LILONGWE — (MaraviPost) — Retired Judge Justice Dunstain Mwaungulu has warned that a growing dispute over the National Assembly’s authority to establish ad hoc committees could escalate into a serious constitutional confrontation between Parliament and the Presidency.
Local media reports said Mwaungulu, a legal and political commentator, has criticised the government’s latest position challenging the Speaker and National Assembly’s authority to establish such committees, describing the interpretation of the constitutional provisions as confusing.
Mwaungulu said the government appeared to recognise Parliament’s constitutional oversight role while simultaneously questioning whether the National Assembly has the authority to create committees to exercise that mandate.
At the centre of the dispute is Section 56(6) of the Constitution and, in particular, the interpretation of the word “Parliament”.
According to Mwaungulu, the provision should be understood in the context of the National Assembly’s constitutional functions. He argues that the authority in question rests with the National Assembly rather than an interpretation that treats Parliament as encompassing the President and Senate.
The retired judge has also questioned the decision by the Chief Secretary to issue a statement on the matter without, in his view, first taking into account Parliament’s official position concerning standing and ad hoc committees.
Mwaungulu said constitutional powers vested in one arm of government should not be used to weaken or challenge the authority constitutionally assigned to another.
He warned that continued disagreement between the Executive and Legislature over the interpretation and exercise of their respective powers could deepen institutional tensions and create a potentially dangerous constitutional dispute.
The former judge also questioned the appropriateness of the Secretary to the President making what he described as a unilateral intervention on an issue involving the constitutional powers of another branch of government.
Mwaungulu warned that if the disagreement is not resolved through constitutional and legal channels, the dispute could deteriorate into what he described as “a war between the two branches of government.”
The dispute has placed renewed focus on the separation of powers in Malawi and the constitutional boundaries between the Executive and Legislature, particularly regarding Parliament’s oversight functions.
The competing interpretations are likely to remain a subject of legal and political debate as authorities seek clarity on the extent of the National Assembly’s powers to establish committees.
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