Mayaya withdraws from Section 65 case against UDF MPs

Human rights activist Billy Mayaya has withdrawn from a case where he applied to join in a matter where 11 United Democratic Front (UDF) members of Parliament (MPs) are challenging their possible expulsion from the National Assembly over their alleged crossing of the floor.

Mayaya: Withdraws from joing the case

Mayaya: Withdraws from joing the case

Mayaya petitioned Speaker of Parliament Richard Msowoya to declare UDF MPs to have crossed the floor for relocating to ruling Democratic Progressive Party (DPP) benches in parliament.

He joined the case as a friend of the court, challenging the stay order obtained by UDF MPs which prevented the Speaker from proceeding with the Section 65 procedures as outlined in the Standing Orders.

The Malawi Supreme Court of Appeal had set Tuesday to hear the application to discharge the order which it granted because the UDF MPs did not disclose they had responded to the seven-day ultimatum and accepted the procedure to continue.

But hearing of the matter failed to take place because Mayaya’s withdraw, his lawyers, Golden and Law confirmed.

UDF spokesman Ken Ndanga told Nyasa Times on Tuesday that the party was not surprised by Mayaya’s withdraw, saying he is “being used as a front” by some opposition political party in parliament.

Ndanga said UDF feels vindicated as it has been saying all along that Mayaya has a weak case against the party “ but was onky pursuing the matter because it’s a conspiracy.”

In their application, the UDF MPs want the court to declare illegal and unreasonable Speaker of Parliament Msowoya’s actions regarding their status in the House.

In the judicial review case, the bone of contention is Msowoya’s alleged lack of impartiality in allowing a petition by Mayaya to be transferred to Salima North-West MP Jessie Kabwila (Malawi Congress Party-MCP) without acknowledging that the first one was irregular.

Through GD Liwimbi and Partners, the UDF MPs claim that the Speaker should not have accepted Mayaya’s petition in the first place.

They argue , instead, the Speaker should have invoked Standing Order 207 (4) asking the MPs to respond to the allegations when it was irregular.

“The first respondent [the Speaker] acted illegally, ultra vires and outside the scope of his lawful authority, unreasonably and without impartiality when following the applicants response to Mr Billy Mayaya’s petition, he [ the Speaker] allowed him [Mayaya] to correct the irregularity instead of dismissing the petition,” argues private practive lawyer Gabriel Chembezi in his skeletal arguments on behalf of the MPs.

Eleven of UDF’s 14 MPs moved to the government benches in Parliament to cement the working relationship between their party and the governing Democratic Progressive Party (DPP). President Peter Mutharika roped into his Cabinet UDF president and Machinga North East MP Atupele Muluzi.

UDF MPs not affected by the move are Muluzi, Second Deputy Speaker of Parliament Clement Chiwaya and former leader of UDF in Parliament Lucius Banda.

Attorney General’s office gave a legal opinion that UDF MPs have not crossed the floor.

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35 thoughts on “Mayaya withdraws from Section 65 case against UDF MPs”

  1. phodox says:

    He has nothing to offer. That is the result if you serve two masters.You cant be the servant of political groupings and human rights groupings as well. No mboshombosho no! Thus why he has been caught in between.

  2. EDWARD WA JACKSON says:

    Then he should come out clearly and give us the reasons why he has done that, otherwise we are not sure of him

  3. marble says:

    I met Mayaya yesterday. From the explanation and documents he showed me, I feel sorry that as malawians we rush to express our anger before getting an answer from the person being judged without given chance to be heard. Am convinced the man knows what he is doing. He is not bought nor a fool. Just wait

  4. Ishmael Makwinja says:

    waopa kuphedwa mayaya. Wachita bwino iwe. Phukusi lamoyo umasungitsa?. ayi taa, uli ndi ana komanso nkazi. Anthu mngakupha awa!!!!.

  5. This gentleman simply wants to sow seeds of confusion.

  6. ale mlomwe says:

    ndimakuuzani kut plz dont take mayaya seriously he z a frastrated man…ndiye pano wakwera yokuphwa matayala bola hule uja Jb amakutolesa koma ya Lazaro waumphawi wakwerayo unya nayo manyi…uziona

  7. Jabuni says:

    Defenders of human rights in Malawi.

  8. Sapitwa says:

    He started this pandemonium to fool the Malawians without knowing the legal consequences. Even the stupid Speaker has been exposed by this idiot who has no Paliamentary mandate! What a Speaker!

  9. phodos says:

    I was so surprised with the speed at which Mayaya was accusing the government and its leader. As if it was personal issue. So Mayaya wanted to be taken care of by Dr Mathanyula.For sure Mathanyula has done it. First Mayaya closed his mouth for the past two weeks. Now this is what we are hearing. No questions many heads of CSOs wil go into total jibernation, after all account number one is full and accessible after passing the budget. Machende a mako Billy Mayaya ndipo sikono imeneyo ikatha usatisokeselenso ayi.

  10. katswir says:

    Why do u malawians in e name of civil society do you want to fool anthu. When you initiate a fight….take a wrap up.thats the formula.mr mayaya has been ingested with a ban. We are now wearing off the infallibe trust we harboured for you

  11. Boyd Kilembey says:

    UDF did not cross the Floor. The MPs did not resign from UDF. The MPs did not join another party political in nature represented in Parliament. These are the two “conditions” stipulated in the Constitution for crossing the Floor. UDF MPs did none of the above. How one wakes up and says they crossed the Floor beats the ass out of me. Kumawelenga nthawi zina.

  12. Chibanja tv says:

    He has not been given money to withdraw but looking into the legality of the case, wadziwa kale kuti saphulapo kanthu komanso amene amamugwiritsa ntchito a congress alephera kumupatsa 10 mitre yomwe anagwirizana mumva zambiri khalani chete muone. This has made the office of the speaker into disrepute hence now calling for his resignation. He has shown that he puts more of his energies saving his parties’ interests than national, all in all he has to GO!

  13. Jon jeg simba says:

    kkkkkk. malawi sazatheka ata…mudzaleka liti kutipusitsa.udf musachekenere chinthu cholakwika..kkkkkkk

  14. Zanga Phee! says:

    The guy was so vibrant he had his own style of oppressing issues how could he just work up and tell the nation he has quit the issue please men activist be aware that these issues you are carrying out today are for your grand children not for you. 6 million will take you no where regarding to history.Please Mayaya never ever attempt at any cost to make noise on national issues you are weak minded can’t you be like the DD Phiri,very unique.shame with you.See my name.

  15. Lomwe says:

    Thats Malawi iknow there will be no justice for the poor if you have money fine you can challenge justice if you dont have money then justice will crimbe on your back and make you fall down

  16. Alungwana says:

    When bribes take charge

  17. captain says:

    He is a puppet.he has bn palm oiled

  18. Kizito says:

    hahahaha. The idiot called Billy Mayaya!!!!!

  19. Thyanga Thyanga says:

    kkkkkkkk ma human rights activists aku Malawi. Munayambitsa nokha pano mukuzisiyanso. Mwalandira kanagachepe eti?

  20. Bakha Nkhomano says:

    Kodi Mayaya anabweza ndalama zimene ananyambita ku HRCC zaka zitatu zapitazo? Mkulu ameneyu ananyambita 50 million kwacha yekha, ngati mukufuna umboni, funsani Baldwin Chiyamwaka.

  21. MAMA says:

    Kuopa kuona zinawona mnzako wa acb ???

    Koma be chilungamo unachita

  22. petro says:

    Zakuvutanitu apa

  23. Lord Denning Chatsika says:

    Amupasa k6million kumufasitsa kenako timva kuti ndi chairman wa govt companym wadya sikono

  24. Keyboard Speaker says:

    Mayaya is just another opportunist who seek attention for the sake of power and money. He hopes to be the next Voice Mhone or Mabvuto Bamusi. He is more like a hyena who can not differentiate between himself and his shadow, hence going by wind in all directoins and stops when it does.

  25. Coyson says:

    Ndale zongofuna kulemera.

  26. Kadakwiza says:

    Bwana Billy Mayaya I think he is choked by yellow scones, that is why he can’t talk anymore. As we know yellow scones are too big to swallow that is why he is choked. Now he can’t talk properly. May be when he become hungry again. And when that time comes, he will talk. But for now Bwana Mayaya is choked with a yellow scone and I can see he is holding a big cup of Blue cold drink. Malawian politics taking advantage of the poor.

  27. Zondi says:

    Bambo Billy Mayaya human nature activist tsopano where did he took this photo i want to take mine too instgram maybe ????

  28. Mbanangwa says:

    Read in between lines before you get a rude awakening.

  29. Phwado says:

    Wayiopera.Two bullets on your neck and your skoloskolo being burnt!Leaving your wife behind for chokolo!There shall no longer be a voice.

  30. Biswel says:

    Amayaya mwadya sikono kuchokera kwa Voice Mhone

  31. Mhesha says:

    Stupid politics…Mayaya you’re being used like chishango zoona?

  32. ...... says:

    Section 65 ICHOSEDWE mu Constitution.
    Ndi section YOPANDA NTCHITO. IKUNGOTHA INK each andvevery time tge Constitution is printed out.

  33. Professor Dr. James Napwiri Phiri says:

    I will never trust Billy Mayaya anymore

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