No Sec 65 for UDF MPs, Attorney General cautions Speaker on Mayaya’s petition

Attorney General, Kalekeni Kaphale has advised Speaker of parliament Richard Msowoya not to invoke the anti-defection law Section 65 on United Democratic Front (UDF) lawmakers who relocated from opposition to government benches, saying they have not

Kaphale: UDF MPs have not violated Section 65 by the mere  act of sitting on same side with DPP  as longa as they remain UDF

Kaphale: UDF MPs have not violated Section 65 by the mere act of sitting on same side with DPP as longa as they remain UDF

breached the said law.

Speaker Richard Msowoya: Given legal advise that UDF MPs have not corssed the floor

Speaker Richard Msowoya: Given legal advise that UDF MPs have not corssed the floor

Mayaya: Petitioned the Speaker

Mayaya: Petitioned the Speaker

Speaker last week petitioned UDF members of parliament on his agitation to declare their seats in parliament vacant using section 65 of the constitution of Malawi.

The constitution bars members of parliament from crossing the floor in parliament by joining the party that is different from that which ushered them into parliament.

There have been calls from some sections of the society to have UDF MPs who have relocated to government benches have their seats declared vacant for floor crossing.

And human rights activist Billy Mayaya petitioned the Speaker to crack the UDF with Section 65 whip.

But in a letter to the Speaker dated 12 June, 2015, the Attorney General in his capacity as the principal legal advisor of the government offered his legal advice that UDF MPs should not be deemed to have crossed the floor.

“As long as they do not resign from the political party on whose ticket they were elected into the National Assembly or do not join the Democratic Progressive Party (DPP), they would not have crossed the floor within the meaning of Section 65 of the constitution by mere act of sitting on the same side of the House as the DPP members,” reads Kaphale’s letter as seen by Nyasa Times.

Kaphale informed the Speaker that he had already given his office the legal advice on the matter and that he received it “without any further observation.”

As regarding Mayaya’s petition, Attorney General advised the Speaker to throw it away, saying clearly he is not a member of the House and that no MP signed or took charge of the petition as required by law.

Kaphale cited Part XV1 of the Standing Orders under section 53 (1) which requires a petition to be presented by an MP.

The top lawyer said Mayaya’s petition is “irregularly brought” to Parliament and must not be entertained.

Former Speaker Sam Mpasu agreed with Kaphale’s legal opinion, saying rules and regulations are clear that only members of parliament from a political party which is aggrieved can petition the speaker for consideration.

“It is supposed to be a political party in parliament to complain to the Speaker about their own member of parliament who may move to another political party in parliament,” said Mpasu.

The former speaker said Mayaya has not direct interest in UDF.

Associate professor of law Edge Kanyongolo of Chancellor College also argues that by just physically moving to the government side, UDF MPs had not contravened the spirit of Section 65, which describes the process of “crossing the floor”.

UDF has 11 MPs seated on the government side, which has increased DPP’s numerical strength in the 193-member National Assembly to 63, excluding Banda and Second Deputy Speaker of Parliament Clement Chiwaya who are UDF, but not affected by the move.

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69 thoughts on “No Sec 65 for UDF MPs, Attorney General cautions Speaker on Mayaya’s petition”

  1. Moni says:

    Ukadzaona m’dani akukutchinga-tchinga komwe ukulunjika, dziwa kuti kotsogoloko kuli zonona. A UDF musapusitsike ndi mapokoso a adani anu, iwo sakufuna kuti mudzapeze zabwino zomwe ziri kotsogolo kwanu. Inu mwapanga chiganizo chabwino chamgwirizano wokomera dziko, asiyeni ansanjewa adzilira.

  2. Tengupenya says:

    Separation of powers. Did speaker solicit advice of the AG? Parliamentary procedures may not be the same as civil process. If Mayaya is seeking the Speaker’s action, then he should petition the Speaker through an MP. The MPs cannot use civil activists to petition the Speaker into action on standing orders of Parliament.

  3. Gelesoni says:

    AAAAAAAAAA bodza (Make chinyawu party)MCP khaya Failing to make Malawi progress during the time of no opposition- ANENA ANENA ERA……
    NO RULING MALAWI MPAKA ….
    .GObEde inu muzisusa basi …….ur scavengers in the parliament kkkkkkkkmmm DPPPPPPPPPPPP

  4. chatonda says:

    Atupele has sold UDF and this is exactly how Aford ended. People will see what will happen in 2019. DPP and UDF will be buried together in the same coffin. Silly Atupele who cannot read the lines at distant.

  5. central says:

    Msowoya is a stable element and will never have sleepless nights with your threats!! Wandale iwe!!!!!!!!!!!! Bootlecker, galu iwe!!

  6. MASO A GULU says:

    Chilungamo chikusowa pa dziko

  7. Phodogoma says:

    I think now the descendants of Kamuzu Banda are desperate for presidency. Everyone in Gulewamkulu land is up for it.

    What does Chakwera ( educated senior Gulewamkulu) say about the government in Malawi?
    He says MCP is a government in waiting. By algeraic equation it means he is president in waiting. Remember Ungapake was also a president in waiting. How many years he waited for it officially. ….until he got tired and retired. So LC talk knowing that history can repeat itself.

    What does Mayaya( another Gule wamkulu superior for Dowa) do?
    He is helping the government in waiting by demolishing parliament where he wants to work like MP, standing on point of older and accessing Speaker for Section 65 on UDF MPs? A poor human rights fighter who do not read books let alone constitution of malawi.He has become a fool of his own. A shame. Even the speaker is for MCP. He cant use section 65 as he is tied by constitution which is flexible.

    What are other things showing that indeed the gule wamkulus are stranded for leadership outside elections?

    Apperance of Mai Manjamkhosi in MCP political gatherings. Remember Mai Hilda Manjamkhosi is an expert for how to urinate into the mouth of RC priests, brothers, decons, sisters.She planned during the time when the Chewa were ruling. They want to do it now? watch out the RC members with Hilder Manjamkhosi and LC.

    Indeed a Chewa aphulika. Please wait until 2019 if not 2045.If MCP was very instrumental Malawi could have developed by now. Imagine rulling Malawi peacefully with no opposition for 30 years. Yet they the Chewa didnt do anything at all.

  8. mbani says:

    Take care the son of Bakili to resign end 2017 due to 92 billion and stand as UDF candidate mark my words

  9. Let us go for federalism

  10. yamikani says:

    Ndikhulupirira Mayayayo wamva ngati sakumvetsa mpatseni buku aziwerenga, komanso adzapatsidwe mayeso. Kuntchito apume kaye angayambe kumanamiza AMALAWI.

  11. ndagoma ndidziko says:

    The sections that are being quoted with regards to crossing the floor are in such easy simple english that there is only one way to interpret. No one has resigned or left their political party therefore NO ONE HAS CROSSED THE FLOOR. Yes people may jot be happy with what has happened and would like the Udf punished but unfortunately presently according to the law they have not crossed the floor. The only way is to change the law if people are not happy.

  12. Agalu inu mukhaula, kazingovinani gule wanuyo,u are the opposition till jesus blows his whistle

  13. Chiduma says:

    IZI NDICHIFUKWA CHAKE TIKUFUNAPO FEDERAL SYSTEM BASI MWATIKWANA KOKWANA AKAPHALE NDI TIMU YANU

  14. What about? says:

    Malawi full of rhetoric. Apakwawo ndi mizu yakachere. Tsono ngakhale mulimbikire crossing the floor, maloya akuti sadachite cross the flor, ndiye mufika nazo pati a che Mayaya mwangosala mayaya okhaokha!

  15. captain says:

    If UDF didn’t cross the floor who are they ? Ruling party or opposition party? So mcp and pp are opposition party and them are ruling /opposition party at the same time. Hw do we expect kaphale to be against its government? Wat will happen to independent mps if they will seat on government or opposition side? Kaphale is not representing views of Malawi population but his masters. Lets assume pp and mcp write a speaker to be allocated seats on government side wat will happen

  16. Chimwemwe says:

    Shit!

  17. Angozo says:

    Intelligence wothout wisdom is punishable by God. He will never be an AG in future after the dpp. Ask me on15th June 2019.

  18. chiidamtere says:

    action speaks louder than words .their action speaks louder that there are no longer udf members by crossing parliament floors 4rm udf benches to dpp benches.

  19. MASO A USIKU says:

    the law is queit and just clear. palibe MP wa UDF amene walowa muchipani china, angosintha mbali yokhala basi. mukamuwona MP wa UDF akunena kuti walowa DPP ndiye kuti ameneyo akufuna section 65. padakali panopa palibe amene watuluka muchipani so no 65 at all. KODI AMAYAYA MALAMULO ANAPHUNZILIRA KUTI? KODI MWANA WA PACHANCO KANYONGOLO LECTURER WANGA ANGAKHALE WOPUSA? UDF MPS ZIDYANI NAWO PAJA BOMALI ANALIPEREKA KWA BINGU NDI MULUZI MBUYANU.

  20. Dr Mbewe says:

    11 udf greedy mps crossed the floor. Kaphale doesn’t know law neither does he understand it. He is commenting for his political survival. The Speaker Hon Msowoya should immediately invoke sec 65. To let this country to the mercy of dpp and udf thieves the country will never develop. The law is clear even to chickens, these 11 udf thieves crossed the floor

  21. Kaziulika Chimugonda says:

    The working relationship in Parliament between DPP and UDF proves that indeed UDF has cressed the floor. Does UDF as a Party represented in Parliament have their own leader in the Augsut House? Why is Hon Lilian Patel removed from one of the Parliamentary Comiittees? Does UDF have a voice of their own in Parliament? The Answer is emphatic NO! If this is NOT crossing the floor; what is crossing the floor? Gentlemen, look at this issue with siber minds. UDF is split! What splits UDF? If Section 65 of the Republican Constitution is not applied here, it’s because DPP the buying Party is ruling. Otherwise this is a clear case of Section 65.

  22. George phiri says:

    The law is well explained so I zip up. Mayaya you can take injuction no problem.

  23. Pimbisa Ambwiye says:

    If we can not understand the Queens language, can we understand the law which is framed in that language? ‘Crossing the flow’ kkkkkk. Crossing the floor abale inu!

  24. ade says:

    LETTER OF THE LAW OR SPIRIT OF THE LAW?????? WHATEVER YOU WANT TO CALL IT, UDF HAS PHYSICALLY CROSSED THE FLOOR. WE ONLY VOTED FOR DPP TO BE IN GOVERNMENT NOW WE HAVE PEOPLE WE DID NOT WANT TO BE IN GOVERNMENT SITTING ON GOVERNMENT BENCHES. THEY WENT TO PARLIAMENT AS OPPOSITION ARE THEY OPPOSITION NOW???

  25. Billy Mayaya nkachaniso

  26. Cathy says:

    Before commenting read the constitution it is clear on this

  27. Kamuzu Muluzi Bingu says:

    zomveka bwino… ma MP a UDF sanalakwe akutero odziwa malamulo. section 65 ndi lamulo ndiye amene amadziwa malamulo ndi maloya. iwe unaphunzira zaumekaniki kapena kukhoma zidebe ndiye ungakambe zalamulo.

  28. Kennedy says:

    Stupit and rubbish anttoney general, the Law is clear here why are giving rubbish advice? Let noone circumvert the Law by taking sides because you want to get the money from UDF.

  29. Sam Abdulsalaam Ajassie says:

    Koma kumeneko kaphale gwira ntchito timakudziwa kuti ndiwe munthu odzindikila

  30. Joseph says:

    Aint section 65 being interpreted too literally here? Should not the question be based on principle? Is there anything that these UDF MPs are doing that is in line with someone who has crossed the floor? Do they have the mandate to voice their opinions? Nope! Can they vote against DPP? Nope! Are they recognise as a party with all its parliament priviledges? Nope! The darn idiots were even sacked from the parliament busines commitee!! I can go on forever. What did you expect from an AG who is a gvt diehard anyway.

  31. fn says:

    ndiye kaphale wandale amene ndikumudziwa ndipo sadzatheka, pa ma vote aja anatikhaulitsa amalawi by acting in favour of….., ataona izi apm nthawi yomweyo kumpatsa mpando onona kuti apitilire kuwaikira kumbuyo, pano ndi izi, 2019 mec kufoira kaphale adzabweranso ndi yake ife kumangolira.zonsezi kumachita ndicholinga choti misonkho yathu izingobedwa ndi dzanthu dzimenezo no development

  32. kate says:

    CHIPANI OLO CHIPANTI CHA UDF CHATHA MMENE APITILA KU DPP. KKKKKKK

  33. paul mbotwa says:

    asiyeni alidyere boma nawo. mwayiwala za zileso zimakhala ku khoti.

  34. REX MSISKA says:

    I am sure the Speaker of Parliament has smelt a rat. Especially when the smell is in the house. I am sure, like anyone would do,( not to be worried with the smell of a rat from the forest ) the Speaker of Parliament is smelling it in the house and true to his sense of smell he cannot pretend there is no smell in the house.

    Please you law makers you have taken us for a ride for too long. Malawi as a Nation has been made to a money making machine. There is not even a single person in Parliament or the Bench who can stand up and say enough is enough. Please don’t be deceived by the amount of wealth you are accummerating now, you will not know peace, unfortunate enough even your generations will not know peace, because they will have a lot of poor, hungry people around them.

    Money is not everything, but the love of God. God is all powerful and supreme and He does that with love. Even the way you law makers are running the Nation, He allows you with love. Strange, but that is God. One day you will see His love in all that you are doing to rule His people and children. Remember God is love and love is not God.

  35. SOLO says:

    CHANCELOR COLLEGE PRODUCTS CONTRADICTING EACH OTHER.HOW DO WE TRUST THEM AND THEIR SCHOOL?

  36. Mr Dambwe says:

    Mbuli Yathuyi Yapusapotu Pamenepa shaaa

  37. frank kaponda says:

    Ndale ndi ndale

  38. REX MSISKA says:

    Please great lawyers in Malawi, educate me on this. UDM members in Parliament sit together with DPP thereby giving DPP more voting power. What then happens to the power of UDM in Parliament? Where does it leave Multiparty democracy? Where does the power shift to between the poor members of UDM and the clever ones of DPP? In the book of Animal Farm there was a law forbidding all animals to sleep in bed and also killing each other. But this is what happened, pigs who then were in power started eating eggs and all animals complained, especially chickens. The answer was the pigs were brain workers, they needed eggs for the brain. The pigs started sleeping in bed and when other animals complained, suddenly the law was not broken because they were not sleeping in beds with bed sheets.
    “BANA BA NKHARAMU TI KU LYELA MUVI NJELO NJELO.” I wish i could put it in Chichewa.

    In my life i have seen nations destroyed by the same laws that are made with deliberate loopholes so that they be used by scrouperouse politicians and sad to say that even by our so called learned on the Bench.

    In days of Malawi Congress Party rule, it was treason to form other parties or oppose any thing the Party imposed, why because those were the laws. Some of us survived because we shut our mouths and only opened them to respond to ‘Kwaaaacha, or cheering our soccer teams in soccer stadiums. Oh those were the days, even Kamuzu knew that we filled the Kamuzu stadium on celebrations to watch our Kinnahs, Jacks, Rubens, Ways, Magangas, Sinalos, Chikafas, Barnets, Damianos, Kaifas, Billys, the list goes on.

    We are not fools Mr Attorney General. Even the mighty eagle cannot fly if some of its feathers are removed from its wings. It would go in hiding to remove all the feathers and wait for new ones. Even its beak for that matter, Please Mr Attorney General make me understand you. Remember what happened in the Elections gone by. Why can’t you come up with laws, making tribalism illegal, the evil that is busy dividing the Country, i am sure even in your Bench. I love you Attorney General and i know you have all it takes to be where you are.

    UDM wake up before your party becomes a mockery.

  39. Kodi Mayaya ameneyu akudwala eti momwe akuwonekera apamu? kkkkkkkkkkk!

  40. Chaona says:

    The problem with malawians is that we don’t read our own constitution for us to know things better but we rather wait for others to dictate it for us, the section was clear and what Kalekeni Kaphale did is what is in the constitution not favours!!! I salute Kalekeni Kaphale As An Advisor, Bravo!!!

  41. nYAU SITHOBWA says:

    Mwayambanso kusokoneza Malamulo adziko Basopo Ufela za eni

  42. Partlan says:

    Nkhani amaliza eni malamulo. Kungokakhala kunyumba kwa nzako sikuti walowa kukhala wa mbanjamo straight forward. A Mayaya umbuli. Katsumba wa za malamulo Kanyongolo amene anawerenga mabuku onse a malamulo nkumaphuzitsanso anthu waphera mphongo pa chigamulochi. Leave Peter alone.

  43. truth says:

    If they are still opposition why not taking part in question time? Why pushed out in other structural in the parliament? Just last week another leader showed exit coz her party is not functional in opposition list. Even me, who knows nothing about legal issues I can visibly see something is wrong here. This guys have crossed the floor.

  44. Moni says:

    Mubwera ndiyotani tsopano adani a chipani cha UDFnu? Izi ndiye zakanika, UDF mwailephera.

  45. Manyasa says:

    Declare UDF Seats Vacant please! who is Kaphale? what would happen if all opposition Mps Decide to join Govt side the way udf has done?

  46. Samuel Lwara. says:

    A Malawian, let us not leave a comic life in parliament or at capital hill rather than concentrating on real issues that could drive our country further to global recognition of civilization. Look at our neighboring countries, they are making their own paradise of economy. Remember what the legendary reggae singer, Bob Marley, song, Rat Race, which says, ” In abundant of water, a fool is thirsty”. That’s what our country has been after 50 years of independence. Shame to all of us without exception, we are a bunch of failures, corrupt and visionless. Look! a country that has people without National Identities to date, but talk of lavish budgets. What can you implement in five years budget if we have failed in 20 years of democratic governance? Sec 65 should not be an issue of concentration unless all those in parliament are above the Law, if so that’s why they harbor corruption . Who brought sec 65? Was it a donation from World Bank or IMF?

  47. Chibanja tv says:

    Failing to understand your own constitution and then call yourself a speaker of parliament, which parliament is this? Thats why MCP won’t transform and win peoples hearts with this type of useless lack of undestanding things but rather showing partisan politics. Even if it were me I would not followed such directive from one namalira Billy Mayaya and Felix Chingota before consulting. The law is very clear which doesn’t require consultation, I thought the speaker went to school and is convesant with all the standing orders of parliament as well as the republican constitution.
    Beware of these so called CSOs’ they will end your political career with one term only in office if stupidily taking into account everything they will say. The fact that the speaker belongs to an opposition party does not mean that is also an opposition to the standing orders.

  48. BJ says:

    Why opposition should always defend on section 65?fashionable lier.

  49. Ngongoliwa says:

    Udi F ikumvetsa chisoni. Yathera m’khwapa mwa DPP ku Parliament. Amenewa atha basi fotseke!

  50. vitselekwete says:

    Lawyers opinions do not a democracy make! Ordinary citizens have a right to take a stand in matters of governance. The President can be impeached. Lawyers can be disbarred and you mean to tell me MPs cannot be make accountable for their actions!! Bullshit

  51. moss says:

    Iwowa akuti achejera tidzaona 2019 nokha mudzabwela ife athu akumudzi tinavotela UDF tinakadziwa kuti mudzatithawa tinaka votera MCp

  52. Kokholiwa says:

    I am not fan of DPP but the law is clear. It says when one abandons ones party which put him/her in power. But the UDF members have not abandomned their party. Anthu amalamulo mukuti chani pamenepa

  53. Ndatopanazo says:

    Speaker aziziwaso malamulo otherwise these fake n mbala za malawyer will turn Malawi into un pleasant place to live. Lawyers should learn to defend the nation from corruption. Who doesn’t know how corrupt DPP n UDF are? So, combining the corrupt DPP n UDF, how will Malawi survive from CORRUPTION? PP is the better POLITICAL PARTY than the rest. Kaphale uyisove bwinotu imeneyi. A Msowoya musamangovera zilizonse, take ur stand as a speaker!!!! Shaaaa!!! koma Malawi!!!!!

  54. john says:

    Spinning by UDF iyi

  55. Ethurama says:

    Mr Kaphale Pano Mwajoina Ndale?Mufela Za Eni,tiyeni Nazo

  56. Ndatopanazo says:

    Whether it’s an individual MP or the Whole Party joining the ruling Party, still that is crossing the flow. The law should not be applied selectively. Mr. Kaphale is the CHIEF POLITICAL engineer for DPP & UDF joint venture for the 2019 general elections. Musapuse nao amenewa. Mayaya akuchita bwino coz our MPs are NOT courageous enough to critic such moves. Ambiri a ma MP amangofuna kukhutisa mimba zawo samaona zobwera mawa

  57. phodgoma says:

    Going beyond the power of mare human rights organization.Mayaya you could have asked for legal advice. Now you have become a fool and a greed. You think you can solve all Malawians problems. Fight for human rights not political rights of Malawians. Political rights are fought for by the political fighters/politicians themselves.

  58. Mate Changa says:

    I hope Mr Speaker has a listening ear

    The English in the said Section is straight forwad

    Crossing the flow does not literally means changing sitting Side hahahaha
    Hahahh Mayaya Attention Seeker

  59. Kodi a Mayaya bwanjiiiiiiiiiiiiiiiii???

  60. Tiko says:

    Aford inathanso chonchi

  61. Muhammad Jaffali says:

    Choka iwe ndi wa MCP iwe

  62. nkunthamasese says:

    Hőn. Lucias Banda should be the next president for UDF. Atupele has runout of ideas.

  63. vilimumu says:

    Well done Kaphale! UDF must die indeed in its cacoon

  64. chindi says:

    Kuzolowera kuba
    2019 Kaphale,Mec chair wonse,waku Moto.Foolish lawers

  65. Achimidzimidzi says:

    Their “seats are not vacant” . It is only duel membership to be in opposition and government side at the same you feel convenient to you.

    I am sure this happens only in Malawi. Changing seats at will??

  66. Bakha Nkhomano says:

    Who says Mayaya is not representing a political party represented in Parliament? Mayaya is a hardcore MCP Politician and his party is represented in Parliament. So does he have sufficient interest in the matter, yes he does. Is there merit in the petition? No, Mayaya is jobless after he was fired by Nkhoma Synod Projects office atanyambita ndalama. Then he went to HRCC kumene anakanyambita ndalama zina alongside his Reverend Sembereka. As a failed Reverend, Mayaya has nothing to do in life, hence the noise he is making on behalf of the MCP.

  67. haward says:

    Muwateteza mpaka liti? Amaliza basi amenewo term yawo ndiyomweyi we are not voting them again. Tiikapo a UDF enieni osati omvera Dpp, ndizopweteka anthu omwe tidawadalira lero akusintha zowona? Kaphale udzabwera 2019 udzawavotere chonde

  68. bwangazi says:

    Mcp and pp mps please petition the speaker!!!! Why are you afraid? You dont fight a war using borrowed soldiers!!! Use ur own soldiers!!!!! Mwamva makape inu!!!! Fight fight!!! You dont get into government on silver platter!!!!

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