Malawi Parliament has already laid down procedure to impeach President: Tembenu faults Law Society for ‘careless statements’

Malawi’s Parliament has laid down impeachment procedures for a sitting  president,  Parliamentary Legal Affairs chairperson Maxwell Thyolera has clarified after Malawi Law Society (MLS) issued a statement  calling on the House  to ensure they have the provision of impeachment procedures.

Tembenu: Malawi Parliament has already laid down procedure to impeach President: Tembenu: Faults Law Society for ‘careless statements’

In the statement, the lawyers said  the House should have clearly laid down impeachment procedures that can be invoked by the Legislature “when a President has committed serious violation of the Constitution or serious breach of the written laws.”

But  Thyolela said the impeachment procedures were already laid down and adopted by the House and require the support of one-third of the members of the House for a procedure to commence.

“We already have the procedures for impeachment in place as Parliament. It only requires a member to move a motion if that parliamentarian has the support of one-third of other MPs to indict a President or Vice-President,” Thyolela, a member of the main opposition Malawi Congress Party (MCP), said.

According to Procedures for impeachment of President or Vice-President, as laid down in Section 208(1) “A member wishing to move a motion to indict the President or the Vice-President for impeachment shall give a notice of intention to move such a motion, signed by one-third of Members of the Assembly to the office of the Speaker seven days before the motion to indict the President or the Vice-President on impeachment is moved in the Assembly.”

MLS called for the impeachement procedure hot on th heals of the K145 million a supplier deposited into a Democratic Progressive Party (DPP) account which President Mutharika is the sole signatory, according to a leaked Anti-Corruption Bureau (ACB) report.

A November 2017 leaked ACB investigative report says a day after Pioneer Investments deposited K2.793 billion payment from Police for supplying 500 000 ration packs, the firm transferred K145 million to a DPP Standard Bank account.

MLS statement signed by its chairperson Alfred Majamanda and secretary Martha Kaukonde has  demanded the office of the President to come out clearly on the matter and show its commitment in fighting corruption by “owning up and taking honourable steps in the circumstances by allowing investigations and prosecution to take its course.”

But Minister of Justice and Constitutional Affairs Samuel Tembenu in press interview hasfaulted the MLS in what he described as ‘rushing’ into conclusions in condemning President Mutharika.

He said: “It is very unfortunate that this is coming from a society of lawyers who are conversant with legal issues. This is the same error that the ACB made in concluding that the President is guilty when the matter actually needs further investigation. Now MLS is bringing the issue of impeachment as if the President has been found guilty of an offence. They should not be making such careless statements. We should understand how donations are made to political organisations. Even if the President is a sole signatory to an account that does not make it an offence.”

Section 86(1) of the Republican Constitution of the National Assembly stipulates that the President and Vice-President shall be removed from office where the National Assembly has indicted and convicted the President or Vice-President by impeachment.

Sub section (2) says the procedure for impeachment shall be laid down by the Standing Orders of Parliament, provided that they are in full accord with the principles of natural justice.

In 2005, Malawi’s Parliament opened debate on impeachment procedures to oust President Bingu wa Mutharika for allegedly violating the Constitution.

The issue of impeachment procedures caused havoc in Parliament during the first term of the Mutharika when some opposition UDF supporters wanted to impeach him on among other grounds that he ditched the party that ushered him into office.

The controversial motion was moved in Parliament by Lucius Banda, who consequently lost his parliamentary seat. Parliamentarians then wanted to impeach the President but the procedures were not yet incorporated into the Standing Orders.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From the World

  Subscribe  
newest oldest most voted
Notify of
ndele
Guest
ndele

swiss bank abale ndiyomwe izapindule ndi katangale money yathu.cisoooooni kaaamba palibeso osainila waciwili

ndele
Guest
ndele

azipita awa, turning mw into europe in 5 yrs????????????????????????????????????????????????????? zoona.??????????????????????????????????????????????????????????????????????????????????????????????????????????
my foot. koma nde akufa adzauka ndithu. camba ici grandiosity kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk
bwinja lathuli mmene lililili azayambila patipo? pokhapokha kolapshoni itatha. donor money zikuoneka zomwe zacita, ma konlakiti abodzawa, kusiya kukabisa ndalama, cimwemwe cipungu anabwezedwa pa joni akukabisa ndalama za first lady!!!!!!!!!!!!!!! eetu yes getu!!!!!!!!!!!!!!!! abambo alamula eti? tikudziwatu ife . kubisala muu plastik bag. koma ku calici pew yakusogolo.
mukazafa basi tafupa azungu zimene munabisazo. swits bank.

Ncilima is finished
Guest

This is shiit.Now I agree with Trump when he said Africa is a shit hole..Who will be the President,galu Chakwera or mbuzi Nchilima.
I didn’t know that we have mentally sick lawyers and idiot politicians
It shows now that people Are afraid of landslide.You will suffer next year mbuzi inu

Angela masuku
Guest
Angela masuku

A bribes was paid here please do notncall it a donation because then all bribes shall be accepted as donations.

JOHN
Guest
JOHN

MR TEMBENU, WHO IS SUPPOSED TO DETERMINE THAT THE PRESIDENT IS GUITY? I THOUGHT IT IS THE SAME PARLIAMENT. THE SERVING PRESIDENT CAN NOT BE TAKEN TO COURT AND IT IS ONLY PARLIAMENT WHICH CAN CONVICT THE PRESIDENT THROUGH DUE PROCESS OF IMPEACHMENT. WHAT LAWYERS ARE SAYING IS THAT THE PRESIDENT SHOULD BE INDICTED SO THAT HE CAN DEFEND HIMSELF AND IF HE FAILS TO GIVE A CONVINCING EXPLANATION, HE WILL BE CONVICTED AND REMOVED FROM OFFICE.

PAC, CHAURCHES, NGOs, CIVIL SOCIETY, DONORS, TRUMP, CITIZENS, PLEASE LETS NOT SLEEP ON OUR JOBS AND DUTIES!!!!!!

JOHN
Guest
JOHN

MR JUSTICE MINISTER, YOU ARE A LAWYER AND YOU SHOULD KNOW BETTER. WHEN THE PRESIDENT IS INDICTED, IT DOES NOT NECESSARILY MEAN THAT HE HAS BEEN FOUND GUITY. IT IS PART OF THE PROCESS OF TRYING THE PRESIDENT AND THE PRINCIPLE OF NATURAL JUSTICE IS ACTUALLY FOLLOWED WHERE THE PRESIDENT IS GIVEN THE OPPORTUNITY TO DEFEND HIMSELF.

IF MUTHARIKA IS CLEAN, LET HIM DEFEND HIMSELF THROUGH IMPEACHMENT, WHY ARE YOU BLOCKING THE WHEELS OF JUSTICE?

The Patriot
Guest
The Patriot

Mr Tembenu, no wonder you are an unelected official! Thanks to the appointment by the President otherwise you dont owe us any explanation. We basically dont know you…no body elected you to public office! But APM should know better…himself a lawyer! In Brazil, Lula is now in prison after getting a “donation” of an apartment from a company that was given a contract the government. If APM really wants to turn Malawi into Europe in the next 5 years then these kind of “donations” should stop! Malawians are NOT as dumb as Mr Tembenu and the DPP party think. We… Read more »

Birds Eye
Guest
Birds Eye

I should have been watching porn than reading this horse shit. All Malawi does is talk, gossip, hijack a ruling party, sleep with a young girl, sleep with an old man, shove tax payers money up their ass, talk some more and life moves on. Those that want Chakwela, that church boy doesn’t know shit. What has he achieved as an individual? What has he achieved for himself to be seen as a torch bearer for MW? And this old man Peter, Petulo, Aphidzo, i don’t feel sorry for this old fart kapumeni man. Let the young successful men play… Read more »

Cognitive DIssonance Theory
Guest
Cognitive DIssonance Theory

We need to define what is a donation, what is a gift,

Munyasiwa
Guest
Munyasiwa

A Tembenu asatinamize apa kuti kukhala president you can benefit from corruption. Anthu amene akuseweza kundende ndi amene anali ndi account ndipo anasinila kutenga ndalamazo. Pano anamangidwa chifukwa cha signiture. Okumbira nzake mbuna amagweramo yekha. Anakakhala JB on the same kunakakhala convoy kukamanga JB. Koma tikudikira chilungamo pa 236 billion. Mwina tidikirile leak ina to see justice at the end of the day

More From Nyasatimes