Mzimba South legislator Harry Mkandawire has pulled out of the clerk of parliament case and Lilongwe Msozi South MP Vitus Dzoole Mwale has joined the case, a twist of events to characterise more during the hearing of the case.
This was revealed on Tuesday when the hearing resumed at the High Court in Mzuzu.
Court records say Mkandawire, a People’s Party legislator, will be out of the country when the court resumes sitting on January 12, 2016.
However, some legal minds say Dzoole Mwale, a Malawi Congress Party legislator has been eloped into the case because he is a member of the Parliamentary Service Commission, a parliamentary body that hires and fires staff at parliament.
Government had earlier argued thar the four MPs, Mkandawire, Enoch Chihana (Aford), Kamlepo Kalua (People’s Party) and Peter Chakwantha (MCP) had no interest in case because they were not members of the Parliamentary Service Commission.
The four members of parliament are challenging the hiring of Fiona Kalemba as clerk of parliament claiming she came third in the interviews conducted by the Parliamentary Service Commission whose chair is the Speaker Richard Msowoya.
Some staff at parliament faulted Msowoya for allegedly tailoring the interviews to suit Justice Charles Mkandawire who eventually came first during the interviews.
Government says the laws empowers the president to appoint a clerk of parliament after the Parliamentary Service Commission submits three names to him.
On Tuesday hearimg, lawyer for the members of parliament wanted the court to strike off Attorney General Kalekeni Kaphale in the case because he said he reports directly from the head of state where he gets orders therefore would not be suitable to represent parliament in the case.
However state lawyers said the Attorney General is an appointed authority mandated by law to represent all arms of government including parliament.
Lawyer representing the MPs, Wesley Mwafulirwa, said his clients challenge the appointment because the President did not follow the Constitution in recruiting Kalemba.
Among other reliefs, the MPs want Mkandawire to be appointed CoP based on merit.
Ministry of Justice and Constitutional Affairs spokesperson Apoche Itimu, who joined Attorney General in defending the case on part of the State, said there are several grounds on which they are defending the appointment of Kalemba.
Itimu said the President is the one who is supposed to appoint CoP and there are a number of factors that he has to consider when making appointments.
She said the merit system under Section 11 of the Parliamentary Service Act which the MPs want applies only to PSC officers and in this case the officers were not the appointing authorities.
Judge Dingiswayo Madise reserved his ruling on the matter until January 12, 2015.Follow and Subscribe Nyasa TV :