LILONGWE-(MaraviPost)-The Malawi National Assembly Speaker Richard Msowoya has been given seven days to resign for flouting public constitution Section 65(1) after joining the vice president Saulos Chilima’s United Transformation Movement (UTM).
Msowoya is deemed to have contravened the law after dumping the main opposition Malawi Congress Party (MCP) which ushered him into the August House.
Addressing the news conference on Tuesday in the capital Lilongwe, Forum for National Development (FND) says the Speaker was supposed to be exemplary on biding the land’s laws.
FND National Coordinator Fryson Chodzi observed that Msowaya’s conduct was tantamount legal sue that he can not execute his duties fairly when all in all was in conflict with the law.
Below is FND full statement demanding the Speaker to resign;
CALL FOR THE RESIGNATION OF THE SPEAKER OF MALAWI NATIONAL ASSEMBLY AND END TO HATE SPEECH
Forum for National Development (FND) and well-meaning Malawians would like to call upon the resignation of Rt. Hon. Richard Msowoya MP, as the Speaker of the Malawi National Assembly within the next 7 days for flouting the Malawi’s public constitution Section 65(1) which provides as follows;
“The Speaker shall declare vacant the seat of any member of the National Assembly who was, at the time of his 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 or has joined another political party represented in the National Assembly, or has joined any other political party, or association or organization whose objectives or activities are political in nature”
The incumbent Speaker by voluntarily resigning from the Malawi Congress Party (MCP) and willfully joining the United Transformation Movement (UTM), has crossed the floor against the above said section of the Republican Constitution. What is challenging is that the section above gives power to the Speaker of the National Assembly to declare any seat of Member of Parliament contravening the captioned section vacant. In this scenario, Hon Msowoya has put his office into disrepute and in a quandary to make such a determination which affects his position as well.
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The Speaker has lost legal authority to lead the law making body by flouting this very
same Constitutional provision. We cannot have a law making body be led by a person
who openly flouts and violates the constitution. Further, the actions of the Speaker has
put the Malawi Constitution in crisis. Our calls for resignation as a Speaker are being
made so that Parliament can appoint another person who can preside and make
determination on Section 65 (1) of the Malawi Constitution.
May the Speaker be reminded of the following legal terms, “Nemo judex en causa
sua” simply put “No man can be a judge in his own cause”
If the Speaker does not heed our calls for resignation, he leaves us with no choice but to
commence citizen and appropriate actions to uphold the constitution. May we also take
this opportunity to call upon all political parties represented in Parliament to help in
restoring Constitutional older by among other things petitioning the Deputy Speaker of
Parliament to revoke Section 65 (1) on any MP who has Crossed the floor. This is a
Constitutional obligation and duty you have to demonstrate that you are willing to
uphold the laws of the land regardless of any circumstances.
End Hate Speech
FND further observes that as we are going towards elections and recent events, the
country politics is degenerating into hate speech, foul language and personalities. We
note that this is a recipe for violence and can even lead to disastrous outcome and we all
have a duty to ensure that this stops.
Hate speech and non-issue based political pronouncements can easily lead Malawi into
a path of anarchy and conflict. It is our strong belief that each and every responsible
politician has a duty to ensure that peace in Malawi prevails. Political differences should
not make us enemies of each other as we still remain Malawians.
We have also noted that leaders of political groupings usually don’t use hate speech or
foul language, but allows their subordinates to use foul language, hate speech, personal
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attacks on other politicians without due regard of the respect that Malawi is known for.
In this case, the leaders though not vile themselves, they are complicit of the same foul
and hate speech. It is imperative that the leaders must put in check their subordinates
and others within the political structure to focus on issue based campaign than what is
FND is calling upon the Malawi Electoral Commission (MEC) and other electoral
stakeholders to engage all political players in the country to put in check this issue
before it escalates.
There was no immediate reaction from the Speakers’s office on the FND resignation calls.