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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27 thoughts on “Mayaya hits at Attorney General on Sec 65 UDF saga”

  1. bob says:

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

  2. Matchado says:

    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 .

  3. Bob says:

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

  4. Billy Mayaya Mbuzi yamano kunsi

  5. Sweet Boy says:

    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 on your party leanings other than coming out clean professionally? This is why people have lost trust and respect with you people who usually would want to distort legal matters deliberately and yet law is straight forward because there is always references to be had from the legal bibles. Osamawerenga dala Malamulo chodzondotsa kuti zikukomereni kapena kuti mutchuke. The whole educated person in kabwira can’t get to grips with easy and straight forward issues like these, but instead has chosen to sail in the same boat with illiterates like Mayaya? I thought being an English teacher she should be able to read and make sense from the reading, but unfortunately with her the reading confuses her big time. Pepanitu ma student amene munaphunzitsidwa ndi amaiwa.

    1. Paul Vida says:

      Sweet boy, you are stupid mother fucker.

  6. Chadza says:

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

  7. The Truthful One from the West says:

    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.

  8. TRUTH says:

    Kkkk! Mai MALAWI!

  9. mbani says:

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

  10. Nsena says:

    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.

  11. katakwe says:

    Ma MP a UDF ikukwapulani Sectipn 65 yet Atupele will be ok , angokupweteketsani. Bravo Lucius Banda by refusing being on the govt side. !!

  12. Malawi yatsopano says:

    Palibe chanzeru mungaphule kuchokera kwa Atupele.His survival is from cheap politics an appeasement from failed politicians just because the six pound thief paved a way for them.Without Muluzi,Bingu would still be driving his minibus and Pitala would be still be toiling in some sleepy st Louis colleges with no name in America.Bravo to Lucious for taking a matured decision than being dragged by the useless clean shaven corrupt baby Muluzi.He thinks kuti anthu akuyenderanso maina or ung’onoung’ono.Amufunse mzake Solsten Gwengwe akulima masamba Ku Mchinji.Kodi Mmalawi ndiwomutengera pamgong’o.Lucious is my man for not following a bunch of dunderheads.

  13. mushe says:

    Mayaya mbuzi yamunthu! Yatumidwa kuti ikadye mphale wosadziwa kuti ikagendedwa komko. Pano yakumana nazo kaya ndi Kalekeni Kaphale ndipo sanati ndithu

  14. sir bentby says:

    sesa sesa!!!!
    asowe a sowe amenewo!!!!!
    azikakonzekera 2019!!!!

    blind layalty and selfish mortives

  15. Sapitwa says:

    I never heard Mayaya complaining about the Exodusof DPP MPs who crossed the floor and joined The Government benches at the time when PP took over. Where were you asshole? You MUST be consistent not as it suits you the most stupid idiot!
    Reference will be made as is always the case in justice if the Speaker dears to declare the seats of the 11 MPs vacant and there will be many court injunctions.

  16. warhead says:

    Anthu kumavutikila kuyima pa dzuko kuvotela madeyawa. A UDF onse OOOOOUUUUUUT! TIWONE ZINA SHUPIT

  17. Kakha Erutu says:

    Bambo Mayaya, give reason a chance. Do not let your emotions drive your actions. Mupusatu inu!

  18. Munnyabu says:

    Kani lucious ndi shasha etiii! His contribution in August house is different and his conduct is unique. Kaphale ndi ma degree ake akuyandama as things are unfolding ishii!

    1. Chakwera says:

      Let us all wait and see shasha in 2019. His constituency is in Balaka and not in Edingeni, Embangweni, Chitipa, Karonga or Mzimba. The greatest shasha will be seen in that year.

  19. Claparton says:

    Malawians should NOT be taken for granted that we are ignorant of the laws that govern our society. I agree with Mayaya that both sections 64 and 65 should be effected otherwise the heart of democracy is at stake. We will go to street again 4demos if these 2 sections are NOT effected

  20. ujeni says:

    Section 65 is clear but some corrupt legal people are interpreting it to suit their paymaster which is stupid. You decided to sit on government side in the house when we all know you lost the election is pure sign of disorder, anarch and breach of electoral rules. This is where section 65 comes in to bring order

  21. Bakha Nkhomano says:

    Kodi Mayaya akuti bwanji za audit ya ku HRCC komwe ananyambita ndalama pamodzi ndi Chindamani Sembereka

  22. Odala says:

    Mano Ngati Agulu…..Nthawa Akuluma!!!!

  23. Mr Dambwe says:

    Who Is Billy Mayaya In Our Constitution ??

  24. Patriot says:

    ACHOKOCHENI MAKAPEWA
    UDF kwazaza zitsiru zokha zokha except Lucious Banda.

  25. Kennedy says:

    Mps stupit enough by not following the peoples’s needs there section 64 should return and power need to be reduced from mps. Commenting on UDF isue its typical atupele is following the footstep of his father there is absolutly no leadership skill in him he is an fortune seeker.

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