Tuesday, February 7, 2023
HomeMalawiMalawi AG Kaphale censures Legal Affairs Committee for usurping parliament’s powers

Malawi AG Kaphale censures Legal Affairs Committee for usurping parliament’s powers

Kalekeni Kaphale: Malawi Attorney General

BLANTYRE-(MaraviPost)—Attorney General (AG) Kalekeni Kaphale has taken a swipe at the Legal Affairs Committee of parliament for acting as a parliament on its own in the setting of the date for the fresh presidential poll.

In a letter addressed to the committee’s chairperson Kezzie Msukwa, Kaphale says the committee has misdirected itself and commtted a grave error of law by believing that is can resolve to set a date for the fresh Presidential Election and dictate the same to the Malawi Electoral Commission (MEC).

He said: “To begin with, your committee, Sir, is not parliament at all. It is simply a committee of parliament. On page 124 of the judgment of the Supreme Court of Appeal, the court said and I quote: “It is important that parliament of fresh election.”

“The above order was not made in a vacuum. It was informed by a rearity of section 80(1) of the constitution which states that: “the president shall be elected in accordance with the provisions of the Contitution in such manner as may be prescribed by an Act of Parliament, and save where this constitution provides otherwise, the ballot in presidential election shall take place concurrently with the general election for members of the National Assembly as prescribed by section 67(1),” he added.

Kaphale has further advised the Committee to stop behaving as parliament, arguing doing so contracts with the Constitution, which is the superior law of the land.

“Please note that your Committee, Sir, cannot have recourse to section 48 of the parliamentary and presidential election Act to believe that the Commission can set a date for fresh presidential election.

“That thinking has three problems. Firstly, it contravenes the clear wording of section 80 of the Constitution, which is superior law; secondly, it conflicts with the very decision of the Supreme Court that ordered Parliament to set the date for the fresh presidential election; thirdly, it contradict what you have just done; set the date and dictate it to the Commission,” he said.

Meanwhile, the Legal Affairs Committee of parliament has written the Malawi Electoral Commission (MEC) to have the electoral body gazette 23 June, 2020 as the date on which the fresh presidential poll shall be held.

Worldwide, Committees are an important vehicle through which Parliament more effectively carries out its legislative, representation and oversight functions.

Their reports are tabled and debated in the respective Houses. Parliament plays an oversight role mainly through its Portfolio and Thematic Committees

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    
Maneno Chimulala
Maneno Chimulalahttps://www.maravipost.com
I am a journalist, educator, and activist with passion for telling stories about social justice, sports and political issues. I graduated from Mzuzu University. I started my career at the Maravi Post online publication in 2012 as an intern while in college. Upon graduating from Mzuzu University I was offered a job as Sports Reporter because of my background as a goalkeeper and rose to the position of sub editor. I also had a short stint with Nyasatimes, Malawi Punch and Malawi Digest. Over the past seven years, I have worked intimately with rural organizations and communities in Malawi on human rights, girl child education and grassroots development projects. With an academic background in education, I also volunteer as male champion for girls’ education under Girls Empowerment Networks (GENET) in Malawi’s South West Education Division (SWED).

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
Light on