Court sparks ‘constitutional crisis’, claims Malawi MP

The Malawi Supreme Court of Appeal has sparked a “constitutional crisis” by their decision to grant 11 United Democratic Front (UDF) members of Parliament (MPs) an injunction pending judicial review in a case where they sought redress on Speaker Richard Msowoya’s impending decision on their status based on Section 65 of the Constitution.

Mhone: Emerging constitution crisis

Mhone: Emerging constitution crisis

Member of Parliament for Nkhata Bay Central (People’s Party -PP), Ralph Mhone made the comment in parliament after Speaker informed the House that Supreme Court judge Frank Kapanda has stopped Msowoya from invoking Standing Order 207(4) “by demanding the applicants [UDF MPs] to within seven days, respond to a petition on Section 65 of the Constitution presented by [activist] Billy Mayaya.”

Earlier, High Court judge Healey Potani rebuffed the UDF MPs on the basis that their application was premature as the Speaker had not yet made a decision.

“We believe in separation of powers. That is what the founders of our Constitution put down in it. In that separation of powers, Right Honourable Speaker, we ought to be very terrified if at one point or another, the Judiciary appears not to be doing what it is supposed to do under the Constitution,” Mhone said.

Mhone, a lawyer by profession, said a constitutional crisis is sparked “when the Judiciary appears to be asking other branches of the government not to carry out their functions .”

He added: “ One branch of government is interfering in the way the other branch of government is supposed to function. That is a constitutional crisis, Mr Speaker, Sir.”

Commenting on the same matter, man of the moment in the current sitting of parliament Kamlepo Kalua a PP member of parliament for Rumphi East, put the blame firmly at the door of the judges.

He said “ It is a sad moment for this country that the Supreme Court of Appeal is, once again, interfering with the House of lawmakers. I am talking about the National Assembly.

“This House does not interfere with their work. Neither are we involved in their judgements. Why should they be involved in the activities of the National Assembly? It is irregular and very sad for democracy. We should not tolerate this. This House must be independent. .”

The Speaker said his communication is not subject for debate.

But the highly respected backbencher said he was making a point of order.

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zaluma
Guest

Can you compare Kamlepo the patriotic Malawi to a muchona APM who is a coward. Kamlepo is a genius. He is principled and the only person all Malawians should emulate. I am not from the north but northerners have made a significant contribution to the nation politically and economically. We from central (inu agule) and ifeyo southerners let us appreciate these guys. There is appoint in whatever they are uttering.

The captain
Guest

Kkkk mwati kapanda sanatafune?

Changoima Boy
Guest

Judiciary is doing its work,INTERPRETING the constitution.Inu a lawyer Mhone zoona simukudziwa kuti everyone has the right to be heard and that an injuction is just a tempolary relief waiting for full interpretation?

Du wa Du
Guest

We have

We have Ghambi and Kamwambi from north in DPP colour and can’t utter a word in Parliament. Bravo Kamlepo protect a true son of Karonga.

Foxyandy
Guest

Section 65 is poising a problem through all the parties that have been inthe government and at the same time favoured all the governments at one time or another.Is Section 65 good or bad? Why not review it or otherwise ……?

kabotolokamo
Guest
Malawi will never change , Atumbuka this , Atumbuka that , ! it makes me wonder what kind of people we are becoming . We divide ourselves and expect to make any progress !?? Learn from animals like ants and bees , they never call each other names , they are just a colony and they make such a mazing progress !
Mbanangwa
Guest

Most comments on this page are being mad by lay men. Let the lawyers give the real direction. If a lawyer sees that there is a ‘constitutional crisis’, it just means that. Take the word of Ralph.

ochewa
Guest

Let us advise and keep enlightening them. We are all one adati atumbuka or alomwe. Let us unite guys. Iwe mlomwe listen to good advice by the northerners.

Tengupenya
Guest

democracy is failed. suspend the entire constitution ….

Simeon Nyapala
Guest

I am not a Tumbuka but to be objective the arguments of these Mps are very well understood. How can the judiciary act in that way? How can the whole govt decide to dine when civil servants havent been paid? We have a hospital in Mwanza where both sexes are admitted in the same room and the minister just acknowledges the problem without

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