Expert says nothing wrong with Speaker giving progress report to court
A governance expert, accountability and political analyst fro University of Malawi’s Chancellor College, Henry Chingaipe has said there is nothing wrong with the Speaker of the National Assembly Catherine Gotani Hara giving a progress report to the Constitutional Court (ConCourt).
The Speaker wrote the court through the Office of the Registrar of the High Court and Supreme Court of Appeal that it received communication from President Peter Mutharika that he had rejected all the four electoral Bills.
On February 3, the ConCourt made specific orders to Parliament to use its legislative powers to enact legislation for the electoral commission and stakeholders to abide by the Constitution in the conduct of presidential election in the country within a period of 21 days from the date of the judgement.
According to Chingaipe, what Madam Speaker did in informing the ConCourt is what is expected in parliamentary administration within the and division of functions’ scheme of ‘separation of powers’
“The Speaker’s reporting to the Constitutional Court is good parliamentary administration,” Chingaipe said in post on his Facebook account.
”Parliament is informing another branch of government about progress on orders that were made on the basis of separation of powers and division of functions.
“The reporting is administrative. It does not amount to the Speaker suing the President. By the way, when Parliament passed the Bills, the Speaker similarly reported to the Constitutional Court,” he said.
Chingaipe said Parliament will have to reconsider the Bills and the reasons the President has given for refusing to sign them off, saying that 21 days must elapse before the House can be called for this purpose as stipulated in the Constitution.
According to a statement issued by Assistant Clerk of Parliament Leonard Mengezi, the National Assembly is aware of the procedure to be followed when the President has withheld assent and is committed to following the procedure in the current situation.
“The National Assembly has a leeway of up to three months from the 14th March, 2020 within which to re-introduce the Bills in the House for consideration and if passed, to re-submit the same to the President for assent. This is stipulated in Section 73 (3) of the Constitution.
“In this regard, the National Assembly in May, at its next Meeting, will retable the Bills for consideration. Should that happen, the National Assembly will once more update the Constitutional Court,” reads the statement in part.
Last month, three Bills were presented in Parliament: The Private Members Bill (PMB) Number One of 2020, Constitution (Amendment), PBM 3, Parliamentary and Presidential Elections Act (PPEA) and the PBM 2 Electoral Commission Act (Amendment) Bills.
The Bills were presented in the House by Lilongwe City South West MP Nancy Tembo and Nkhata Bay West legislator Chrispin Mphande as Private Members Bill (PMB) Number 5 of 2020 and PMB Number 4 of 2020, respectively.
The proposed amendments requested a more than 50 percent majority to secure a second term — a major sticking point for Mutharika, who was declared winner with just 35.8 percent of the vote.
Chancellor College law professor Garton Kamchedzera said the fresh election is not dependent on the coming into law of the Bills and that requirement for at least 50 percent + 1 of the votes is also not affected.
Mutharika has filed an appeal against the court’s annulment of the results and refused to fire members of Malawi Electoral Commission, as recommended by parliament.
Another Chancellor College legal expert Edge Kanyongolo said the Malawi Supreme Court of Appeal will be the only hope “address appropriate orders” for the preparations of the fresh presidential election following the rejection of the Bills by the President.
Malawi’s Supreme Court is expected to rule on Mutharika’s appeal in April.
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Brothers and sisters of Malawi Chingaipe has only advised the Nation what Gotani Hara duly did.She consulted and told to take the matter back to Concourt for a way forward and I dont see any lawyer in the Country to quash what ever Gotani had written. This is the reason why Mec opted to hire outside lawyers because there no any other lawyer like kaphale who can defeat our Malawi High Court Judges SCs. What people do not render their vision ahead of it that what Mec chair is doing now is to take all these matters to Peter and… Read more »
Ma expert. A mere PhD does not make you an expert. Full of bookish knowledge. Mukapanga tima project ndi azungu then travel to some countries to speak your theoretic proposals basi mwasanduka a expert??? Koma nyasi izi ndithu.
We call this damage control. We know the speaker is not reporting to the concourt but rather seeking guidance. The latter is what she has been trashed about. Even in the case of the former it would be strange even to pursue that course of action. She is not mandated to pursue that course but rather allow for the next step to be initiated. We all know this speaker is more partisan than all the previous ones. She has to fly above partisan politics if she is to have meaningful legacy in Malawi.
A Tumbuka mwagundikatu. This poisonous hatred is what has made you not be able to sustain a political party in the north. You dominate the judiciary where mostly tumbuka judges are spouting unconstitutional judgements. Now you think MCP and UTM carry your interests. Muuponda. You will keep following as per the silly guidance of Livingstonia Synod.
When you punish north Malawians you are happy, Why don’t you allow them to stand on their own, what are you afraid of? They are the only hope for better malawi without them the country will come to its knees.Kupepera ,kusaganiza bwino kwanuko , mumathamangira kuganiza zomanyoza atumbuka chikhalireni chigawo chakumwera ndikomwe Kuli umphawi wandiwe yani.Love education it will open your mind so that you should be able to differentiate between good things and bad things in your life.North Malawians are good in their heads.Even Kamuzu Banda knew about that,Bakili Muluzi knows that, Bingu wa Munthalika knew that fact thus… Read more »
The truth is, Northerners punish themselves because of selfishness and evil-hearted behaviours. Tinathetsa AFORD ndife? By the way, why does the north complain if you are educated people? You have filled the judiciary, CSOs, civil service, key international organisations. Poverty in Malawi is not there because we have had presidents from the South. It is there because of backward and evil mindset like yours. That backward mindset is mostly found in US as black people and that is why Africa is backward. If we had presidents from the north, Malawi would be even more poorer because of kudzikonda kwa anthu… Read more »
Gotani is dull and partisan. She knows she can’t change the constitution as per the myopic ConCourt ruling.
Banda, you are the one who is useless.Members of parliament were asked by the court to do their job which they have done and they need to report to them again.If the court judgement was insupport with DPP by now that country would have been on fire,u can’t see that.Wrong things are wrong no matter how long it takes Munthalika will leave the power to someone,God has the blue print of any country, sometimes he wants to teach people some reasons.Some will learn hardway.Leave the speaker alone.
I have realized that most and if not all Cadets, are just manyi, they comment just because they want to be known but they are nothing, useless, in fact they are viruses in the community, I mean they don’t think at all. Dead chicken! Gotani Hara Ali ndi Mphavu pa Malawi, even your President knows that. Ofunika tiyambeso school ya Kwacha ndithu. Nkhumba zinazi kusava English.
The problem is that cadets have always demonstrated myopia. They can not read between the lines of the matter, or if they read they refuse to understand. We are well told she simply wrote to inform and not necessarily complaining for action by the courts. And so cadets wanted her to wait for the committee to deliberate the matter first before informing the court!!! Never make noise if you are still empty!
Its the problem of entire cadets if they want to buy time because of fear of pending knock out
It is the opposition MCP, UTM, HRDC and corrupt judges who are trying to rape our constitution. So far, they have failed because Gotani failed to get 2/3 majority to change the constitution. Very soon, Gotani, Concourt and Supreme Court judges, HRDC, MCP and UTM will realise that a constitution cannot be changed to suit short-term interests.
Don’t blame cadets. READ what our constitution says.
The speaker wants the bills signed into law only because one of the provisions extended her term of office from 5 to 6 years. Greedy MPs passed the bills because of extended benefits alone. Gotani is hiding behind the court to get more salary and benefits for her fellow MPs. And extending term of office for current crop of MPs is simply waste of money. This parliament is the worst ever. This parly got injunction to stop itself from appointing IG of police and audio general, this parly conducts inquiry when directed by courts. This parliament behaves as if it… Read more »
The speaker is clearly intellectually out of her depth. In the previous article she was quoted as having said she is seeking guidance from the court which basically means she does not know what to do. She is not in control of the legislature and is basically subcontracted the judiciary to run what is supposed to be separate arm of government. Our stupid MPs should look at ways of recalling the speaker, she is not capable at all.
Gotani needs to Google how Nancy Pelosi performs her duties….. Iam ashamed of this speaker.
Procedure, procedure and procedures…..the Speaker is following procedures not the CADETISH way of handling parliamentary issues…..
CADETS, WAIT FOR THE BOMB FROM THE MIGHTY SUPREME COURT OF APPEAL AND FAINT……no presidency after 150days…mwaba misonkho yathu mokwanira!!