MCP says UDF relocation has created ‘constitutional crisis’: Lucius Banda frozen

Malawi Congress Party (MCP) MP for Lilongwe Msozi South, Vitus Dzoole Mwale has told parliament that the move nby United Democratic Front (UDF) to join government benches in the national assembly has created a constitutional crisis.

Dzoole Mwale: Constitutional crisis

Dzoole Mwale: Constitutional crisis

The UDF relocation became a hot issue Wednesday when some members of parliament wanted to find out more what it meant with in line with other positions.

Rising on a point of order, Mwale wanted to know from the Speaker what the development meant in relation to anti-defection law Section 65 of the constitution after Salima North MP Kaphamtengo Yona questioned the Speaker Richard Msowoya on the status to the position of leader of UDF, Lucius Banda, who has remained in the opposition benches.

“ I need also to be schooled since our colleagues from UDF are in government and you have noted that the leader of UDF in this august House is here in the opposition, what is it? According to the arrangement, is he still going to be the leader of UDF in this Honourable House? The leader of UDF is in this opposition side, his followers, because you can be leader if you have followers. His followers are seated there,” Yona said.

Dzoole Mwale also stood and told the House that Yona has raise “a very important issue” concerning the “constitutional crisis” that has been created in Parliament.

“Mr Speaker Sir, it is important that this House should have a very clear clarification and understanding how and why this arrangement has happened in this House,” said Dzoole Mwale.

He wanted to know if the Speaker will involve Section 65.

Under Section 65 of the Constitution, an MP is deemed to have contravened the provision if the member ceases to be a member of a party or joins another party represented in Parliament.

Lawyers argue that since UDF MPs have not relinquished their party membership, Section 65 cannot catch them.

Speaker had at the beginning of the day’s deliberations explained that UDF will not be responding to speeches, meaning Lucius Banda will be a lame duck leader and also not be in the Business Committee of Parliament but UDF chief whip , Lilian Patel will be in the committee.

“Now that the UDF is on the government side, it will not be responding to speeches made in the House. However, their Chief Whip continues to be a member of the business committee,” Msowoya said.

MP for Dedza South West Clement Mlombwa queried the composition of the members of the business committee.

“What does this mean in terms of our Standing Orders?” Mlombwa said.

He cited Standing Order 155 which reads:

“The Business Committee shall consist of: (a) the Speaker, (b) Leader of the House (c) Leader of Opposition (d) Government Chief Whip (e) leaders of parties not in government f) Opposition party Whips (g) Deputy Speakers shall be ex-officio members.”

UDF described its partnership with DPP as a ‘parliamentary coalition’.

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Get rude
Guest

Muluzi once said zipani zinazi zidzatha ngati makatani, I can see this happening to UUUUUuuuuuuuuuudf!!!!!!!!!!!!!!!!

Mphatso
Guest

we voted Lucius Banda as a UDF MP no way he can move to the ruling side it z just showing the maturity of my MP LB…………….

GBC
Guest

UDF supporters thinks DPP want to groom Atupele to b the next leader…its a shame he ll b dumped when time comes.CHAKUFWA did the same thing and he end up like headless chicken when other members didn’t want to leave the ruling party

Mswazi
Guest

Mcp z the only party with a leader who z not related to its founders! Zamu family izi nzovuta zimakhala ngati ufumu. UDF anayamba kulamulira ndi Muluzi ndipo ndimuluzinso akulamulira chimodzimodzi DPP ndi achina Mutharika!

langson
Guest

end of the road 4 UDF

mbuya
Guest

MCP has valid reason to worry about, because this working together if it results into a single candidate in 2019 for the south, thats a valid problem for MCP….even Nysatimes know this…unfortunately thats the reality on the ground!!!!!

Kawonga
Guest

Vuto ndi atupele dyera, ma mp afuna nawo phoso ameneyi adyeko basi, lucius know in all circumstances seem to be considered an intruder to the dpp category, basi akhala ekha enayo sec 65 iwapeze kaye

Namame sm
Guest

I knew, apa mbaza ndiye zakumana basi!!!

Zatani
Guest
I know the Dzoole Mwales are aware Section 65 is about crossing the floor and the UDF MPs have not done that! When does one cross the floor? Do not confuse Malawians. As for Lucius Banda,its a pity he wanted to make a hero without enough and wider consultations. He said he will continue speaking for the party in parliament forgetting that cannot be so as the party will have one voice with DPP. That would mean Lucius Banda speaking in his own capacity. He is Leader of UDF in parliament; that he forgot.Now that he is no longer in… Read more »
Mong'onyolani
Guest

A khothi agamule nkhaniyi ndiyayikulu

wpDiscuz

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