By Jones Gadama
The Government Press Statement dated 10th September, 2026 has laid bare a fundamental constitutional breach that cannot be ignored.
According to the statement signed by Chief Secretary Justin Adack K. Saidi, PhD, the Speaker of the National Assembly, Sameer Suleman, purportedly established ad hoc joint Parliamentary Committees unilaterally.
Government has clarified that under section 56(6) of the Constitution of the Republic of Malawi, the power to establish Parliamentary Committees is vested in Parliament, not in the Speaker alone. Further, section 49(1) defines Parliament as consisting of the National Assembly and the President as Head of State.
The Chief Secretary therefore concludes that “the Speaker alone or the National Assembly cannot unilaterally constitute ad hoc Parliamentary Committee.”
This is not a minor procedural error. It goes to the heart of constitutionalism and the separation of powers. The Speaker occupies the third highest office in the land.
That office demands a person with deep knowledge of the Constitution, Parliamentary Standing Orders, and the limits of his own authority.
By acting unilaterally, the Speaker misled the public into believing that his action was constitutional. The Government statement now invalidates that position.
A decision made outside the constitutional framework is not a Parliamentary decision. It is an individual decision, and it has no legal standing.
Leadership is about respecting the law you are meant to protect. When the custodian of Parliamentary procedure breaks that procedure, public trust collapses.
Malawi’s democracy depends on each arm of government operating within its mandate. The Executive, Legislature and Judiciary must all be independent, but also bound by the Constitution.
The DPP led government under President Peter Mutharika respects the independence of every arm of government.
That respect, however, does not mean silence in the face of a clear breach. Respect for institutions means holding office bearers accountable when they violate the very rules they swore to uphold.
Given these facts, Members of Parliament have a constitutional duty to act.
The National Assembly must move with speed to table a motion for the impeachment of Speaker Sameer Suleman for breach of the Constitution.
This is not about politics. It is about protecting the integrity of Parliament and the rule of law.
Malawi cannot afford a Speaker who does not understand, or chooses to ignore, the basic architecture of Parliament.
The position requires someone with demonstrated knowledge of Standing Orders and constitutional limits — someone who will guide 193 MPs and the nation within the law, not outside it.
The Speaker’s office is bigger than one individual.
To preserve the dignity of Parliament and to reassure Malawians that no one is above the Constitution, Parliament must act now. Impeachment proceedings will send a clear message: unilateralism has no place in Malawi’s democracy.
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