Mayaya accuses Judiciary, Executive for interfering with legislature

Outspoken Malawi human rights campaigner and social commentator Billy Mayaya on Monday accused the Executive and Judiciary for e overstepping their bounds as branches of government by interfering with the legislative arm – National Assembly.

Mayaya: Judiciary and Executive are overstepping their bounds

Mayaya: Judiciary and Executive are overstepping their bounds

Mayaya told a news conference at Crossroads Hotel in the capital Lilongwe on Monday that the legislature is being suffocated by Executive arrogance and aided by the Judiciary.

He was reacting to Malawi Supreme Court of Appeal 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.

Supreme Court judge Frank Kapanda granted the the injunction on Friday and was served on Speaker Rciahrd Msowoya and the acting Clerk of Parliament Roosevelt Gondwe stopping Parliament the Speaker from making his determination on the matter unless a judicial review is heard.

“Members of the civil society are not happy with the conduct of the Executive arm of government which is using judiciary to interfere with Parliament. Time has come and now is the time that the principle of separation of powers should be uphold,” said Mayaya.

Malawi Congress Party (MCP) Member of Parliament for Salima North West Dr Jessie Kabwila and Billy Mayaya, petitioned office of the Speaker, to kick out the UDF MPs who recently moved to government side.

But despite a Supreme Court order, Mayaya said it “doesn’t prohibit the Speaker from proceeding with the ruling.”

“It is therefore legally possible for the Speaker to still take action to invoke Section 65 as he will be acting within his jurisdiction as Speaker of the National Assembly , i.e using the legal concept of the separation of powers. both the Executive and Legislature are overstepping their bounds as branches of government and impeding the Speakers right to make a determination whether or not to invoke section 65,” said Mayaya.

UDF’s 11 MPs seated on the government side has increased DPP’s numerical strength in the 193-member National Assembly to 63.

If the Speaker invokes Section 65 on UDF, the MPs not affected by the move are the party’s leader in the House Lucius Banda – who did not relocate, party president Atupele Muluzi as well as Second Deputy Speaker of Parliament Clement Chiwaya.

 

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Mbuli
Guest
I thought the speaker by acting on the Muyaya petition from a member outside the august house to invoke section 65 made a decision amenable for judicial review or am I lost on the whole issue? How is it academic then learned men? I dont think the honourable court can embarass itself by granting leave for judicial review on unmerited case. Let’s just wait. Funny enough, who will act for speaker in this scenario? Is it not the same Attorney General whose advice to the speaker on the same issue, the speaker chose to ignore after acting on it by… Read more »
Moni
Guest
Koma mwafikapotu a Billy Mayaya podzimva kuzindikira kwambiri, mpaka kunyoza amabwalo amilandu chifukwa choti chigamulo chawo sichinakukomereni? Eeish, koma UDF mumaidadi kosakugonetsani tulo ndithu. Mwayiwala kuti ndi inu nomwe motsogozedwa ndi anzanu a Mwakasungura mumakagona ku parliament kuletsa masipikila malemu a Munyenyembe ndinso a Chimango kuti asayerekeze kuthamangitsa aphungu monga a Chimunthu Banda, a Joyce Banda, a Ken Lipenga, a P. Kaliati, a H. Musa, G. Chaponda, a Uladi Musa, a Yusufu Mwawa, a Yunusu Musa, a Kaphuka, a S. Maulidi, a Katsonga, a Manyzo, a J. Musa ndi ena ambiri omwe anatuluka UDF mkulowa DPP? Si inu nomwe ndi… Read more »
kantengo kakawisi
Guest

Galu wa munthu ameneyu akhaula, munali anthu muno ofunira anzao zoipa, Kodiso mayayayu analikuti nthawi ya Bingu, zipwisi zimenezi sankapwisa nthawi ijai Bingu ataisiya udf chipani chomwe chinamuika panpando , kodi iwe Mayaya unali kuti , kapena umasenza matumba ku juberg ndepano ufunuchenjerere pa yellow mmmmhh ukunama ase uyisova npaka uwonda nayo , ngati mufuna kutchuka ndesipa udf , mupanga manyaz ndiposo amene akukutumawo adziwika kale and ts recorded,watch out

KANDAWE
Guest

I SALUTE U JELBIN @# 18. JUDICIARY IN MALAWI IS THE ONLY ARM OF GVT THAT DOES NOT RESPECT CONSTUTIONAL POWERS OF LEGISLATURE (PARLIAMENT)

manganya
Guest

Koma amayaya China ndi China ndinu munthu onyasa andakuone tsetsani lero ndipo mwatha kwambili. Mukudwalatu inu ndioo vomelezani Mani.

Chief Critic
Guest

Mayaya wa mcp nkhope ngati mfiti. Where were u when Dpp mps ditched the party and joined PP?

mdk
Guest

Mr mayaya are you trying to to tell us that you never expected for this to happen?iwe umafuna azingotsatila izo ufuna iwe?it’s stupid of you to let your emotions lead you.anthu amasiya zipani zawo zenizeni not izi zosemazi mbuyomu unaonapo section 65 ikugwila ntchito?so what made you think it’s going to work pa zokakamizazi?we all know you support MCP.wait for your time bro izi zizingokuchedwetsani

POLICE BELL ndiyawulele
Guest
POLICE BELL ndiyawulele

Ngati jaji wake ndi Kapanda, basi nkhani palibe apa. Ameneyu sanganyoze UDF anamuyika pa ujaji ndi atcheya. Nkhani imeneyi yamwa madzi basi.

Chimulhakho cha
Guest

DPP, UDF and the judiciary ndiye mbutuma and you too who is saying that Mayaya ndi Mbutuma alongside your whole family are all fools and brutes.

Mugonapamuhanya
Guest
That is why some of us have and will remain convinced that Malawi does not have activists. When DPP MPs ditched their party to follow JB’s PP, Mayaya was there and he clapped hands. When the PP’s Lutepos, Mphwiyos, and Kasambaras stole billions of tax payers’ money Mayaya was there and he clapped hands. Today, he is mobilizing people to demonstrate against the MK92bn audit querry that is being followed up by independent bodies. Today he wants to mobilize us to demonstrate about UDF MPs whom he thinks have dumped their party to join DPP. The matter is simply semantic… Read more »

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