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

30 thoughts on “Kalemba ‘legit’ Clerk of Parliament- Malawi court dismiss MPs challenge”

  1. Zovuzedi says:

    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 condolences!

  2. ine chimwemwe says:

    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.

  3. Leonel Massia says:

    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

  4. nachisale says:

    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.

  5. Samuel says:

    “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 apulezidenti kusankha a……..Ndimwayi wa Fiona uwu mulekereni. Wanu ndiuja anthu adakusankhani uphungu uja. Pangani zanu basi.

  6. Mwiza says:

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

  7. VYOTO says:

    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!!!!!!!

  8. Suzen says:

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

  9. vendor says:

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

  10. Ambuye says:

    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

  11. Gwenye says:

    I see no problem, PSC recommended a number of individuals and Judge Nkandawire was a top scorer. It was not automatic that he will be picked. Jack up Malawians do not expose your limited intellectual understanding and dullness anyhow?.. I dont think some of you passed Standard 8 exams as you are failing to understand the ruling.

  12. Sapitwa says:

    Ngakhale ife osawerenga Law fe we knew that these MPs are opportunists. Really wasting time challenging the President on matters of facts than matters of the law? Lero ndi izi HaHaHaHaHa!!!! The President is the last one with a loud laugh!

  13. tchama says:

    Tamusiyani Mzimai agwire ntchito moyenerera, Bwanji majerasi?????

  14. chembiye says:

    this is the reason why atumbuka ndi zitsilu dzotheratu.

  15. Advisory Committee says:

    Our Advisory Committee after considering the case outcome says the judgement is useless, very wrong, thoughtless, biased, clueless and senseless. Further it promotes discrimination against certain people and encourages women to be lazy as they will be thinking that taking up major jobs in government in simple ways is though affirmative action and pity rather than merit . In any sense how do you leave out the best candidates in an interview and take someone with lesser grading marks mitu yathu ikuyenda?Our Committee advises the MPs not to lose heart but to appeal to the Supreme Court. This is a straight forward and winnable case for the MPs. We repeat the Madise judgement is very wrong and it took irrelevant factors into consideration and above all it promotes discrimination and laziness in women. I cry for Mkandawire for losing a job for which he successfully competed and won sad amuphumisa ntchito yopezapeza

  16. Ineyo says:

    Atumbuka Mwikho Kkkkk

  17. iyawm says:

    walira chakwao Kamplepo “wamisala kalua, ndi anzake awa, Harry “mad man” Mkandawire and Chakufwa “clueless” Chihana, ana opusa anjoka

  18. H Kamdidi says:

    Then what was the interviews done if the president has powers to overrule the decision of the PSC?

  19. Mapwevupwevu says:

    From now onwards I will start respecting Judge Dingiswayo Madise, he has proven that he is above tribal toeing.

    To judge Madise, I withdraw all the bad mouthing I made about you that Rough Kasambara was judge shopping you.

    Good luck Fiona.

  20. waka says:

    Beautiful. Congratulations Fiona. Go spread your wings and fly to greater heights. Show them you are a super woman. Work to the best of your capabilities for the sake of mother Malawi an remember to thank God in everything

  21. The Analyst says:

    O………………………………………………………………………………………………………………………………………………………………………………………………………………..O
    You MPs are strange pack of joker cards . . .
    . . . The law gives APM the right to choose a name from the list submitted. Whoever he pleases. For whatever reason. Regardless of who comes first or last. Now instead of changing that useless law, you are busy fighting a useless battle. Mhhh . . .
    . . . If you wanted to be seen as champions of democracy hence transparency and accountability and fairness, what did you do when the misguided APM and Tembenu just suspended or upheld the suspension of the anti-gay laws?, bypassing Parliament in the process?
    . . . Would you hold us envious to conclude that you were just driven by selfish interests and ulterior motives in the Kalemba’s case?
    ………………………………………………………………………………………………………………………………………………………………………………………………………………….
    Would you be more useful blocking Kalemba’s assertion hence serving the interest of whoever you want OR taking an injunction against APM and Tembenu strange and regrettable demeanour?

    Trust me. the latter is. Otherwise, the former has not only rendered you less useful but also useless.

    . . . Look, you thought that by going to Mzuzu court, you would be speaking the same language with the judge, not knowing that the only language spoken in court is “mutatis mutandis”, “nolo contendere” and other abracadabra. Shame!
    . . . More often than not, fighting battles that are trivial and driven by selfish motives, only ends up exposing how too few the cells of our brain are. And its not something that any human being in full command of his mind, no matter how small the brain is; should be proud of.
    O……………………………………………………………………………………………………………………………………………………………………………………………………………….O

  22. Phiri says:

    That’s what we call executive decision of the president and no lisani pambali can challenge that mind APM was a constitution professor.

  23. Akatswiri says:

    A welcome move.

  24. Misozi says:

    That was expected. Up to now l still want to understand why the MP went to Court.

  25. Malawian!!! says:

    Hmm mmmmmmh mmmmmmh mmmmmmh! !!! Shame on someone!

  26. Mjomba Yusuf says:

    No comment !!!

    Government of appointments but no developments !!

  27. Hehehede says:

    Congratulations to our President. He knew what he was doing so Fiona work hard dzichte manyazi a bambo opondeleza aMai

  28. Chekambewa says:

    mwene afura nanga mwainona madise kuzawerenga ndi chita interpret waona kuti ambwenumbwe ndi kamtundu koipa koyenera kukazinga kuti mbewuyo ithe. kodi nsanje imeneyi izatha liti? baba upresidenti ndi mtunda wina uja. KKKKKKKKKK

  29. Concerned Citizen says:

    Hahahahahaha tsopano afinyidwe amene amakaniza kuti asalumbiritsidwe aja

  30. jj says:

    Nepotic tumbuka’s with support from nepotic MCP leadership???? Wt nxt?

Comments are closed.