Justice Minister Msaka warns Parliament of setting ‘a dangerous precedence’

Minister of Justice and Constitutional Affairs, Bright Msaka SC, has issued a stern warning to the National Assembly to ensure separation of powers in its operations, saying rushing to courts to seek injunctions on matters deliberated in the august House can negatively affect business of the legislature.

Msaka: No lawlessness society

Msaka said this after the motion for Acting Inspector General Duncan Mwapasa’s confirmation has been halted following a court injunction obtained by Malawi Congress Party (MCP) legislator for Lilongwe Mpenu, Eisenhower Mkaka.

He obtained the injunction on Tuesday asking the High Court to interpret whether Parliament can confirm another Police chief when Rodney Jose is holding the same position while on leave pending retirement.

But Msaka said obtaining an injunction when the matter is in the floor in the House could be setting a wrong precedent.

“If the matter is on the floor and the court issues an injunction, this House will never debate anything,” said Msaka.

He continued: “One day there will be a private members bill and the government side goes to the court to stop that bill from being discussed. We are setting a dangerous precedent.

Previously, there have been some court orders served on Parliament on several issues, including Section 65 and impeachment, among others.

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Hmariwa
Hmariwa
1 year ago

A MSAKA NDIMADABWATU KUTI KODI U VICE PRESIDENT UDAWAPHONYA BWANJI AKULUWA SINCE HE WAS MY BEST COUNSEL??DID NOT KNOW KUTI NDINU DI MBULI THAN CHIMULIRENJI

mpilu
mpilu
1 year ago

akaledzera brandy, gin mma club awo
nde kumakhala mbwelela

Nalingula
Nalingula
1 year ago

Courts will always be there to interprete …When Boris Johnson Suspended Parliament the Lower Court Agreed with Him …However Upon Appeal the Higher Court Anatolamula kuti Analakwisa…Ndiye Ntchito yama Khothika

Agenda Setting Theory
Agenda Setting Theory
1 year ago

There have been many issues in the past that MPs have taken to court and this is not the first one. precedent was already set. When MPs were expelled from parliament for crossing the flow they rushed to the courts. In fact parliament make laws which unfortunately the law makers themselves don’t follow or understand. The court has to interpret

Jemusi
Jemusi
1 year ago

Well said. The court is there to interpret the law. In this case, DPP wants to do things in a hurry. Mwapasa should remain acting IG until Jose leaves office. You can’t have to IGs. It does not make any sense and is against the law.

Whiteboard Marker
1 year ago

I am sometimes embarrassed to be a real Malawian. So, sometimes I say i am from DOWA.

Mandado@147
1 year ago

No separation of powers the courts are there for interpretation of the law if you fools think you will do what you doing to police, The AG stunts and Mark Bottomani the JCE MPs think again!! People are more awake than ever now!! Thanks to his Tipexellecy!

Charie
Charie
1 year ago

Tel them Mr B ,S . don’t worry mwapasa zivute zitani ndi wa mkulu wa apolice.

Coaster
1 year ago

Ngati pali mbuli yamanu mbali imozi ndiye imeneyi tsono mukufuna muzingokokela mbali yanu nukha ku DPP ko hahaha musova

joseph Banda
joseph Banda
1 year ago

SIMUNGATHE KULEMBA OSANYOZA ENA? The article is just stating the fact. So wina kumati yavi yavi kumalalata bwanji? Chilope eti?

mpilu
mpilu
1 year ago

kathyali psipsoti uyu tamuonani. ndipsi oyi nde yatidyelatu. ku UK ma dhilu aja waowala?????? ku ma graduation a ma 1st degree aana ake.

dzuloso waocha nyumba so great renovation can happen. thats how these fools are doing..

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