so far, so by way of extending the bail bond we take it that legally what he said is has been contradicted by his own junior officers. 

By the extension of this bail bond we deem that we are indeed were formally charged and we are under arrest and as we are, we are suspects” said Chakhwantha waiting to hear what would be the next step by Police on 18th March

On her part, Kabwila expressed concern that these charges are preventing them from attending to important matters in National Assembly citing Friday as an example whereby as they were at Area 30, the House was listening to Minister of Finance presenting Midyear budget statement.

“You hear Police IG stating that there is no case and hear Area 30 Police saying we are extending your bail, so we don’t understand as who is telling the truth.” Reacted Kabwila

Kabwila said the bail extension is Government plan to keep them off from talking about the hunger in this country.

“To tell the truth what this is all about is trying to keep Malawi Congress Party quite because people know that what Malawi Congress Party has been saying that this Government has not handled the hunger that we kept on saying is looming for so long. And it is not by accident that we had to go and do this bail on the day that Minister of Finance was presenting his estimates and we missed that.” She said

The Case will cost public money 

Kabwila warned that their arrests will costs Malawians tax because at the end the ruling Democratic Progressive Party (DPP) will compensate them just like it is planning to do with the ‘July 20 victim’ families. 

“DPP Government seems to be bent on misusing taxpayer’s money because they are paying people for mistakes they did and now look at what they are doing to us. This is also another self inflicted pain on the state. We don’t have resources, why should we have a Government that is so good at making mistakes and costing the public money, now they are even costing public its legislatures.” Said Kabwila who described DPP government as clueless and the charges are ridiculous 

The two MP's also said their appearance at Area 30 Police Headquarters was violation of assurance of Legislatures immunity and privileges as made in the National Assembly by Leader of House Francis Kasaila that Police will follow procedures that are established as to how they can deal with members of Parliament once found on the other side of the law.

“What is happening now is that, apart from that commitment, the IG also came in the open and said there are no charges. And today behind the back of the speaker, they call his children to Area 30 and extend the bail bonds. This is where we are saying something very fishy is being cooked up and we are saying this Government does not even care whether there would be consequences in terms of monetary compensations at the end of the day as they have already demonstrated that they are now currently paying the 20 July victims with Millions of money’s. So what will happen to us?” asked Chakhwantha 

But Kabwila said their arrests means police are getting orders from politicians and that DPP Government does not believe in independence of institutions

House Adopts Proposal To Change Act On ACB Appointments

The National Assembly has adopted a motion that seeks to amend section 5 (1) of the Corrupt Practices Act with resistance from Government side.

The motion which came under Private Members' Business was moved by Honorable Member for Lilongwe South West, Peter Chakhwantha proposing amendement of the section so that powers to appoint and fire Anti-Corruption Bureau’s Director General and its deputy be moved to the Parliament and not the President as it has been long practice.

Chakhwantha moved that “In order to ensure total independence and tenure of office of the Director and Deputy Director of the Anti Corruption Bureau ACB, this House resolves that an Amendment Bill to amend Section 5 (1) of the Corrupt Practices Act be drafted forthwith and presented for consideration in this House by the mover of the Motion in liaison with the relevant competent experts before the end of the Meeting specifically the Bill must amend Section 5 (1) of the cited Act to provide for the appointment of both the Director and Deputy Director by the Public Appointments Committee of Parliament based on merit and through an open recruitment process and that the Director be reporting and answerable to Parliament through the Public appointments Committee”

The motion got overwhelming support by most opposition parties and some independent legislatures whilst Government side opposed any alteration of the provision.

There was also division of votes which lead to the row call where each member of parliament was voting if they want mover of the motion to continue to windup his motion or not. The Government benches voted no while the opposition members voted yes. But at the end of this voting opposition won with 75 votes while Government side got 67 votes and there were 51 absentees.

Speaking in  an interview after the motion was adopted the mover, Honorable Peter Chakhwantha said was excited at last that the process to the independence of the Anti-Corruption Bureau has begun.

“The motion was all about trying to help the members of staff of Anti-Corruption Bureau particularly starting from the top to the bottom. We know that since 2005 this country enacted the law to establish an office which is supposed to be a watchdog over all government institutions and private individuals is issues of embezzlement. 

We know that corruption is evil, but the only way we can manage eradicate corruption is by driving the change. Having worked with ACB before, I came to their conviction that we need to start with creating room for the Director and Deputy Director then to the rest of members to feel and independent working environment. 

He said he in consultation with other opposition parties including his party, Malawi Congress Party (MCP) are ready to make the drafting of the amendment bill before the rise of this 2nd Meeting of the 46th Session of National Assembly.

“So what has happened is that the members of the August House have agranted me as a mover of the motion and those who are willing to help me to come up with an amended bill so that we are able to proceed with such an amendment to have the Director of ACB to be reporting to Parliament instead of current scenario where he reports to President as well as to be appointed by the Public Appointment Committee so that even his job security is well secured." He said 

"You have witnessed a number of times where president come in and fire Director of ACB simply because they feel he is not one of their own, so with this motion we feel we must protect ACB and make it absolutely independent.” added Chakhwantha

Kabwila Out On Bail: Charged With Treason

Malawi Congress Party MCP top official and Legislature for Salima North West, Jessie Kwabwila has been released on Police bail at Kanengo Police station after spending night at the station over treason charges.

Kabwira is expected to appear before police on 26th February.

The arrest on Monday evening in city centre near Germany embassy happened just after she had attended to the first sitting of the National Assembly meeting.

Kabwila was going to the embassy to seek asylum but this was later after Peter Chakhwantha had successfully entered the embassy premises where he is as asylum seeker to escape arrest following Whatsapp conversation.

The two have been hunted by police following Whatsapp conversation allegedly bearing their phone numbers and of some MCP officials discussing ways to oust Peter Mutharika Government. However, police on Sunday failed to arrest them because they were nowhere to be seen. But they successfully managed to arrest Ulemu Msungama who is now on police bail over similar charges. 

MPC legislatures and supporters went to Kanengo Police station to demand the release of Kabwila however, police granted her bail last night but was released this Tuesday morning at 06:00 hours.

Gustave Kaliwo, MCP secretary General said he was disappointed with Police that after being assured not to arrest the two until the end of ongoing meeting of National Assembly they went ahead with plans to arrest the two.

Below is part of the Whatsapp conversation

27/01/2016, 21:25 –+265 998 58 24 45: What are we doing as MCP to deal with this stupid DPP administration and its president? In the last dpp regime, things were bad but we made Malawians to fight back. This time we seem to be normativising these deadly failures.

29/01/2016, 03:26 –+265 999 54 44 70: Kaya aMalawi kupusaku kunachokera pati eish! The DPP is messing up big time and we all seem Ok

27/01/2016, 21:59 –+44 7963 139218: I presume Diaspora movement should kick start it then the Nation will follow but it’s not easy for MCP as a party to start something, I know the consequences but let the masses do the job, they just need a starting point. Then everyone else will be ok board, these people are suffering and can react so quick.

29/01/2016, 04:18 –+1 (404) 617-9530: APM can be taken down, just using The Mubarrack Egypt style nkupita ku nyumba yathu, Kamuzu Palace osachoka iyayi, atha kukomokera momo ataona kalikiliki panja anthu atalusa ndithu

27/01/2016, 22:02 –+44 7754 944607: Does not opposition have youths who are fearless to tackle the issue head on?

27/01/2016, 22:08 –+265 998 58 24 45: We have youth, pp also has them . I think it 7th a matter of structuring, defining exactly what has to be done, well timed, not reactive, apologetic or too careful, logical etc. Rather, some organised chaos chipping at the elephant from all corners till it falls, all hands on Dec

27/01/2016, 22:09 –+44 7963 139218: We have the youth in opposition but legally any uprising started by opposition result in treason cases, let’s use the people. I believe if Malawians start it, MCP is ready to take care of them, there might be differences but even those starting this know the potential and opportunities that lies ahead.

29/01/2016, 01:48 –+1 (404) 617-9530: Pita ndiofunikatu kukamuchotsaku ku Kamuzu Palace yathu. Nyumba yathu imeneyi ngati anspangira Mubarrack in Egypt

29/01/2016, 06:14 –+44 7969 216335: But if a small group can pull out a campaign kunena Kuti sitichoka ku city centre till atatulapansi udindo I’m sure people can join in.

29/01/2016, 06:17 –+265 999 54 44 70: As MCP we were supposed to take advantage of all this mess and play it from the background

28/01/2016, 22:00 –+265 996 24 30 27: I entirely agree with you, me too wonder- why we are not ticking and get necessary backing. Few of us had/have careers elsewhere but opted to join liberation movement. Alas its business as usual. Ask JK and myself. Even in parliament, we don’t get the support we need to get this DPP down

29/01/2016, 06:43 –+265 998 58 24 45: I used to think joining politics would give me a chance to be more active, use my activistvoice with those of others but what I have seen is speaking out, walking in the streets has earned me the title waphuma ameneuja,the bulk of those I stand with prefer apologetic so called calculated politics. I’m an activist and do not apologise for my belief in people power. I must say, I’m reaching a point where it seems I belong more to my classroom where my phuma led in defeating bingu, it gets frustrating to be in a party everyone wantsand is looked up but it is afraid of its own power, I feel like a person dying of thirst when I’m in a river. Me and my phuma seem to belong elsewhere.

29/01/2016, 06:44 –+265 999 54 44 70: Zimatopetsadi JK

Kabwila Arrested: To Spend Night At Kanengo Police As Chakhwantha Seek Asylum At Germany Embassy

MCP supporters and MPs at
Area 30 Police Headquarters 

MPs discussing next move \after
Overpowering police 

Member of Parliament and top official from opposition Malawi Congress Party Jessie Kabwila has been arrested by Police while another parliamentarian and top member of the party Peter Chakhwantha is to spend nights at Germany Embassy where he is as an asylum seeker.

Police vehicle was seen
hidden parked
outsidParliament building after clashes with MPs

Kabwila and Chakhwantha were in hiding following reports alleging the two together with other members of MCP were involved in Whatsapp conversation strategising ways to overthrow Peter Mutharik Governmnet.

Police mounted roadblock at parliament building after reports spread that the two are out from their hiding and were inside attending the National Assembly deliberations.

Both Kabwila and Chakhwantha were in the day attending the first day National Assembly deliberations meeting which have began on Monday afternoon.

Kabwila was attempting to enter Germany Embassy when Police intercepted her at Tourism offices in City Centre just steps away to the Germany Embassy. Her arrest came few minutes after Chakhwantha had successfully entered the embassy house.

The arrest came just after Minister of Home Affairs and Internal Security had assured the House that legislatures should not be afraid of the roadblocks mounted outside the parliament building when speaker of the National Assembly Richard Msowoya asked the minister to assure the House that members will not be intimidated and arrested when coming and leaving the building.

The speaker requested the assurance from the Minister following a concern from Lilongwe Msodzi South legislature, Hon Vitus Dzoole Mwale who informed the House that “We are under siege”

Minister of Home Affairs and Internal Security Jean Kalirani said “What I am aware is that there is visibility of police around the country and is very important. I would like to assure you Honorable Speaker Sir, that there is nothing to fear if you have done nothing wrong.”

Immediately when the deliberations were adjourned to Tuesday, angry opposition MPs led by MCP members wrestled with Police outside the Parliament Building and successfully dismantled their roadblock. 

Legislatures then were seen in discussions and agreed to go to Area 30 Police Headquarters upon hearing rumors that Kabwila was there.

At Area 30, opposition MPs together with Malawi Congress Party supporters held protests outside the gate of the Police headquarters. They prevented any vehicle from entering or leaving the place and a driver suspected to be one of the senior police officers was about to be manhandled by the angry party supporters when he attempted to drive his vehicle and pass the through the gate.

Gustave Kaliwo

30 minutes later, the protesters left the place for Kanengo Police Station when Police informed MCP Secretary General, Gustave Kaliwo that  Kabwila was being detained there.

The two have been hunted by police following Whatsapp conversation allegedly bearing their phone numbers and of some MCP officials discussing ways to oust Peter Mutharika Government. However, police on Sunday failed to arrest them because they were nowhere to be seen. But they successfully managed to arrest Ulemu Msungama who is now on police bail over similar charges. 

Gustave Kaliwo, MCP secretary General said was disappointed with police that after being assured not to arrest the two until the 2nd Meeting Of 46th Session of National Assembly was over had went on with plans to arrest the two.

He described Kabwila arrest as political.

Marriage, Divorce and Family Relations Bill Passed Without Proper Oversight

As Uladi, Legal Affairs Committee of Parliament Says Some Provisions Contravenes with Constitution

Member of Parliament for Salima South Constituency Uladi Mussa has insisted that the bill ‘Marriage, Divorce and Family Relations has been passed in haste and the house failed to have a critical eye on some provisions that contains in the bill and those in the Malawi Constitution.

Mussa at the beginning when the bill was about to be presented by the Minister of Gender, Children Disability and Social Welfare hon. Patricia Kaliati pointed out that the proposed legislation should have been referred to Legal Affairs Committee of the house before debating it in the house.

“Even the Minister of Justice can agree with me” he said “am totally supporting this bill I don’t have any problem with it, but it is involving Section 22 of the constitution of the Republic of Malawi. Minister of Justice is fully aware of that legal necessity required to be done” 

He insisted “Am worried that we are violating our own constitution, this bill is proposing to change marriage age from 15 to 18 which we all agree but that is also in the constitution of the republic of Malawi and for that to happen requires amendment of the constitution.” And suggested, “After amendment of Constitution that will be a right time to bring the bill otherwise this bill will be null and void outside the parliament because the Act cannot be above the constitution”

When Minister of Justice and Constitution Affairs hon. Samuel Tembenu hold the floor, he clarified that the bill is not seeking to amend the Constitution “Actually the provision in the bill merely states that the age is subject to what the constitution says so there is no attempt or what so ever to amend  the Constitution”

Later in an interview Mussa maintained his argument based on Section 22 subsection 7 which stipulates “7. For persons between the age of fifteen and eighteen years a marriage shall only be entered into with the consent of their parents or guardians."

He therefore said "Amending that Section of Constitution we would have been absolutely sure that early marriages will stop and perpetrators penalized but as of now this bill is not stopping early marriage”

Malawi National Assembly Building Entrance

He also pointed out that he is not happy with provision that divorce of religious marriage also be done through the courts. He strongly said the bill should have cited that all marriages falling under ‘Religious marriages’ make divorce with consultations from clergy or churches officiated the engagement. He said as the bill stands now it is in conflict with some religious laws of some churches like Catholics that does not allow divorce and others like Islam which accepts divorce but given valid grounds like dishonesty and unfaithfulness of a marriage partner.

Reacting on the same, Chairperson for Legal Affairs Committee Hon. Peter Chakhwantha said at the same time as committee is contented with some provisions in the bill on protection of girl child and women, it also noted that the legislation contains issues that shall later be amenable to amendments and needed immediate correction.

“In this case there are so many areas in this bill that very soon we shall hear legal battles and challenges simply because we did not want to take our time to do homework properly”

He went on “We are not saying the bill is in its entirety wrong, but as member for Salima (Uladi Mussa) pointed out, we also as committee pointed out section 22 which clearly shows that this bill has grossly contravened the constitution”

As Chairperson for the Committee said his expectations were to see the government bringing the bill in the house by following standing order 125 where the bill was supposed to go through Clark of Parliament then sent to the relevant committee in this case Legal Affairs Committee to scrutinize it and make recommendation before debate in the house.

“The way this bill has been passed it has been a marathon and there was no room for those expected to bring controversial issues” he said

The Chairperson further observed that processes happening in this Meeting are short charging the entire essence of having standing orders “There are a lot of bypassing, maneuvers that does not want to recognize relevance of some procedures to be followed to avoid obvious issues that arise after the house short-circuited process.