Tembenu says APM did not dodge MPs grilling

The Ministry of Justice and Constitution Affairs on Tuesday clarified on the fact that the President has the right to delegate.

Tembenu (right) with President Mutharika: Clarifies that President can delegate on answering questions

Tembenu (right) with President Mutharika: Clarifies that President can delegate on answering questions

This comes amid  media stories that quote the announcement which the Speaker of the National Assembly,. Richard Msowoya made in the National Assembly to the effect that the President had delegated to the respective line Ministries.

According to The Nation Newspaper, by such delegations, the President flouted the Constitution which swore to uphold.

In a statement, the Justice Ministry outlined that Section 89 of the Constitution deals with powers, duties and functions of the President.

States part of the statement; “Sub- section (3) and (4) of that section provide for questions to the President. Section 89 (6) of the same constitution expressly states that “the powers and functions of the President shall be exercised by him or her personally or by a member of the Cabinet or by Government official to whom the President has delegated such power in writing.”

Commenting on the question that was asked in the chamber by one Member the statement said the constitution is clear that there are certain specific powers and functions which can only be exercised by the president alone but this does not restrict him from delegating.

“With respect to the Parliamentary questions, the Business Committee fully appreciated that the President could delegate his functions. Standing Order 70 and 201 of the National Assembly regulate the manner in which questions to the President are handles.

“Except for question under Section 89 (3)(C) of the Constitution, standing order 201 leaves open the possibility for the President to delegate,” reads another part of the statement.

Meanwhile, government has therefore appealed to all those who comment on matters of public interest to do so in a manner that is fair and accurate.

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22 thoughts on “Tembenu says APM did not dodge MPs grilling”

  1. Mchengasuyandama says:

    The guy has no concrete answers to the country problems, hes useless.

  2. namputu says:

    2019 DPP Boma

  3. Chilungamo Chimawawa says:

    APM is useless president. let him resign and rot at Ndata farm pliz!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  4. Bwabwalala says:

    Even some of the most feared leaders on earth like hitler,saddam,thatcher,bush,washington,truman,gordon brown,ahmadnejad,zuma,mandela,netanyahu,sharon,merkel,sarkozy atleast attended their legislative bodies to answer questions frm mps/senators/representatives.real leaders who solved their countries problems(though others started needless wars) not ours who goes around begging for solutions

  5. Dziko Phiri says:

    John,

    This is a missed golden opportunity, Our president could have articulated issues, plans and solutions to our economical woos especially after being given some days to prepare. I wonder what is the problem with our president, being a professor surely he knows how to objectively answer probing, investigative questions e.t.c.. And no MP would dare to confuse or grill him.
    Sometimes I blame his advisors, they don’t LOVE him even in the least and they don’t WISH him well. They should tell him the truth and only the truth. Probably, our president is not in sync with what is happening in Malawi.

    As a leader he should have a system of checking the advice being given by these advisors aka conmen.

  6. lipenga says:

    The analyst has spoken and I am in agreement ,the Coward’s do not make good leaders!
    What an opportunity missed here by APM to fight back with facts and vision for the nation .Something seriously wrong with the Mutharikas DNA .why Malawi can’t rise like the Brazilian’s are doing now to remove the president? signs are very clear mutharika will fall in disgrace

  7. Napwito says:

    Chidude, chidzete chopanda mano mkamwa!

  8. Kaziulika Chimugonda says:

    It is a shame, disgrace etc.. that the president delegates on this one. It was an opportunity he could not have missed. Though some of us knew that he would no show-up, we just waited to be proved wrong. The govt has three arms: executive,Judiciary and parliament. He is disrespectiful to other arms. This delegation is not right. MPs wanted to know how the president is handling issues. A representative cannot answer exactly because he is not in that office.

  9. Myao says:

    Wids, his powers are already being felt all over but he swems not up to the task, agreeing with those who want to do what hes paid for by us his employers

  10. Wids says:

    Yet we talk of reducing presidential powers and we want him to be all over

  11. David Mbendera says:

    Don’t talk absolute rubbish Sam, you know exactly what the true intent and spirit of the Constitution is and if you don’t then please resign immediately and take the rest of cabinet with you including the old dilapidated fool whom you are now trying to protect before he falls again. Please do not come up with the technical arguments you used to when practicing as an attorney.
    And while on the subject of governance rather heed what the Catholic Bishops have stated in their pastoral letter about service delivery – or rather the lack thereof. Instead of talking absolutely rubbish in an effort to protect the old fool, rather focus on the lack of service delivery in your own department and amongst your lazy judges. Then at least you will be making some form of positive contribution – that is assuming you are able to do so – something which in itself is highly debatable.

  12. Khondo says:

    Nobody is forcing him to be President. He is refusing becoz he knows he is a failure and he has failed miserably. Tinakuuzani kuti munthu failing to run a ministry can not run a country. Indeed it is too hot for him in the kitchen, JUST MOVE OUT! Tatopa kapumeni ku USA forever, via Ndata, nobody in the right frame of mind will miss him

  13. Jahan says:

    He is a wuss, a coward! That’s what he is! He just likes hiding behind the cameras and telling statistics. Understandably so though, I mean the guy is useless and the way he speaks, yho, as if he is gaggling water!

  14. Jongwe says:

    Tembenu, you are one of the people who is misleading the president. APM is supposed to appear before Parliament. Your fellow lawyer Darrenwood Chirwa quoted the same constitution to the effect that the President is supposed to appear before Parliament. What is APM fearing?
    APM himself is a lawyer, why is he failing to interpret the law? In South Africa ,Zuma goes to Parliament to answer questions, why not APM?

  15. 2016 welcome says:

    This person is painfully dull and do you expect him to gather courage to answer questions without rehearsal? Just remember how he dismally faired on BBC when Zainabu Badawi asked him questions. He was all flop. Well, he is going to delegate Ben Phiri.
    Allow me rank the presidents of Malawi from 1 to 3 and 1 being the best and 3 the worst.
    1) Dr HK Banda
    2) Prof Bingu wa Mutharika
    3) The Triplets: Bakili Muluzi, and/or Joyce Banda and/or Peter Mutharika. These three are strong competetors for mediocrity.

  16. Alice bandawe says:

    It’s this stupid right that is making him fail to run the country.full of rubbish.

  17. The Analyst says:

    O……………………………………………………………………………………………………………………………………………………………………………………………………………………….O
    Everybody knows that Tembenu is equally useless hence this illogical alibi . . . Nde paja birds of the same features flock together, it’s not very surprising.

    . . . What’s surprising however, is that with a myriad of issues rocking Malawi now, the president chooses to play possum yet any sane president wouldn’t want to miss this chance.
    . . . He would even long and ask for such an opportunity to clarify issues to some wise and some unwise and gullible MPs and the whole nation; yet APM chooses to run or shy away? What an opportunity missed.
    ………………………………………………………………………………………………………………………………………………………………………………………………………………………….
    . . . It’s quite intriguing how Obama answers questions even when he is caught unawares – coherently, clearly and with equanimity; leaving heads no any other choice but nod, in agreement.
    . . . And it was quite strange yet interesting to see Yoweri Museveni avail himself at the last Uganda’s presidential debate; answering questions and articulating issues with a clear display of knowledge of his country. Koma inuyo nde kuthawa ndithu? Utter cowardice!!
    …………………………………………………………………………………………………………………………………………………………………………………………………………………………..
    . . . It’s sad for us coz the last time I checked, cowards do not make good leaders; yet they are not known until elected for presidents.
    . . . Sad for you coz running away from answering questions in Parliament is as shameful and same as killing oneself to run away from perpetual debts from a fierce lender. Indeed . . .

    “Cowards dies many times before their death.” – William Shakespeare
    O……………………………………………………………………………………………………………………………………………………………………………………………………………………..O

    1. The Analyst says:

      die

  18. Bullshit says:

    Very stupid president on this earth so far

  19. clement says:

    There are many questions to Janjira Banda’s death. Without a postmoterm it is very difficult to figure out exactly what happened and that is sad to note that in 2016 our country does not have such facilities. I would have like to see if the vehicle was tested for any form of cinide poising. Just as Tenthani’s death was very questionable it does not surprise me that we always rush to conclusion that these death;s were due to sickness or accidents. There are methods the evil dowers can use to kill people. Were the brakes and ventilation system checked on Tenthani’s vehicle? I have worked with intelligence and one can easily put poisonous gases that are triggered by heat and can easily pass through aircondition in a vehicle to make the driver sleepy. So before we rush to conclusion lets be vegilant and examine some of these death’s otherwise we are letting the corrupt and evil people get away with murder.

    1. wovinidwa Ine says:

      @ 2 “Clement”:
      Nanu inu kagwereni uko, ndi ma “conspiracy theory” anuwo!

  20. PRE-KUNOWA says:

    so he z afraid of answering questions in Parliament, but only on MBC-TV on TALK TO THE PRESIDENT,…….SHAME.

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