(MaraviPost): The DPP and UDF coalition has decided to play hardball with MCP Speaker Richard Msowoya because of his perceived bias against the two parties.
DPP and UDF are threatening the Speaker with impeachment proceedings over his alleged bias in the handling of the petition by a civil society leader to declare vacant seats of 11 UDF members of Parliament (MPs) who moved to the government benches in Parliament.
Section 65 of the Malawi constitution reads: The Speaker shall declare vacant the seat of any member of the National Assembly who was, at the time of his or her election, a member of one political party represented in the National Assembly, other than by that member alone but who has voluntarily ceased to be a member of that party and has joined another political party represented in the National Assembly. 2. Notwithstanding subsection (1), all members of all parties shall have the absolute right to exercise a free vote in any and all proceedings of the National Assembly, and a member shall not have his or her seat declared vacant solely on account of his or her voting in contradiction to the recommendations of a political party, represented in the National Assembly, of which he or she is a member.
An insider from the ruling Democratic Progressive Party (DPP) revealed to The Maravi Post that the impeachment issue came up at the two caucuses DPP members held jointly with members from United Democratic Front (UDF) in Lilongwe earlier this month.
The matter was also corroborated by a leader in the UDF side who claims to have been present when the issue was discussed at the Caucus.
In an interview yesterday, Leader of the House Francis Kasaila (DPP) refused to comment on issues raised at the caucuses, but cautioned that impeachment could not be ruled out “if the Speaker steps on people’s toes”.
Said Kasaila: “The Speaker should tread carefully in coming up with decisions or rulings on matters pertaining to the National Assembly.”
The two parties are not happy that Msowoya is seemingly taking matching orders from Billy Mayaya. Billy Mayaya has been insisting that Section 65 of the Constitution be invoked on the 11 MPs for moving to the government side at the start of the current sitting.
Apparently Speaker Msowoya responded positively to Billy Mayaya’s request by demanding that the 11 UDF MPs should respond to him within seven days.
UDF argued back that the MPs could not be deemed to have crossed the floor because they did not ditch their party but merely decided to physically move over to the government side whose agenda they support.
The party’s position was supported by Attorney General Kalekeni Kaphale who cautioned the Speaker against the move.
High Court judge Healey Potani early this week dismissed an application sought by the UDF MPs to grant them protection from the Speaker’s impending decision on the petitions.
MP Lucius Banda (Balaka North) was the lone UDF member who declined to move to the government side, thereby causing the party for which he was the leader some UN easiness by defying what should have been a wholesale movement to the government benches.
In an apparent reaction to Attorney General’s concern that the Speaker could not entertain a petition by a non-MP source, Salima North MP Jessie Kabwila (Malawi Congress Party), who is known to prefer confrontation politics on Monday weighed in with her own petition, asking the Speaker to boot the UDF MPs out of the House for crossing the floor.
The DPP and UDF coalition is angered that the Speaker appeared to entertain the petitions when he should have nipped them in the bud by pronouncing that they were a non-starter.
But the Speaker has yet to make a determination on the MPs’ fate in the face of the two petitions.
The UDF MP disclosed that those planning the impeachment are yet to identify a person who would move the motion to impeach the Speaker.
He added that there are plans, at an advanced stage, to use Standing Order 32, which stipulates that the Speaker, or his deputies, may be removed by a resolution of the National Assembly, where an impeachment motion to that effect has been moved and carried by two thirds of all MPs through a secret ballot.
Reacting to the development, MP for Lilongwe Mapuyu South Joseph Njobvuyalema (MCP) said yesterday the move to impeach the Speaker will fail because the government side will not be able to amass 128 or more members for the motion to pass.
Said Njobvuyalema: “Even the opposition side does not have the numerical strength to move an impeachment motion on their own against any public officer.
Msowoya was elected into office in June 2014 by 101 MPs against Kasaila who received 89 votes.
Msowoya said in an interview yesterday that he had heard about the plot to impeach him but dismissed it as “just a rumour”.
However it should be noted that no Speaker in the Malawi parliament has ever enforced section 65 even though Malawi Members of Parliament who are known to prostitute themselves to the Government in power have provided many opportunities. It is therefore indeed suspicious that this Speaker for the first time is taking his responsibilities seriously.
