Harry Mkandawire pulls out of Clerk of Parliament case: Dzoole joins
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.
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Why were 3 names sent to the President? I think it meant that the three passed the interviews? Kodi anthu ena amaganiza ndi mutu kapena chiyani?
My dear honourables, why are you spending energy and resources on a thing you surely know that you will lose. What made the speaker to send three names to the president? Can MCP take a different approach other than the style which made it lose the elections? Dr Chakwera, you are going to lose again if won’t change. Remove Kabwira from her position in the party.I like your party but I don’t love it, WHY?
Mcp is stupid to partner with the selfish and tribalistic tumbukas. Mcp should have been spending inroads into the populous south. Dpp on its part is making inroads into the centre through its heavyweights chilima, jean kalilani and Samuel tembenu. Mcp should learn from jb who made the same mistake of going to bed with the selfish tumbukas and the net result is that zomba didn’t give her its vote. Mcp don’t say you weren’t warned
God fearing!My foot. Why should only the opposition ‘fear’God and the ruling party to do as they please. There should be no double standards. We are all equal before God and the Law.
Manyamba you have an empty head.
Chewa Federal iwe dont show your tribalism here. So chakhwantha should have shut his mouth simply because Kalemba is from Ntchisi? Mulalowa Boma muzakhalanso chete pa nkhani za Achewa on appointments?
just know that the mcp and his msowoya thing is decampaigni ng dpp with the leadership. Ndinaonela pa school fees. Macircular otulukatuluka pano tikudikila ina yoti boma lachita rescind decision . Mbusa sagona kufuna ku sanjika. Mmene mwenye sagonera ndi mkhristu. Ati anaiwala muhamad abadwa pa24 dec.matruck mbweeee mtauni kufu attention .anthu aone kuti they do exist. Aboko haram.al shabub al quieda mtundu wosokonyeza.
This country and People will continue suffering 2019 If APM continue to be president. Malawians have to be wise not vote for region but change. There is NO chance donors will give money to Malawi with DDP government.
The speaker msowoya is avery tribalistic person…he want someone from the north…ndipo these MCP dundergeads parliamentarian are being toyed by Msowoya
Merit doesn’t mean demerit. The law says the appointment should be on merit. The literal interpretation of the law must be construed. If section 11 of the Act requires that officers should be hired on merit, it does not exclude the PoC. Presidential directives are mere orders not the law. Judicial review is of significance in the matter to interpret whether directives from a president constitute part of the law.