Lawyer Wapona says Malawi Parliament need to have Legislative Department
Private practice lawyer Wapona Kita has said a real separation of power between Parliament and Executive Branches of government can be achieved only if Parliament can have its own Legislation Department.
The call comes amid heated debate on the famous Electoral Reforms Bill which the government fuelled by the rulling Democratic Progressive Party (DPP) is trying to block the bill from being tabled and passed in Parliament.
“A real separation of power between Parliament and Executive Branches of Government will only be achieved when Parliament has its own Legal Department responsible for drafting legislation,” said Kita.
He added that: “The powers of Parliament to enact legislation cannot be said to be separation from Executive when it is at the mercy of the executive to select which bills to draft and when to present them to parliament to be endorsed into law”.
Kita therefore called upon the government through the Ministry of Justice to consider moving the Legislative department which is currently under the Justice ministry to Parliament.
“Let the legislative department currently under Ministry of Justice be moved parliament and be under the office of the Speaker of Parliament,” said Kita.
Meanwhile, several quarters have blamed the Peter Mutharika government for making unnecessary delays in tabling of Electoral Reforms Bill.
Some have however reminded both parliamenterians from the opposition and rulling to think of the importance of the electoral reforms bill.
“MP’s must bare in mind that electoral reforms will benefit all of us as Malawians be it in opposition or government. Time has come for our MP’s to work together as Malawian’s so hat we can develop our nation together,” said Humphrey Mhango, former Chairperson for former rulling People’s Party-South African Chapter.
He has since warned DPP against corrupting and buying some opposition MP’s to gun down the electoral reforms bill.
Human Rights Defender Allie Mwachande concurred with Mhango on the need to have electoral system reshaped.
“Electoral Reforms Bill is broad but I am surprised that many who are against it are centred much on 50% +1. This should not be the case because it is about improving the general environment for Elections in Malawi,” said Mwachande.
The Electoral Reforms Bill comprises of The Constitution Amendment Bill, The Electoral Commission Amendment Bill, The Elections Management Fund Bill, The Presidential, Parliamentary and Local Government Elections Bill, The Assumption of Office of Presidential (Transitional Arrangements) Bill and The Referendum Bill just to mention afew.
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Amakamba zimenezi atasuta? It can’t happen!
I don’t know where in the world this is practised where parliament drafts bills and debate themselves, pass or reject them. Policies are made by the executive and debated by another arm of government. That’s separation of power.
That’s why in some democracies the president has veto powers. If all bills were to originate from executive then no need for such powers
Kita can not say this. He knows very well the three arms of Government and their responsibilities
Meaning of separation of powers: 1. The doctrine means that specific functions, duties and responsibilities are allocated to distinctive institutions with the a defined means of competence and jurisdiction. Parliament has a legally unchallengeable right to make whatever laws it thinks right. The exective carries on the administration of the country in accordance with the powers conferred on it by law. The courts interpret the laws and see that they are obeyed. It is a separate of three main spheres of government, namely, Legislative, Executive and Judiciary. (a) Legislative authority – ls the power to make, amend and repeal rules… Read more »
Am not sure about the merits of this idea but asking for examples, the so-called greatest democracy in the world the United States legislation is drafted by the members of Congress (parliament in our case) where every member of congress has staff that are responsible for the drafting of pieces of legislation. The executive’s responsibility, in this case, is to promulgate policies and implement them.
That’s true.