The office of the Speaker of Parliament on Tuesday refuted a Nyasa Times article published on 27 November, 2017 titled “Speaker, Minister of Justice rubbishes clergy’s call for electoral reform bills.” Acording the Soeaker’s office, the reporter did not conduct any interview with the Speaker, Richard Msowoya.
Below is the released press statement fro the Soeaker’s office:
Our attention has been drawn to the news item which appeared on the online news website of Nyasa Times dated 27/11/2017 under the caption, “Speaker, Minister of Justice rubbishes clergy’s call to pass electoral reform bill.” The article alleges that the Speaker has rubbished calls from the clergy for the august House to debate Electoral Reforms Bills because it is not practical to do so as the bills were yet to pass through a number of procedures.
The Office of the Speaker totally rejects this unsubstantiated news report as ‘false and fabricated’ which is intended to damage the reputation of the Speaker and also to incite public opinion against the Speaker and his Office.
The truth of the matter is that the Right Honourable Speaker has neither commented on this issue in the context suggested in the article nor been interviewed by the writer of the article on the Electoral Reform Bills.
The Office of the Speaker strongly condemns this unethical reporting and humbly request a complete retraction of the news article from the website and from any other publication that such an article has been sent to.
The Office of the Speaker further wishes to inform the general public and members of the media, in particular, that bills follow the following procedures:
i. Procedure for Bills in the Parliament of Malawi
The Parliament of Malawi handles largely two types of Bills namely Public Bills and Private Member’s Bills. The bulk of the bills which the Parliament Malawi handles are Public Bills presented on behalf of the Government of Malawi by Cabinet Ministers. Private Members Bills are presented by Members of Parliament in their capacities as backbenchers.
ii. Government Bills
Government Bills emanate from the Executive Branch of Government. The Executive branch has its own internal procedures which must be satisfied before the Bills are approved for presentation in the House. Parliament of Malawi only takes over after such an approval which is signalled by the delivery, to the CLERK OF PARLIAMENT, a soft copy of a particular Bill and sufficient copies of hard copies of a Bill that has been gazetted.
It is important to note that if a bill is not gazetted, Parliament cannot do anything about it regardless of how urgent and important a matter is.
Secondly, even when a Government Bill has been gazetted and is in the public domain, Parliament will only begin debating the Bills 28 days after the date of gazetting according to the Standing Order 125 (2), OR when there is a waiver of the 28 days notice requirement through a motion by Government side, which is provided for by Standing Orders 126.
Thirdly, it must be noted that in all cases, the Business Committee of Parliament which is mandated to examine business items of the House also plays a role in that this is where the Executive, through the Leader of the House, indicates how it intends to priorities any bills from government side. The Speaker and indeed any other Member cannot overrule such prioritization as provided for by Standing Order 47 (3) and buttressed by the requirement of Standing Order 47 (4).
iii. Private Member’s Bills
These emanate from private Members as provided for by Standing Order 122. Once a motion moved by a private Member has been adopted by the House it means the House has agreed and authorized that Member to draft and bring in a Bill based on that motion.
Parliament only comes in to assist a private Member in drafting of a Private Member’s Bill as provided for by Standing Order 122 (6). Thereafter, a private Member’s Bill follows the same procedures such as the 28 days notice and all the stages in the House before it is passed.
From the procedures explained above it would, therefore, be wrong to conclude that a bill cannot be debated by the House because of time constraints as there are provisions for a waiver if time is seen to be a factor against tabling of a Bill.
It is also very clear, from the procedures above, that neither the Speaker nor his Office can introduce a Bill in the House. A Government Bill is introduced by the Government and a Private Member’s Bill by the relevant Member.
In this regard, the Office of the Speaker wishes to encourage reporters and our esteemed editors to seek clarification especially on such important issues through our Public Relations Office.
Lastly, for our parliamentary democracy to remain effective and successful, a mature, responsible and well-informed electorate, who can make conscious choices, is essential. It is the media, which has the great responsibility in providing relevant and accurate information to the citizens so that they are suitably equipped with correct information to enable them make informed decisions while exercising their rights.
Dated this Tuesday, 28thNovember, 2017.
Leonard Mengezi
For: CLERK OF PARLIAMENT
