HRDC drags DPP MPs to court for contempt over: Abstained legislators to be indicted
At least 85 Democratic Progressive Party (DPP) members of parliament who on Thurday shot down a Constitutional Amendment Bill to have a provision for a run-off in case no presidential candidate garners over 50 percent of the total votes cast, have been dragged to court for contempt.
Lawyer Ayuba James also said Human Rights Defenders Coalition (HRDC) has also instructed him to take the 12 members of parliament who abstained to court for the same offence of contempt of court.
“This amendment did not just come from the ordinary, it was an order of the Constitutional Court. The National Assembly was duty bound to pass the bill,” he said.
The amendment bill was defeated after it failed to garner two thirds majority vote in the House.
Any constitutional amendment requires two thirds majority which means 128 legislators in in the 193-seat National Assembly.
There were 183 MPs present out of whom 109 voted ‘Yes’ while 72, mostly from the government benches, said ‘No’ and one abstained.
Ayuba said any court interpretation becomes law automatically- essentially means that 50+1 majority of the votes for electing a president is a law and would be used to determine the results.
He said anyone, including parliament, are duty bound to respect court orders.
In its judgement of the presidential election case on 3rd February,2020,the Constitutional Court clarified that Section 80(2) of the constitution already provides for the 50+1 system of voting but asked legislators to come up with a law that would necessitate a run-off in case no candidate gets over half of the total votes.
This is what has been defeated.
Parliament was meeting Friday afternoon to consider the consequences of the failure to pass the Bill.
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I see really that we are in a crisis indeed. Unless a learned fella enlightens me, osati anthu omwe mwatenga airtime from Sidik Mia to confuse us on social networks.
My question: In light of the constitutional verdict, I hear some parties saying the 50 + 1 is already a law. By virtue of what. The court’s interpretation or indeed we were wrong all the time to use first past the post.
Question 2: Where do we draw the line of independence between the judiciary and other arms of government.
Question 3: Isnt there a common thread in all this trying to pass laws for present convenience without foresight of future implications. For sure we are at crossroads which demans more deliberations and less impromptu thinking.
Someone learned please clarify.
Please the likes of Lxx etc omwe mwatenga ma units a Mia don’t respond to this.
I think Mutharika and his DPP need to be schooled on the lawful implications of the Feb 3 2020 court judgment and the orders the court gave because it looks like Mutharika and his DPP are bent on not implementing them. Mutharika and his DPP have a court ordered 150-day mandate to run the country to facilitate the implementation of the court orders. If at the expiry of the 150-days the courts orders are not implemented, the court WILL NOT AGAIN order to ‘revert to the situation before the elections’ because it will have been ‘observed’ that it is Mutharika and his DPP that are frustrating the implementation of the courts’ orders. The court will most likely order a’ jointly run government’ (which will be most distasteful for Mutharika and his DPP but could get courts orders implemented!) or an arrangement that will make sure the courts orders are carried out!!!!
This now where the true colors of Mtambo is being exposed. He is an agent of opposition, if he thinks he can sue n win this casa then surely it means the judiciary is fully under the armpits of Chilima/Chakwera who are his masters.
To cut the story short. Judiciary n Parliament are two separate arms of the government. They are independent of each other, meaning one cannot command the other on what to do.
HRDc does not not represent Malawians. MPs have the duty to reject or pass any bill whether one likes it or not such powers care given in the constitution. The duty of court is just to interpret. No where in the constitution it is written that courts should impose orders on Parliament to change laws. Why did the court fail to implement that provision. This is democracy and not dictatorship where people have different views and should be respected.another court has already ruled that çoncourt orders are not binding.
Vuto LA ma MP athu ndi savage ndi umbuli. Tiyeni nawo. Court judgements are not for voting and there no issues of rights. The court in doing so already considered majority rights.
Bakha Party take care
The judgement was clear parliament must make measures.This is not voluntary but mandatory.No yes or no debate.Who said you have freedom to say yes or no to court order where are these privileges in our laws or which standing orders you can cite for us there is none.The speaker should just gazzette those procedures period.we are tired of crooks and selfish people.we want just and new malawi with great minds not ukhuluku always.yourtime is over.Amen.
The foolish judges need to now understand that MPs can reject a bill and that they as a court cannot command parliament to pass laws. We are proud of our MPs for protecting our constitution.
I think members of the parliament have rights to decide on behalf of the voters,
If their constituencies didn’t allowed them to do so, so what.
If it was a law why never implemented in 1994 1994 2004,2009 and 2014.
If it was already a law for 50+1 which president put his signature.
HRDC u are wasting your time because anything involves with votes in parliament requires political will.
in our democracy we voted for it no one can be dragged into a court for voting against someone’s will.
If court ordered parliament to pay bill then failed to do so u can dragged them to court.
Even if you may take them to court but they voted accordingly to their own will not ur will.
It will be very interesting to hear from you in the court.
There is no proof of consultation with the mass, if the proof is available it should be the one the government of our forefathers converged during constitutional conference when coming up with our laws which the judges have interpreted so well. What the DPP MPs are doing now is just trying to put scanners in the progress in fear of elections
Mtambo more fire……waaonesa aDpp nyekhwe
komabe tivota basi
Mtambo is right because dpp like to give a bitter pill to others and now is time for dpp to taste its own kind of medicine. Some silly cadets are arguing 50+1 will kill the north politically, that’s a shameless lie rather it will unite and align the north along the whole country because all regions will need each other to win elections. Do anyone remember what dpp said in 2014? Maybe everyone forgot ” we will win the elections even without votes from the north”, because they took advantage of a stupid system and use the numbers in their back yard to oppress the majority. North can not win the elections even if we continue with the current system but 50+1 can make the north to be king-makers to either south or central and can use their small king-making voice to demand a strong position in government. They can put weight behind a party that reasonates with their values to reach 50+1 and demand their needs and respect in return and south or central will have no choice but to co-operate because it will be for us-all or for no-one. Don’t you honestly think mcp could easily win the 2019 elections if it was not for the north voting for Chilima? So let’s give the north 50+1 as a platform to gain respect they deserve and voice themselves up.
Sometimes timaziyamba dala. The court interpreted that the current law means 50+1. And ordered members to formulate procedures to implement the law now members deliberately chose not to? Amangidwapo dala apa and they will lose their seats due to conviction. Let’s take them head on. People blinded by nepotism and corruption should not be given space and time to perpetuate the vice.
This is very stupid. MPs have the right to vote the way they want. Otherwise, it was not necessary to put the bill to a vote.
Take the 50+1 issue to the people in a referendum….if DPP MPs want to cause a constitutional crisis then they are kidding themselves. We know that they are bitter becoz they lost the election court case. But there is a time when the country comes first and partisan politics second.
My advice to the opposition MPs is that do not debate or approve the budget until this 50+1 issue is passed.
The DPP MPs should be sued for contempt of court……..Why are they afraid of 50+1, time for regionalism politics is gone, APM & your DPP get over it whether you like it or not
Separation of power
That’s the trouble when you have a parliament full of ma bulutu. Kodi paja mwati ena anali ochemelera ma mini bus?
The foolishness of HRDC – Mtambo and Trapence is that they do not look at themselves in the mirror and that they do not listen to the things they say. Parliament is sovereign which means MPs have the right to vote on bills the way they want.
Its not Ntambo, its the court. These people against 50+1 .If not today may be tomorrow, they will have to answer about this court order
Usova cadet
Can Mtambo also take ConCourt judges to court for giving their judgement? How stupid is HRDC not to understand that MPs have a right to reject or pass bills?
HRDC, you are acting at a high supersonic speed and you don’t even know your limits. If ConCourt gave it as law, there was no need for Parliamentarians to debate on it and be given chance to vote. The court new its limits by giving the parliament to make it into law. Remember there are certain areas that become case laws but where the court gave it to Parliament it wanted parliament to make it into law. What court ordered parliament to do has been done , that is debating on the concerned issue.You HRDC, you seem to become the commander of everything. Time will come when your situational leadership will end. But uuuuuuuuuu! You will regret one day. Time is coming soon.
Timothy, now its time to reflect on your strategies. One of the reasons why the bill was shot down is because of you. You wanted to bully the MPs into doing something they are supposed to do so that in the end you should get credit for it. I have always supported your cause, but there come a time to reflect on ways you want to achieve your objectives. So far they have not worked
Retard
I totally agree with you, Mtambos strategies have become a witch hunt, what was his aim of going to parliament? Is trying to bully parliamentarians, they have the right to walk away.
Kikiki it’s the prerogative of members of Parliament to pass or reject Bills. No judge can compel the MP on how to vote or indeed punish MPs for not voting. But this being Malawi anything is possible… I would also be surprised if the judge does not order mec to foot legal bills for this hrdc case 🤣🤣🤣🤣🤣🤣🤣🤣
You’re stupid! Then why were they voted to represent their constituencies if they don’t want to participate in parly affairs? Then they should give up their seats to productive citizens. They’re getting paid with taxpayers money to do their job!
Ask your chakwera
Those who voted did their job whether to your favour or not.
Even those who voted did not seek mandate to vote yes or no from the people they represent.
Common sense is not law. MPs are duty bound to comply. The MPs who absconded are stodges (dull,I have no respect for such honorable, belly stuffed idiots.
You are too bitter to reason properly
@Mzeed
Judges make court determination or ruling based on the law. In other they interpret is already in written as law of the country. For example they cannot rule that MEC should pay school fees for your child. Stop being indecent and crazy in your thinking
Timothy Mtambo where were you all this time. Malawi really need leaders like you, so strong and courageous. Please don’t stop the good job you have started, we are behind you till 50+1 is in effect. We are atching what is happening and we will not let anyone stop us sharpening our future.
Time has come when Malawi should rise up from the deep sleep. HRDC God should protect you as you are fighting this battle, I know it is not easy but we will make it
He is another Wandale who ended up into a psychiatric clinic. He is not a normal person but a psychiatric patient who is moving ignorant people to a wrong direction.
Mtambo will enter the history books as the very first freedom fighters John Chilembwe and Kamuzu Banda fearless and patriotic
Pure delusions of gradeosity
Their seats should be declared vacant tikavotere MP ofuna ntchito when we will be voting for president. Take them head on!
So why was it tabled to be voted. If it was a constitutional order why not just implement it?
Zopusa basi
Let help you, incase you don’t know its law but they needed have moderities incase no one has 50+1 votes, I. e run off
Why is run off missing in the Constitution. Do we need court order to make new law
Namatetule koma mbuli yachabechabe, nkhani ili apa siyoyika bill kuti yikhale lamulo latsopno koma kukonza bill yoti 50% + 1 vote yikalephereka azipanga bwanji. U Cadeti ukupwetekani a Namatetule.
Oh! wanted to comment but just noticed mrs mutharika has just schooled you.
No need.
Anthu okonda dziko lawo…..nthawi yonse kumbuyoku timasowa atsogoleri ngati Mtambo,musasokoneze ngati iye akupangila chipani ai we are malawians not chipani omwe tikuvutika.More fire mtambo.
dziko lake liti?
wa opposition uyu akumenyera nkhondo a busa anyau aja.ochakwera
Then is it wrong to be in opposition?? You think we will all be in gvt…that’s why we voted for multiparty politics cause we wanted that freedom. We can’t call you achigololo cause we are civilised but we accept yo be called Nyau…no need to fight for barbarism and archaic thinking
Then Chakwera is good for all corners of this Country want him, idiot! Zimamina pa mphuno.
Mtambo Machine wonyamula ndi machine anzache! Munthu wokonda dziko lake!
No court here. You were defeated yesterday. That’s DPP members of parliament didn’t want Ntambo
koma mtambo opposition yaigwilila ntchito aise,akazawina ndkupanda kukupatsa u minister mmm ambuye azawakanthe ndi mphezi
NGOCHEPA U MINISTER KWA MTAMBO, ATAYIMIRA U PRESIDENT AKHOZA KUCHITA BWINO KUPOSA ATATU MUMAWADZI AJA OLO ATAPHATIKIZANA PAMODZI!!
taona anthu ovuta ife kulimbana ndi boma leni leni osati izi.awa ndi agent wa opposition
@Wa Nyau, please give examples of anthu ovuta. You mean Mchacha and Dausi? Hehehe
kunali ngaa Mtafu amalume,amazunguza mu parliament mpaka Speaker kugwa ndi BP,kufera pompo ndye mukanene zoba uyu
Manyazi agwile mtengo
Please like a sensible citizen dont act like you have a head full of water black in colour
speak like a sensible person
no one is better than the other
Siza Mchacha zanu zija! Kodi mwasiya zoyenda pa nseu? Mwatopa kale? Kikkkkkk that’s not fair please go go go go go go!