Clerk of Parliament court ruling December 18

Ministry of Justice and Constitutional Affairs says the High Court in Mzuzu has set December 18 to rule on whether Fiona Kalemba will be parliament’s clerk of parliament or not.

Itimu:  Ruling set for December 18

Itimu: Ruling set for December 18

The ministry spokesperson Apoche Itimu confirmed that the ruling on the matter will be handed down by Judge Dingiswayo Madise of Mzuzu High Court next Friday, December 18 after state lawyers and lawyers for the four MPs battled it out legally last week following a court injunction that restrains Kalemba from being sworn in.

Itimu said the judge refused to vacate the injunction last week until this coming Tuesday before making his determination next Friday.

The four legislators Harry Mkandawire, Enoch Chihana, Kamlepo Kalua and Peter Chakwantha say Kalemba is not qualified to be clerk of parliament because she came third in parliamentary interviews which the parliamentary service commission conducted under the chairmanship of speaker Richard Msowoya.

Judge Charles Mkandawire is said to have come first in the interviews.

The law provides that parliament should provide three names for the clerk of parliament candidacy to the President who will in turn appoint one name out of the three.

President Peter Mutharila recently dismissed accusations that he appointed Kalemba because of nepotism or tribalism saying he does not even know where she comes from but the appointment was done on merit. Kalemba comes from Kasungu.

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You idiots can not scare Kamlepo, its a national issue dont take it personal…..where is that guy who arrested Kamlepo for months……ali kut? tieni nazo…..mwachepa inu…….Kamlepo is protected

Fathi alshshaab

Where us kamlepo being mdntioned in fiona kalemba appointment.
Dint tell md apm does nor know hsr when he publicly said shd was ths top draftman in bilks and law..mwana ndani this means hs already had endorsed her b4thd interviews..trufh reveals so

Jaicah Mwaya

There is nothing with Kalemba and What people should know is that chomwe dzanja lalemba – lalemba apa lets accept it now and Kalemba is our Clerk of Parliament whether you like or not. Your just spending Government’s Money on nothing.

A Malawi tiyeni tivomeleze Kalemba ndi M’Malawi and lets give her a chance no matter to be third position during Interviews. Game imeneyo itayeni ikuluzitsani zambiri ngati simusamala a Malawi. Once Head of State appoint someone and I hope no body can say no. muonaso apa mapeto ake mugwanayo basi and mutha zanu mthumba theeeeeeeeeeeeee.

There is nothing worth an injunction here! Kamlepo Kaluwa wants just to buy fame after along period of political-poverty. The president just did what is vested in him by the supreme law, nothing less or more. Some of these so-called legislators do not know what the law say about appointments by the head of state. After all the three names came from the same parliament, who submitted the names to the president?? and why giving him three not one?? Where was Kamlepo during all these stages?? Which law has Mutharika violated in his appointment of Fiona Kalemba?? Kamlepo Kaluwa, take… Read more »
Gerald mapanga phiri

I believe president did some show of favourism but law is on his side. He didn’t break the law but he bent it enough to fit his wish

Fathi Shehaab

Spm says does nit fiokalemba,yet he said publivly she is the best draftmanznd beingz lady of distinctionakunama akumudziwa,mot z ken kandodo aja samadziwa! Msana ndani sadziwa fisi!


The results were released
The one who came first
Was known
The first person has the right to go
To the ombudsmun office to complain
For unfair treatment




Let us assume am the judge. If 3 names are submitted for the president to choose from, then he did just that. He picked one of them. If what he did is wrong then parliament would be submitting only one name. But apparently parliament’s role is only to pick the top 3. From these the president has use prerogative to pick any of them. My ruling is in favour of the president. Ma mp opus a awa.


We heard that swearing in of clerk of parliament is just for formality not necessarily required. The clerk has already been appointed and can not therefore be removed or dismissed yet violating labour laws.
The issue to be tackled should have been changing the whole process completely. I don’t see why the President should be the appointing person.he could have approved for Judge Mkandawire or reject completely and demand for a total new interview process with a new questionnaire and perhaps with new added non partisan people on the panel.


Utimu bwelatu tikukwatile iwe…

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