Malawian citizen mounts legal challenge against Parliament’s power to investigate state bodies

• Urgent judicial review names Speaker Sameer Suleman as respondent, seeking to block ad-hoc committees probing NOCMA, ESCOM and other public institutions

A Malawian citizen has launched an urgent legal challenge against Parliament’s authority to investigate a string of government entities, in a case that could have significant implications for the scope of legislative oversight in the country.

Austin Mkoka filed the application for judicial review on 4 September, acting through his lawyer, Noel Dunstan Supedi.

The case names both the Speaker of Parliament, Sameer Suleman, and Parliament itself as respondents.

Bid to halt investigations pending court ruling

As part of the application, Mkoka is seeking an interim order that would restrain Parliament from proceeding with its planned investigations until the High Court has reached a determination on the matter.

At the heart of the dispute is the Speaker’s proposal to establish ad-hoc committees tasked with probing a number of prominent public institutions, including the National Oil Company of Malawi (NOCMA), the Electricity Supply Corporation of Malawi (ESCOM), the Electricity Generation Company (EGENCO), Petroleum Importers Limited (PML), the Blantyre Water Board and the Immigration Department, among others.

Constitutional powers in question

Mkoka and his legal team contend that the establishment of such committees would be unlawful, arguing that it falls outside the powers granted to Parliament under Section 49(1) of the Constitution.

The applicants further allege that the move has been undertaken in bad faith, insisting that public institutions must be permitted to operate strictly within the confines of their legal mandates.