Malawi Parliament rebuffs court on blocking NGO regulation law
First Deputy Speaker of Parliament Esther Cheka Chilenje has said the High Court order obtained by civils society organisations (CSOs) blocking the House from debating a contested bill critics say would hamper charities and NGOs while giving government control over their work in the aid-reliant country is not valid and cannot be served on any legislator while Parliament is meeting.
.Judge Charles Mkandawire ruled on Monday in favour of activists who had sought the injunction of the NGO Amendment Bill arguing the law would create a “monster regulator” and erode democratic freedoms.
The ruling is temporary pending a full hearing of the case, though no date has been set yet.
Activists from the Centre for Human Rights and Rehabilitation, Centre for the Development of People, and Youth and Society group also claimed the law was drafted without consulting NGOs.
The First Deputy Speaker said in Parliament on Tuesday that while the court dully exercised its function, Section 5 of the National Assembly (Powers and Priviledge) Act, provides the august House with immunity from interferenace while in session.
“Therefore, such an order may not be served or executed on Parliament. This was also stressed in the judicial review case of 2012 in which Honourable Dr Chidanti Malunga was being charged with contempt of court,” said Chilenje.
She was responding to Member of Parliament (MP) for Blantyre West Peter Kumpalume (Democratic Progressive Party – DPP) who suggested that the courts are interfering in the works of the Legislature by granting an injunction to a Bill that was menat to be tabled in Parliament and asked for guidance.
Centre for the Development of People director Gift Trapence said some of the provisions in the Bill will stifle NGO operations.
“It is a bad and draconian law. It had bad sections that will suppress civil liberties such as the right to association,” said Trapence.
Directors of charities and NGOs who did not comply with the law as drafted would have faced jail terms of up to seven years and fines.
Kodi paja a DPP amakatenga ma injuction ku court oletsa a speaker kutulutsa m’nyumbayi ma MP amalowa ku DPP pogwiritsa ntchito section 65 parliament sinali ikukumana & bwanji a deputy speaker a Mchekawo amabvomera kuti manja awo ndiomangidwa ngati court lilibe mphamvu?
Perhaps the learned Judge missed the said stipulations in error. Or could it be that he is too jealous to defend/support the NGOs, without a legal basis?
Let’s face it though: some of these NGOs need to get their wings clipped drastically. ACCOUNTABILITY baasi.
Tikuwaona, ndiponso atikwana.
Zambiri mMalawi muno sizikuyenda due to incompetence and ignorance of leaders (Top to bottom). Kaya ndi wa dziko, Organization, Ministry, NGO, you name it.
Shame on so called judges who were only trained to issue injunctions.
Much as we need the government to be accountable, so is the Ngos. If they know they are clean sibwenzi akunjenjemera kuthamangira Kuma bwalo for protection.
Ngos ndi mbava too, who are robbing malawians in the name of protecting them. This is the right time to changes the tables.
Mps both ruling and opposition parties this issue is not about the party, its about Malawians beyond 2030.. Pass this and save malawians
We are count on you.
Kudos to parliament, .Madam deputy speaker, well done. We have not forgotten of corrupt judges, corrupt lawyers who do judge shopping. The learned man should know to respect the other arm of the government. Let this bill be debated and pass it into law. Let the ngos be accountable to the people. The problem they have is that they tow a part in politics, by playing hide and seek in the name of ngos.
Bravo Parliament! These judges should know their limits
everyone knows that the ruling party is just trying to block the NGO , your failing to table serious issues like ACB independency then your just looking for NGO which have little influence in Malawian citizen,
ma cadets just shut up your mouth whom are you educating here,
That’s the beauty of democracy, no interference. Legislature, executive and judiciary have all their separate powers but yet each of them accountable to the people of Malawi. Malawian NGOs must as well be accountable to Malawians. They claim to receive money on Malawians’ behalf. So be accountable to Malawians. And this is what this law demands. I don’t see any problem with that. Any MP cannot support this bill is an enemy of Malawians and very corrupt. This is the best law ever. I don’t care who wins in the next elections. But I support any bill that demands accountability to Malawians from anyone holding a position claiming to be working on behalf of Malawians. Bravo madam speaker. Malawians’ eyes are all on our MPs now. We hope MPs love their country and so they will all support this bill.
How can they support a draconian law. Mxii!!
Thats the way to go Parliament . Not every Jim and Jack is a representative of everyone. Shame on courts for failing to objectively interpreted laws. Parliament has ably interpreted them. Malawi courts what they know is to issue injunctions
Immunity to do nomsense?
Let parliament debate this bill and decide whether to pass or not pass the bill. Why should another arm of government interfere in the proceedings of parliament.
This is also a big test for the opposition to block the bill from passing. We don’t want to have another 50+1 scenario when the opposition MPs sided with DPP MPs to reject an electoral reform bill due to personal greed when they were greezed with hefty perks.
So you mean that the opposition does not want the ngos to be accountable?What is it so special with the so called ngos we have in Malawi. Every law if not followed, it has its consequences. The ngos are not above to dictate laws that are fair only to them. Let us also hold them responsible and let them be accountable to the so called people who they say they represent. If ngos want accountability of others why not them. If they follow the law then it will not be hard for them. Please stop supporting nonsense.
Yes that’s the goodness of democracy. Both judicially and legislature are the building blocks of our constitution. The confusion is on the supremacy of these two branches of government on law formulation. The injunction by the NGO is not against any member of parliament but against the bill to be tabled because of the nature and unprocedural way it has been fomulated. The constitution provides immunity to member of the national assembly not the deliberations. So the judicially was right to give the NGO un injunction against the bill. I think the speaker has made an error.
@Mau a July …:
NONSENSE.
NGOs will always find what they think is a loop hole in any proposition to level the playing field, and accord all players the code of conduct that promotes fair play. Period.
So, in reality, if the NGOs actually support ACCOUNTABILITY, which is the biggest thorn in the matter at issue, then let them (NGOs) suggest a possible bill towards this end. They’ll say “NO, it’s not our job to do that.” When what they really mean is that “we are here only to enrich ourselves and oppose the present government.”
Your reasoning is very poor, what makes youn think the opposition MPs will support SCOs that are not accountable in their actions? How can they represent people if they are not ready to be transparent and accountable?