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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43 thoughts on “Mayaya accuses Judiciary, Executive for interfering with legislature”

  1. Mbuli says:

    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 giving UDF MPs a go ahead to relocate?
    One wonders on whose advice the speaker is acting. His impartiality indeed becomes questionable.

  2. Moni says:

    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 a china Kasambara omwe munampangitsa Bingu kupempha khoti kuti lichotse lamulo la section 65 m’malamulo adziko lathu? Nanga pachipanda upangiri wa akhoti kusungabe lamuloli, ndiye bwenzi pano mukusokosa ziti? Ndiphungu uti wa UDF yemwe wasiya UDF mkulowa chipani china monga achina Joyce Banda anachitira? Umthira kuwiri wanuwu, ndiomwe ukupangitsa a Malawi ambiri kusakulemekezani. Kweni-kweni UDF inakulakwirani chiyani? Tabwerani poyera munene bvuto lanu leni-leni ndi chipani cha UDF. Ngati muli ndi nkhani pakusintha malo kwa chipani cha UDF ku parliament, kawafunsenii a sipikala, chifukwa ndi amene anachiloleza chipanichi kuti chitero. Ngati pali kuphwanya malamulo monga inu mukuganizira, ndiye kuti ndi a Sipikala anapangitsa kuti a UDF aphwanye malamulowo, chifukwa a UDF sanasinthe malo mwa iwo okha ayi, koma anauzidwa ndi a sipikala kokhala.

  3. 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

  4. KANDAWE says:

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

  5. manganya says:

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

  6. Chief Critic says:

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

  7. mdk says:

    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

  8. POLICE BELL ndiyawulele says:

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

  9. 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.

  10. Mugonapamuhanya says:

    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 as it is subject to courts’ interpretation. These are not activists, these are unemployed morons who are desperate to be clever. Because of stupid attitude like this Malawians will always shun them. PP idiots.

  11. Ngongoliwa says:

    TIYENI NAZO A SPEAKER MUKUCHEDWA BWANJI. NDALE ZOOPHYEZANA ZINAPITA KALEKALE MOREOVER THOSE IN OPPOSITION ARE MORE THAN THOSE SUPPORTING DPP. UDF YASEMPHA NSEU KU PARLIAMENT, M’BOMA SALOWERA PAWINDOW, IWOWA NDI OTSUTSA BASI!!!!!!!!!!!!!!!!!!!!

  12. wamwaka says:

    NO.1 Billy Mayaya is a good citzen of Malawi. Iwe umamuona ngati ndani. Zautsiru basi

  13. yako ija says:

    Muyaya ndi mbutuma!!!!!!!!

  14. zaluma says:

    Billy Mayaya, according to Jessie Kabwila, is a confused and mislead Malawian, who claims to know everything even those he does not have authority. The ahinyahinya say kamukenene kambwentha na mphepo wuwo. Sorry for correction Tumbuka, it is not my language but a friend told me that it is almost similar to Queen’s language proverb “empty drums make a lot of noise.” Ask him why withdrew his PhD at Mzuni. Umbuli basi. Time to listen to mbuli is over. Judiciary is doing its job as the speaker also is entitled to evoke section 65 but it should be in line with the laws of Malawi. Mayaya khala pansi. Bt Synod was right to kick you out of the job because you are useless dog and pig.

  15. Gulugufe says:

    Mr Mayaya, is the funding of your unlicenced NGO tied to the ouster of the UDF MPs from parliament?

  16. Mucracker_2 says:

    Mayaya started it and Kabwila supported it. The agrieved UDF has gone to court and Mayaya is complaining? So Mayaya thinks he is the prosecutor and adjudicator and he is the Law himself. Anything against his opinion is wrong. This small person, what does he think he is?

  17. Nyau Isthobwa says:

    Lets fight we are tired with thieves from south Gays lets meet at Gologat in area 23 to those who will participart each day will be GETTING KM3000.00

  18. phodox says:

    my friend Mayaya are still smoking? You were my classmate at secondary school and you were smoking too much, we used to call you chain smoker right towards the end of form one. How can you be Human right defender, accusing both executive and judiciary. akulu anzanga, becareful you will run mud because of this khanundu. how can you do the job of politicians by petitioning against the udf mps in the august house. I think you better join politics as what Jessie Kabwila did. She thought that life is simple in august house so that her presence will be felt in Malawi.Unfortunately her credentials are useless in august house. She is paid the same salary and allowances received by mare MSCE Certificate holder who is also an MP. She has no plan B for earning extra dinyero. No research funds, no project funds as she used at CHANCO. exchanging of bitter language is the older of the day for Jessie. She doesn’t ask anything on University education or any problem for UNIMA like salary rise, academic freedom university education standards or general problems faced by UNIMA and its employees both CTS and Lecturers.All what she fights for is for herself or her political party and its president. So Mayaya life is not easy in politics. Just come and join politics.We used to have problems with Jessie at CHANCO to the extent looking for solidarity beyond the boarder of Malawi up to German. Belive me not, Jessie can not walk on the corridor of Berlin getting support in terms of solidarity as long as she remains a politician.
    Therefore we dont want mmboshombosho with you, uli bii ndi utsi wa barani ya fodya.

  19. KODI NKHANI IKAKOMELE BOMA ZALAKWIKA A MAYAYA?NANGA INAKATI YAKOMELA ENAWO MUNAKATI THERE IS THAT INFER…….SHAME ON YOU START POLITICS

  20. Achimidzimidzi says:

    What is the purpose of a news conference about a legally correct injuction?

  21. Now it shows how dull is Mr Mayaya, since things haven’t gone as he expected then there is overstepping????? Whose rights is he fighting after all? Who asked Mayaya to right the wrongs????? Who gave him the mandate????? If he wants to join politics why can’t he just do so instead of fooling people??????

  22. James Kaphulira says:

    Sad, Sad, sob, sob. The circus is back. The judiciary at it again!! Isn’t the main role of the judiciary to protect constitutionalism in the country. My understanding is that the section 65 matter was litigated up to the Supreme Court of Appeal. Therefore, we all now know what the section means. What remains now is to implement it. This entails allowing the speaker the freedom to excise his powers by making decisions on the section. At the stage we are, what can be challenged are decisions of the speaker – after they are made. Justice Potani gave the correct decision on the matter. It comes as a surprise to me that the Supreme court made the decision it made. What will this judicial review be about? The speaker has not made any decision that can be said to violate anybody’s rights. How do we even know whether or not the decision to be made by the speaker will be detrimental to the UDF MPs or not? Should the court really issue injunctions based on speculation that the decision of the speaker will violate rights of UDF MPs? The court will be answering an academic question in this ligation, if it is to be concluded anyway!

    finally, I am surprised that the courts have not yet realised that MPs in this country have been abusing the court process to unconstitutionally remain in their positions. Since the adoption of the current constitution, every time the speaker is called upon to make a decision on section 65, MPs rush to court, get injunctions and the matter ends there as the cases die a natural death. It is for this reason that the courts should rise up to protect their integrity as well as play their critical role of promoting the rule of law in the country. For once, let the speaker exercise his constitutionally granted powers to freely make decisions on section 65. That is the only way our democracy will grow.

  23. Hey! says:

    This dude Mayaya and his harlot Jessie are out of their minds. Do they mean the MPs have no right for judicial redress? Who do they think they are? How can Mayaya say the speaker is free to invoke section 65 when there is an injunction? Mayaya and Jessie want to play the role of a complainant and a judge at the same time? Za much-end zanuzo muzikachita ku MCP komweko ndi opusa anzanuwo akukutumaniwo. Leave the judiciary alone!

  24. Stanley says:

    Mayaya is against constitution he claims he is defending, silly boy

  25. Mbwiye says:

    Billy Mayaya should learn to observe the rule of law. He should avoid advertising his ignorance otherwise people will stop taking him seriously. I watched him on Zodiak during debate on MSB, he behaved like a savage in a panel of highly educated and learned people. All the audience were laughing at him. We the underprivileged people need you our CSOs to act as our mouth, but we need highly respected people who can reason and argue sensibly not people who are madeya like you. We need people like the Chisonis, the Mwalubunjus, the Duwas, the Benedict Kondowes, the Moses Mkandawires. the John Kapitos, the Manganyas etc and not the Timothy Mtambos and the Trapences who argue nonsense. If we stop taking you seriously, you will fail to assist us on a very important issue which we shall need your assistance. We are your supporters but you behave like an ignorant person. Do not overstep the bounds of the Judiciary, they are doing their job. Do not stop people going to courts, they have the right which you claim to fight for. Let the rule of law work.

  26. Jelbin mk says:

    So there are still some people in our country who can write and read in English but can hardly understand the role and entitlements of the civil society organization in our constitution as evidenced by a certain commentator on this very forum? Then we are in a very skewed position as a country and our education quality is questionable. About separation of powers our constitution is clear that no any of the three arms of government shall interfere in the business of the other thus why when matters are in courts anyone from the legislature including the speaker himself says I can bot comment or act on this matter because it is in court but courts do just entertain anyone from the legislature without saying the same as “am sorry I can’t grant you an injunction because the matter is is parliament and is a parliamentary issue”. These judges have drove us too many miles back in terms of justice we do not have justice in Malawi. I now agree with another writer who wrote on this forum last week that Malawi needs a total revolution because all systems are rotten and malfunctioning.

  27. Atcheya says:

    During Bingu’s first term when the issue of Section 65 was being pushed by MCP and UDF, the courts issued several injunction and the civil society, INCLUDING BILLY MAYAYA, were praising the judiciary for being independent. Fast-forward about 10 years later when the judiciary does the same thong, it is not being blamed for executive favouring by the same CSOs. Strange. Strange. Strange!

  28. big boy says:

    Mayaya has a point

  29. Kes says:

    Komatu ine the billy I know is an unemployed and unemployable( kukonda kusolola ask his last employers Nkhoma synod).
    So unless it’s free to have press conferences at crossroads hotel, am wondering who is financing him?

  30. Kadakwiza says:

    Malawi is not free. Not yet. May be when we will have another Chakufwa Chihana.

  31. Wawa phiri says:

    Checks and balances, don’t blame the judiciary, blame yourself for failure to understand the law. The judiciary is the ref in this battle and shall remain independent till its over.

  32. chisombezi likhunya says:

    Our courts are a shame. How can injunction be granted before action is done. What law is this? . A kapanda ngati ndi umphawi wa kwanu mukufanawo. This is really unprofessional . Let the speaker invoke sec 65 on these udf thieves. The constitution says so. Shameless judiciary

  33. Patriot says:

    Kodi chilipo chaka chimene section 65 inagwirapo ntchito?
    The judiciary is a threat to the constitution.
    Section 65 is clear, the one who crossed the floor must be sacked.
    UDF moved from opposition benches to ruling benches, in other words UDF crossed the floor from opposition to DPP.
    Ma judge ndi ma nyapapi zedi.

  34. JB says:

    a mayaya nkhani ya sec 65 ndiye mwayikakamira mudali kt paja ma mp aUDF ankapita ku DPP,paja ma mp aDPP ankapita ku PP,why only UDF kapena chifukwa ambiri ndasilamu?

  35. John Tomoka says:

    Ajudiciary zina mukuonjeza nde tandauzo la democracy nivichi pera.Think twice b4 issuing those injunctions

  36. mutharika and goodall are thieves says:

    How the hell can you get a Stop Order when the Speaker has not even made a determination on the matter?? Democracy ya aMhlakho a lomwe!!

  37. chipwete chalunda says:

    Look at this fool called Mayaya. Everyone has the right to seek court redress if his rights are being threatened. Actually that is the same concept of judicial independence. The speaker will bebin contempt if he goes ahead with his ruling.

  38. Tengupenya says:

    Since this judicial integer fervency in the process of the parliament is anarchy, then the constitutional body that deals with such situation ought to question the judicial officers partaking in the anarchy. Judges who entertain judicial interference with matters of parliamentary processes Zander procedures ought to be questioned by the Inspector General of Police or the Director of Public Prosecutions to explain themselves why they should not be cited or indicted for anarchy or behavior likely to breach the peace or for contempt of Parliament.. If the constitutional bodies vested with such oversight choose to ignore the potent anarchy” then concerned citizens could consider public arrest of such judicial officers in their personal capacity for abuse of office.

  39. Tengupenya says:

    The judiciary has become the enemy of political democracy. If the MPs do not like section 65, then they should scrap it from the constitution and not abuse the courts to tramp on the legislature for ill conceived individual rights. The constitution is supreme. If the judiciary can tramp the constitutional provisions affecting a constitutional body as the parliament, then we have anarchy in this country. The same as any other constitutional body tramping our laws and the constitutional order. Is this is about conflict of the laws, then it should be tackled by the law commission, for a lasting solution. But in the interim the judiciary must stop treating parliament with contempt by interfering with its processes. Specifically, the judiciary must take its dirty political hands, ears, eyes or other organs off the legislature regarding section 65! We are tired of this anarchy.

  40. Mashall says:

    Achite kubweranso Baker Tilly Nkhani Yomveka bwinoyi ??

    TANGOPANGANI ZOMWEZO A SPEAKER

    MSANGA MSANGA !!

  41. Chikopa says:

    Che Mayaya, please note that you cannot be the enemy of the executive and judiciary at the same time. Misala kaya titi matenda akhodzokera ngati Majoti. Learn to make friends potu kamlandu kakang’ono judiciary idzakonya mapwala. Chode mwana wakwithu.

  42. bwangazi says:

    The only solution is to engage bokho haram to deal with these thieves from the south

  43. OMalindi says:

    Who Is Billy Mayaya In Our Constitution?

Comments are closed.