Kalemba ‘legit’ Clerk of Parliament- Malawi court dismiss MPs challenge

The High Court in Mzuzu registry, Dingiswayo Madisehas ruled that Fiona Kalemba can be sworn in as Clerk of Parliament (CoP) dismissing four members of parliament who sought a court injunction to block her from taking oath of office, challenging President Peter wa Mutharika’s decision to appoint her.

Fiona Kalemba: New Clerk of Parliament free to take oath

Fiona Kalemba: New Clerk of Parliament free to take oath

The Four MPs, Harry Mkandawire (Mzimba West, People’s Party- PP), Kamlepo Kalua (Rumphi East PP), Peter Chakwantha (Lilongwe South West, Malawi Congress Party- MCP) and Enoch Chihana (Rumphi Central, Alliance for Democracy- Aford) obtained an injunction on November 19 2015 after it was learnt that she emerged third during the interviews for CoP conducted by Parliamentary Service Commission (PSC) in October 2015.

High Court judge Charles Mkandawire allegedly came first and was trailed by Malawi Human Rights Commission (MHRC) executive secretary Grace Malera.

President Mutharika appointed Kalemba as clerk of parliament, saying she is professional and has vast experience in bill drafting, one of the prerequisite qualifications.

The Republican Constitution provides that the Parliamentary Service Commission, headed by Speaker of the National Assembly, should provide three names of possible candidates to the head of state upon which the president shall appoint one person.

In his determination on Tuesday, Justice Madise said there was material error of law in the appointment of Kalemba as CoP and therefore she can proceed to take oath of office and allegiance as per section 52 Republican Constitution.

In his ruling, judge Madise, stated that the Head of State had power to pick someone from a list of three or not to pick anyone at all as same applies with the appointment of court Judges .

“It is a process of creating checks and balances on the other branches of government by the Executive branch. This segregation of powers is necessary in an open and democratic society,” said Madise in his judgment.

“All branches of government must operate within their mandate and it is the duty of the judicature to ensure that this complied with at all times. Parliament is amenable to be checked by the Executive and the Judicature. In these premises I see no error of law in the appointment of Mrs. Fiona Kalemba,” he ruled.

Attorney General Kalekeni Kaphale represented government on the matter assisted by Apoche Itimu and welcomed the ruling, saying “it reflects the true position of the matter.”

Meanwhile, presidential advisor on civil society groups and NGOs, Mabvuto Bamusi insists the Mutharika looked at professional merit and experience.

More so, he said, the President wants to promote women into decision making positions of the society.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

Sort by:   newest | oldest | most voted
Zovuzedi
Guest
Zovuzedi
8 months 13 days ago
To me, I applaud Tembenu and APM for being so cool all this time. They did’t want to use power and bulldoze their choice onto parliament. APM is a professor at law, little do many peole appreciate. Those guys who rushed to court had to seek advise from the leader of opposition first. He would have told them the story of one Modecai and Hamas in the Bible. When you are driven by envy and jealous, you are bound to nose-dive like this. I am not celebrating either because doing so would mean killing the victims twice. Mine are just… Read more »
ine chimwemwe
Guest
ine chimwemwe
8 months 13 days ago

yailembe Mlungu yangafute jwine.(when Jesus say yes no body can say no).mapazi amaziru a mcp ndi pp atakanika kupondereza Mulungu wakukondera. Stupid opposition led by atrickster.

Leonel Massia
Guest
Leonel Massia
8 months 14 days ago

Guys the law is very very very very clear that even a carpenter and brick layer are able to interpret it in the court of law. Inu a parliament submit 3 names to the President and he choses 1 the you refuse and stopping him from choosing what you submitted. Then what did you want him to do???????????. If you knew that you didnt want the female candicate for whatever reason you should have taken her name straight away before submitting to HE for appointment. LET TO GROW UP

nachisale
Guest
nachisale
8 months 14 days ago

Bravo, another woman in high office! Thank Mr president and judge Madise! Shame on misogynists and bigots who didn’t want a woman to take this position. Kamlepo should learnt much of his noise and energy is rubbish and mere drivel.

Samuel
Guest
Samuel
8 months 14 days ago
“Anthu anga akuonongeka chifukwa chosadziwa” Hoseya 4:6. Anthu onse amasankhidwa ndi apulesident aja mmaudindo osiyanasiyana m’boma kaya makomishonala, madairekita kaya ndi udindo wanji kuyambira nthawi ya Kamuzu mpaka pano amasankhidwa kuchokera pa lisiti ya maina atatu pa udindowo. Bungwe lokhudzidwalo limapeleka maina atatu. bungwe labomalo limapangisa mpikisano anthu ofuna udindowo kudzera munjira ija ya interview or job appraisal. Ngati ofuna udindowo alipo oposa atatu cholinga choti apezeke anamandwa atatu. Akapezeka atatuwa maina amaperekedwa kwa pulezidenti kuti asankhe amene pulezidentiyo amukondweretsa ngati palibe mumayamba kusakasaka enanso atatu. Ndichifukwa chake kalata yomusankhulayo amailemba kuti “it has pleased his excellence to appoint…………..cha akomera… Read more »
Mwiza
Guest
Mwiza
8 months 14 days ago

Congratulations Madam Fiona Kalemba. You deserve the Post. Well done Madise, good interpretation of the law

VYOTO
Guest
VYOTO
8 months 14 days ago

THESE MUTHAIKAS ARE KNOWN FOR ABUSE OF ANY POWERS AT THEIR DISPOSAL .WHAT WOULD YOU EXPECT TO GIVE A MUTHALIKA THREE PEOPLE TO CHOOSE FROM AMONGST THEM THOSE WITHIN THE LOMWE NETWORK??????????? MEMORIES ARE STILL FRESH THAT ONE BINGU MUTHALIKA GAVE HER WIFE (CALISTA) A WHOOPING 1MILION SALARY PER MONTH IN 2011 FOR JUST DOING CHARITY WORK!!!!!!!

Suzen
Guest
Suzen
8 months 14 days ago

Peter Chakhwatha ndi anzako ng’oooooooo mwagenda katauluka kufuna kuoneka ochenjera iiiiiiiii

vendor
Guest
vendor
8 months 14 days ago

Bodza if the issue was to appoint a woman then there was no poin5 in interviewing the men. Palowa chibale APA mxiii

Ambuye
Guest
Ambuye
8 months 14 days ago

There is no problem with that. The parliamentary committee work was:
1. To interview the people
2. To recommend to the president
3. The president has the powers invested by the Republican constitution
4. Then the president has the final say.
Anthu osaphunzira anu you mean you can’t think and read. Atumbuka inu mwagwayo

wpDiscuz