Malawi President Arthur Peter Mutharika has snubbed the call by some opposition Members of Parliament (MPs) to appear before the house to answer questions.
Last week some opposition members through the Office of the Speaker Richard Msowoya, namely Malawi Congress Party (MCP) President and leader of opposition Dr. Lazarus Chakwera and Rumphi East MP Kamlepo Kalua penned Mutharika to appear before Parliament.
Mutharika was expected to appear before Parliament this coming Wednesday. Msowoya announced to the house on Monday afternoon that he has received a communiqué from the Office of the President (OPC) that Mutharika personally will not be available to answers some questions directed on him.
“Instead the President has directed that the questions will be answered by some of the Ministers on his behalf on Wednesday and Friday,” he said.
Mutharika could have been the second head of state to answer questions from members of parliament after former president Dr Bakili Muluzi.
The law allows the President to personally go to the August house to answer questions as well as delegating His or her ministers where possible.
Tembenu defends legality
Meantime, Government has described as untrue media reports that President Professor Arthur Peter Mutharika’s decision to snub parliamentary summon is a flout of the Constitution.
Last week some opposition Members of Parliament namely Malawi congress party president and leader of opposition Lazarus Chakwera, Rumphi East MP Kamlepo Kalua and Harry Mkandawire wrote the President through the office of the Speaker Richard Msowoya, asking the President to appear before parliament to answer some of the questions as per constitutional requirements.
But on Monday speaker Msowoya informed the house that Mutharika will not personally be available for the house instead he has delegated line of Ministers to answer some of the questions on his behalf.
Following the announcement there have been comments by other media houses in the country namely the two local daily papers of Daily Times and the Nation Newspapers dated 15, 2016 under the titles… “Mutharika dodges MPs’ questions” …; and, “Mutharika refuses to answer MPs’ questions….”, respectively.
The papers allege that President Mutharika flouted the Constitution by not going to face the parliamentarians.
Bu in response, Minister of Justice and Constitutional Affairs Samuel Tembenu said Mutharika has not flouted any law by delegating his Ministers to answer questions on his behalf.
In a statement made available to the media, Tembenu said the Constitution is clear that there are certain specific powers and functions which can only be exercised by the President alone; it does not restrict the President from delegating some of those functions if he chooses to do so.
“The President was, therefore, perfectly entitled to delegate to the said Ministers, and in doing so, he was acting within the law. Indeed, it is inconceivable to expect that the President would be able to deal with each and every issue or question personally. Hence, delegation is a necessary part of his Constitutional functions because it affords him the opportunity to deal with other equally important matters of State.
“With respect to the Parliamentary questions, the Business Committee fully appreciated that the President could delegate his functions. Standing Orders 70 and 201 of the National Assembly regulate the manner in which questions to the President are handled. Except for questions under Section 89(3) (c) of the Constitution, Standing Order 201 leaves open the possibility for the President to delegate,” said Tembenu.
Added Tembenu: “Government is, therefore, appealing to all those who comment on matters of public interest to do so in a manner that is fair and accurate. Quoting one provision of the Constitution in isolation from the other similar provisions has the potential to mislead the masses”.
“Fairness demands that those who have the podium to comment on public issues must do so in a manner which is balanced. To interpret the Speaker’s announcement that the President had delegated the Ministers to answer his questions as a refusal by the President is grossly misleading.”
