Law expert says Malawi Parliament risks contempt of court

A constitutional law expert has warned Parliament that it risks contempt of court if it goes ahead to present the NGO (Amendment)  Bill in the 193 strong House after the High Court stopped the tabling, debate and passing of the bill.

Deputy Speaker Mcheka Chilenje: Courts cannot enforce an order on Parliament while it is meeting

Edge Kanyongolo, a professor of law at the University of Malawi’s Chancellor College, said the best parliament could do was to fight the court injunction in court so that it is vacated.

This follows a decision First Deputy Speaker Esther Mcheka Chilenje to ignore the court injunction arguing that  the courts cannot enforce an order on Parliament while it is seating.

Mcheka Chilenje described an injunction stopping the tabling of a bill as irrelevant.

But her  ruling has opened a can of worms about the kind of legal advice and directions the Office of the Speaker receives from National Assembly officials.

“The judiciary has powers to issue court orders and injunctions which parliament must obey. Parliament should challenge the court injunction in court,” said Kanyongolo.

Opposition members of parliament and civil society organisations want the bill be withdrawn from parliament and proper consultations be made as well as some amendments before it is tabled in parliament.

Centre for Human Rights and Rehbilitation, Centre for Development of People and Youth and Society took parliament to court to stop the government from tabling the bill in the House.

Malawi Human Rights Commission has since asked for the withdrawal of the bill from parliament and it should be reviewed thoroughly before it is tabled to be passed into law.

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Dipipi wa YudiefuJJ Mbewe/pathfinderKanyimbiCashgate1Fam Recent comment authors
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Dipipi wa Yudiefu
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Dipipi wa Yudiefu

NGOs CSOs etc have problems indeed which need rectifying but you don’t do it to completely destroy the institutions. Bingu was not particularly happy with the financial part and tried to strangle them in that area and this government does not like the way it is being checked on governance ndi kuba.

Dipipi wa Yudiefu
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Dipipi wa Yudiefu

Malawi parliamentarians need mob justice almost like what happened when Bingu was president when some disgruntled citizens marched to parliament and threatened to beat the members of parliament. This time there is no need to go to parliament but they have to be beaten in their own homes. If Malawians can storm the police station what will stop them from exercising mob justice on an member of parliament who only goes to the August house to debate for his own benefit. Members of parliament are helping greedy leaders to destroy this country.

Kanyimbi
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Kanyimbi

Dzulotu ndafunsa kuti bwanji parliament imalandira injuction ya section 65 yoletsa a Mcheka kuchotsa aphungu omwe achoka kuzipani zawo ndikulowa DPP? Lero chabvuta ndichani osamangidwa manja mai Mcheka?

Fam
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Fam

Just pass that bill please. Why should the judiciary interfere with the proceedings in the parliament house? We have precedent from the same courts which show that this injunction is irrelevant. Proceed please! Mature democracy demands accountability from everyone who claims to be representing the people. NGOs claim to be representing Malawians. And this law demands NGOs to be accountable to Malawians. What is wrong with that?

Alex Banda
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Alex Banda

At last someone is treating the judiciary with the contempt it deserves. It’s pleasing to see how parliament is making fools of Andrew Nyirenda and his helpless crowd who have proved themselves to be totally incompetent in discharging the duties in respect of which they took an oath they will do. Until such time as the current outstanding caseload has been discharged, which will never happen, we will continue to ridicule Nyirenda and his useless crownies.

Cashgate1
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Cashgate1

Seems you’ve a beef with The so called Nyirenda. Understand why there is 3 armsnof govt.

Dipipi wa Yudiefu
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Dipipi wa Yudiefu

If it were in other countries all lawyers were going to march and refuse to work until the courts have attained their respect. This is bound to create a precedence for ever.

Thyolo Thava boy
Guest

Mchekachilenje is being used by her party, she is just tarnishing her image, she was a good lady a christian based at CFC LL , but now she is listening to a wrong voice from the evil one. Think twice Esther

Katakwe
Guest

JJMbewe /Pathfimnder, Parliament makes laws I agree, but disagree that courts implement those laws if this is what your Chichewa version of kugwiritsa ntchito means. Let me school you. Courts do not implement laws, but rather interpret laws.

JJ Mbewe/pathfinder
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JJ Mbewe/pathfinder

Ok my brother Katakwe, kuphunzira sikutha.

Section 65
Guest
Section 65

In the quest to gag the CSOs, parliament is desparate indeed to the point of despising the court

Agenda Setting Theory
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Agenda Setting Theory

Parliament is in contempt of court and court is in contempt of parliament. This is a collision course.

Fam
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Fam

@Agenda Setting Theory

Hahaha wandisekesa adha. But I get your point. And you might be right.

Make Malawi Great
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Make Malawi Great

Deputy speaker is under the spill of her party dpp….Let the law take its course these fools never learn forcing matters makes it worse! Fired AG over ruling of UTM registration, all these injunctions against these idiots… the executive arms of govt, the judiciary is still powerful! Your in contempt of court! Mlw has Law makers who don’t know you challenge a court order in court not by ignoring it koma malawi yet your president is a law prof. lol

Galandi Masitila
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Galandi Masitila

Akulu inu the fact that our president is a law professor doesn’t mean that he should intrude in all state legal matters otherwise ife tomwe timunena dictator. Tongoyelekeza kuti tasankha wankhonya as president ndekuti kulamulira kwakwe kuzizaonetsa zaubokshen?

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