The main opposition Malawi Congress Party (MCP)’s Spokesperson, Dr Jessie Kabwira, Member of Parliament (MP) for Salima North West constituency has petitioned the Speaker of Malawi’s National Assembly, Richard Msowoya to throw out 11 United Democratic Front (UDF) MPs for violating the controversial the section 65 of Malawi constitution which forbid legislators to cross the floor.
This comes as the Speaker is still cogitating on the course of action due to the legal advice Attorney General Kalekeni Kaphale gave to him last week of not invoking section 65 over UDF MPs after human right defender, Billy the petitioned the Speaker on the matter.
In a said later the dated June 12, 2015, AG Kaphale wrote to Speaker saying that the UDF MPs did not cross the floor nor violated the constitution therefore there was no logic to invoke section 65.
As regarding to Mayaya’s petition to the Speaker, Kaphale advised Msowoya not to consider it saying clearly Mayaya was not a member of the house and that no MP signed or took charge of the petition as required by the law citing Part XV1 of the standing orders under section 53 (1) which requires a petition to be presented by an MP.
Speaking in an exclusive interview with the Maravi Post on Friday evening, June 19, 2015, Dr Kabwira said wanted to bring order in the chamber unlike person vendettas saying time was ripen for the law to work without looking any political affiliation an MP belonged to.
She said it was not proper for a single party belonging to both benches in the house of opposition at the same time on government side saying democracy Malawians fought was at stake hence the petition.
“I don’t have any personal grudges against UDF MPs, in fact, most of them are my friends but what is paramount here is observing the law which is in line with values of democracy which Malawians fought in 1994.
“Where have you heard in the world that a party belongs to two sides-oppositions then government in Parliament? How is it going to transact business while their two leaders (The party leader) and (party leader in Parliament) seat at different benches. Even in America or Britain that does not happen, this is completely disorder at its best.
“My expectation is that the speaker will invoke the section before we rise up for this budget seating as we just remained with two weeks for deliberations”, says Dr. Kabwira.
Later the Maravi Post spoke to the Speaker of Malawi National Assembly, Richard Msowoya who confirmed as being petitioned to act on these UDF MPs by invoking section 65 which has always been blocked with injunctions when is read to be enforced for members who crosses the floor.
Out of 14 MPs UDF has in Parliament, 11 moved to the government benches in a bid to strengthen the party’s relationship with the governing Democratic Progressive Party (DPP) whose party leader, Atupele Muluzi is a cabinet minister however, Lucia Banda, the former UDF leader in Parliament, Muluzi and Second deputy speaker Clement Chiwaya won’t be affected by the invoking of the section 65.
Malawi constitution forbids Members of Parliament from crossing the floor in the national assembly by joining a party that is different from the one that ushered them into the house
