Thursday, February 2, 2023
HomeLaw and order"Leave PAC to execute its power, even Nangwale, Mussa were rejected, what's...

“Leave PAC to execute its power, even Nangwale, Mussa were rejected, what’s so special with Chizuma?- Reknowed lawyer Kasambala

PAC rejects Martha Chizuma

By Ralph Kasmbara SC

Back to basics: The law grants power to Public Affairs Committee of Malawi Parliament (PAC) to confirm the director of Anti-Corruption Bureau (ACB). It does not say PAC should produce a report. Where the law wants the whole house to confirm an appointee the law dies not shy from saying so.

In other words in the wisdom of the National Assembly and the President the confirmation of director of ACB is PAC business and only PAC should do that. Any attempt to arrogate that power to the National Assembly must have some statutory underpinning. So far I have found none.

In the words of Justice Kenyatta Nyirenda any public officer or institution that seeks to exercise power must do so under some law.

Now the Constitution allows parliament to regulate it’s practice and procedure. That is what we call adjectival or procedural law. Now procedural law cannot override substantive law. Indeed the power to confirm a public officer is not a matter of parliamentary procedure.

What has happened to Martha Chizuma is not a first. Other equally qualified persons such as Mrs Nangwale, Atuweni Juwayeyi, Agrina Mussa etc were rejected by PAC. Equally men like Prof Chimphamba were not confirmed by PAC. It is not the end of the world.

Again it is not fair and right to ask the President to resubmit Martha Chizuma name. Why not? The law dies not grant the President that right. Its what judges would call abuse of Parliamentary process.

Just like in court you are not allowed to have a second bite at the cherry so goes with confirmation process. Its one of those sad realities.

Examples abound from USA and Nigeria where there is also confirmation process by legislature of certain executive appointments.

As courts and scholars have emphasized the process is political and not justifiable. So what’s the way forward?
If the public is so minded to bring Martha Chizuma back the solution lies in amending the law.

The only caution is this: it’s bad practice to change the law to suit a particular individual or situation. Framers of the constitution had good reason for legislating for checks and balances.

They had good reason for opting for PAC and not the whole house.

Even the speaker erred big time to table a motion in the house when parliament had not been officially opened by the president.

PS. Wakusina nkhutu ndi mnasi. Kauzyanga ni fwiti yayi.

Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or Editor

The Maravi Post has over one billion views since its inception in December of 2009. Viewed in over 100 countries Follow US: Twitter @maravipost Facebook Page : maravipost Instagram: maravipost    
Maravi Post Author
Maravi Post Author
Today's Opinion · Op-Ed Columnists · Editorials · Op-Ed Contributors to the Maravi Post· The Maravi Post accepts opinion essays on any topic. Published pieces typically run from 400 to 1,200 words, but drafts of any length within the bounds of reason will be considered.


Comments are closed.

Most Popular

Recent Comments

The History of online Casinos – Agora Poker – hao029 on The History of online Casinos
Five factors that will determine #NigeriaDecides2023 - NEWSCABAL on Leadership Is Difficult Because Governance Is Very Stubborn, By Owei Lakemfa
Asal Usul Texas Holdem Poker – Agora Poker – hao029 on The Origins of Texas Holdem Poker
Malawi has asked Mike Tyson to be its cannabis ambassador - Techio on Malawi lawmaker Chomanika against Mike Tyson’s appointment as Cannabis Brand Ambassador over sex offence
Finley Mbella on Brand Chakwera leaks Part 1
Maria Eduarda Bernardo on The 2021 Guide to Trading Forex Online
Atsogo Kemso, Political Foot Soldier on Why MCP and UTM Alliance Will Fail
Em. Prof. Willem Van Cotthem - Ghent University, Belgium on Malawi army, National bank cover Chilumba barrack with trees
Christopher Murdock on Why dating older woman is dangerous?
Samantha The Hammer on Why dating older woman is dangerous?
Muhindo Isevahani on The Cold War Against TB Joshua
JCON/SCOAN/BKN(888/8885/8808) on The Cold War Against TB Joshua
Keen Observer on Jesse Kabwila, Then and Now
Francesco Sinibaldi on Advertising in 2020 and beyond
mohamed on