Mayaya hits at Attorney General on Sec 65 UDF saga

Vocal human rights activist Billy Mayaya has hit at Attorney General (AG) Kalekeni Kaphale on the way he is acting on issues surrounding the position of United Democratic Front (UDF) MPs in Parliament in the face of Section 65 anti-defection law for moving to government benches.

Mayaya: Petitioned Speaker on UDF MPs

Mayaya: Petitioned Speaker on UDF MPs

Kaphale wrote Speaker Richard Msowoya expressing that he already gave legal advise as government principal legal adviro that aUDF MPs have not resigned from their party or joined governing Democratic Progressive Party (DPP), they cannot be deemed to have crossed the floor.

He also asked the Speaker to dismiss the petition by Mayaya because it was irreguraly brought to parliament as he is not a member of the august House and that the AG was not convinced UDF MPs crossed the floor.

But Malawi Law Society (MLS) secretary Khumbo Soko said the decision whether to declare a seat vacant is exclusively for the Speaker and is not for any other office or authority.

Mayaya said he welcomes the position of the Malawi Law Society that “any citizen can move the Speaker to invoke Section 65. “

He told Nyasa Times: “It is therefore disconcerting that the Attorney General is deliberating using black letter law to stifle the voice of citizens in a matter that is pushing popular opinion on matters of democratic governance to the priphery.

“How can MPs be a law unto themselves? Section 64 was removed by MPs so that they are above the law. The Constitution provides for impeachment procedures for the Presidency, Judges can be removed but ambiguity is deliberately created to mask the excessive powers that MPs have over the very people who elected them. This cannot continue. We demand not only the return of Section 64 but more decisive action on the 11 UDF members who crossed the floor.”

Eleven of UDF’s 14 MPs moved to the government benches to cement their party’s working relationship with Democratic Progressive Party (DPP) in whose Cabinet UDF president Atupele Muluzi is serving as Minister of Home Affairs and Internal Security.

Former UDF leader in Parliament Lucius Banda, Second Deputy Speaker Clement Chiwaya and Muluzi were not affected by the movement.

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bob
Guest

Attorney General is not the final authority on this matter, He is just expressing his opinion and any opinion can be challenged

Matchado
Guest

Kaphale cannot think clearly on this matter . He will always be emotional on issues that concern the Muluzi family . Ndi mwana okulira ku boysquarter kwa achina Muluzi ameneyo . Although he us serving in a DPP Government, his allegiance is to the Muluzi’s first .

Bob
Guest

Malawi’s laws and constitution is being compromised whats the use of having such legal entities when their is no proper interpretation and application.

Imraan Sadick
Guest

Billy Mayaya Mbuzi yamano kunsi

Sweet Boy
Guest
The AG has succinctly interpreted the law and other players of good stead have done the same. The MLS representative didn’t advise Mayaya to become part of the law making process but told him who should be involved. Instead he tailor-made the advice to suit his goals. Back to MLS, where were you guys when the issue of “Assets Declaration” was sent to the speaker asking Joyce to declare her assets and the speaker (chimunthu banda) referred the matter to the then AG (singini) who unilaterally decided to defend Joyce? Should you now interpret the law to suit yourselves based… Read more »
Paul Vida
Guest

Sweet boy, you are stupid mother fucker.

Chadza
Guest

Think of developing the so poor Malawi not issues of crossing the floor.

The Truthful One from the West
Guest
The Truthful One from the West

I totally and fully agree with Mr Mayaya and Dr Kabwila that the Speaker should invoke section 65 on UDF MPs as they have crossed the floor.The Attorney General has no mandate to interpret the constitution.

TRUTH
Guest

Kkkk! Mai MALAWI!

mbani
Guest

UDF MPs uchawa heavy imbwaazi why? Atupele and his father Bakili are filling mimba zawo inu busy kumakwatidwa or tombedwa ulele

Nsena
Guest

What is crossing the floor. Ngati a electral commission akulephera kuyendesa zisankho muti madera angapo chifukwa choti alibe ndalama. Zamkutu. Sekishoni 65 ndiye kuti chani mwasowa zokamba eti. M’mene anthu amapita ku pp munali ziii lero chifukwa chakuti walowa ndi petulo mwayesa nkhani. Kuzolowera zopusa eti.

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