Parliament ponders court action over rejected electoral reform bills
A parliamentary committee official has suggested that parliament might go to the Constitutional Court if the House fails to pass the electoral reform bills by this Monday.
The Constitutional Court ruling gave an order for parliament to pass the electoral reform bills by close of business this Monday.
However, Democratic Progressive Party (DPP) members of parliament have been playing political games to frustrate the passing of the bills to the annoyance of most Malawians.
But the chairperson of the Legal Affairs Committee of parliament Kezzie Msukwa said parliament might go back to the court for guidance if the DPP members of parliament frustrated the passing of the bills on Monday.
“The behavior of some of our colleagues has brought in a Constitutional crisis. We need to go back to the arbiter, the court. The court trusted us with the mandate to do the needful but we have instead brought in politics. We will have to go back to the court for us to do what is good for the country,” he said.
Msukwa also said the Anti-Corruption Bureau might investigate reports that some members of parliament received money to frustrate the bills.
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Let us see ngati utambwali ungapitilire a CONCOURT AKAKAPANGA NULLIFY ndi ma MP omwe………proceed Kezzi go and report that zachibwana zija zidakapitilira….uwona alira chweee kuthamangira ku parliament pompano!!
If DPP members of parliament reject 50+1 elections will still be held and any winner with lower that 50+1 will be challenged in court and another election will be done till 50+1 is achieved. The problem is 50+1 is already there but
the issue is what happens when parties fail to get 50+1, the current sitting is to extend the 50+1 into a run-off which other misguided members of parly are rejecting
Tell Mitambo he should not use force koma atiphembe kupanda apo ayiwona Bangwe tikanaso lero
Why can’t you ask, the ACB to investigate Mtambo, rather than MPs, go back to civic education and learn the three arms of the government, Executive, Parliament and Judiciary. One thing we must know is Judiciary has no right to order parliament what to do or not to do.Learning idiotic ideas is really driving us backwards, The moment some laws are rejected, you say it’s fishy and has to be investigated. Investigations must start with the 5 Judges.
To investigate Mtambo over what?
The downfall of the DPP party is near.
true seems no concortion , not even AYUVERDA can heal them. Grave is their destination now.
Has the MPs right for a vote been suspended by the judiciary? Has it now become a crime to exercise a vote? Quiet interesting
The MPs were supposed to vote to determine the legality of the of bill.What do you expect in a Yes or No vote? Painfully speaking that is how parliament is independent.There is no way the courts can dictate parliament to pass the bill into law by way of voting,these spheres of govt are completely independent of one another, A game of chess, who will be checkmated? Lets wait and see
If one reads the ruling now it appears it is the worst ruling ever. Mercenary lawyers.
Do our judges know how parliament works? MPs debate bills and vote on bills. If that is the case, a court cannot command MPs to vote a certain way. Mwayaluka ConCourt judges.
Afra and Viva are still bulutus as they were during their birth. 5 judges cannot err in such judgement. APM is not a Lawyer himself but rather pretend to be. In actual sense he is another EDUCATED SAVAGE who is just being dragged by street vendors to contradict themselves. Very shame indeed. Poor Malawians !!!!!!!!!
Aaa! honourable Msukwa or mr Msukwa, do you know the meaning of legislator or MP? It means a LAW MAKER.
Laws are made in Parliament that is why you are voting on this 50+1. Our Con Court surely erred on this one that is why they could not implement it coz they dont make laws.
Additional on that you must remember that the reason of voting on this 50+1 is either to pass it or not. you expect one of the two. The MPs have the right or the powers whether to pass a law or not. No judges come and make a law in Parliament and laws are not made out of Parliament.
Why wouldn’t 5 judges error? What about when they get a bribe? Have you critically looked at the judgement and seen that it has got problems. The judges cannot order parliament to enact a law or laws. Parliament is sovereign – it does not just endorse bills. It debates and votes? Why because bills have to be voted on. The judges cannot tell MPs how to vote. MPs have the right to reject a bill. Now, did the petitioners ask the court to interpret ‘majority’ in the constitution? Why did the judges stray and determine on 50+1. Answers to these questions lead you to the fact that the judges are either corrupted, incompetent or foolish (or all of these). It is simple logic. A competent court does not make judgement on purely political matters. Those corrupt and incompetent judges have just shamed themselves.
The author of this comment is certainly a well educated person
Nick, if the elections were invalid what are the invalid MPs doing in Parliament?
The valid MPs are the Kabwiras, Kaliatis, winikos and similar others.
very interesting indeed. today MPs claim seperation of power but the same MPs when their seats declared vacant run to courts for relief what ironic situation.
Dissolve parliament coz according to con judgement the constituency tally centers were illegal meaning that all the mps and councillors were illegally elected. Palibe nyumba yamalamulo apa. Tiyambila one ngati chigamulo chimenechi sichiunikilidwa bwino. This constitution crisis will be for the betterment of APM and DPP. Seek political solutions for political problems. Court, violence and force won’t help us. Where is separation of power. We have three arms of government, Executive Parliament and Judiciary.
Malawi’s politics are a complete mess I am sorry to say and commentaries like this are no better. Is the President really saying that he “ACCEPTS” the ConCourt’ ruling that the 2019 election was “invalid, null and void” because of “widespread” irregularities, and yet declaring the ruling against this flawed election to be “a SERIOUS SUBVERSION OF JUSTICE” and one which “inaugurates the death of Malawi’s democracy”.
Which one is it going to be, Mr President? Is the ConCourt annulling a bad election or is it inaugurating the death of Malawi’s democracy? It can’t be BOTH ! It is the duty of political commentators to point out these contradictions not to create more !
The concourt brought the mess by dealing with an issue that was never pettioned. The learned men have fooled you.
Do not gag MPs. It is their right to reject laws. Tell your idiotic judges that they erred. Parliament is independent.
DPP MPs are like lunatics. While at the time they support that Constitutional amendment of the electoral bill needs 2/-3 majority in parliament they illogically and bizarrely argue that the majority for electing the WHOLE president of the country should be less than 1/2 (50%) of the vote count. They change terms and conditions for the definition of majority as it suits lunatic minds. They call it subversion of justice. Typical bizarre Jezebel logic.
Remember that MPs are not there to endorse bills. The evil motives of concourt judges have been exposed.
I think it wasn’t an order, had it been that it’s an order then there’s no need of voting. The ball was in parliament’s hands either to refuse or accept.
That’s my opinion anyway.
It’s DPP versus the rule of law! Imagine the DPP government wants to make Malawians believe that it’s a democratic government that respects and rules by the rule of law but make no mistake their actions speak louder than their words. Malawi is being ruled by a people whose behavior clearly demonstrates that as long as they are above the rule of law they can subject the rest of Malawians to the rule of law. Eventually DPP must accept that no one political party or individual in Malawi shall go unchallenged if they or he/she believes the rule of law is selective in its application and that others are not subject to it!
Not every problem can be solved by the court. The court did noy say go and rubber stamp the 50+1 but rather to discuss and pass the procedures to operationalise the 50+1
The court ruling itself was a weapon leading to constitutional crisis but when giving an order, the concourt never foresee this. It was blind enough to pass the judgement without considering this. When it comes to parliament, people use votes there. The whole house can’t agree on one thing as if we are in a one party system. It can’t happen it that way. So don’t talk shit as if this constitutional crisis is being brought about by DPP MPs yet it began with the concourt judges
Clueless Mutharika and his DPP feel emboldened by the court-ordered 150-day new lease to govern the country (which, mistakenly, clueless Mutharika interpreted to allow him to also have in place a full cabinet) and believe things will remain like this even after they frustrate the implementation of ConCourt orders. It will not be the case after the expiry of the ConCourt’s 150 days because the ConCourt will have to come up with an arrangement that will ensure the ConCourt orders are carried out (mark my words), including making sure the government is not single-handedly run by the clueless Mutharika and his DPP!!!!!
The best is to nullify The whole 2019 election process. Some of These MPs think They are clever But Let them Not pull The Judges beyond limit. Because The consequences may be catastrophic to The legislature
Landilani ndalamazo mukhaula Palibe chomwe chitagwire.Dziko ndi anthu onse.Mukamapita kukhotiko mutengenso vimaina va atambwali amene a makana kuti NO.Tsankho eti akufuna za mitundu ndi zigawo zipitilire onyo kwanu kwacha kumwamba kwakana. Amen
Simple understanding – MPs have the right to reject bills. MPs cannot be taken to court for exercising their duty. Your Mzuzu Corner judges are incompetent, biased and corrupt that is why they erred.
If 50+1 is already law. Why can’t you just use it. Why haven’t we used it before?
Mwagwa nayo a Msukwa. You got instructions from biased and corrupt judges (Tembo, Kamanga, Madise) and you have Gotani working for the region. We are not foolish. We can see you.
Bring back HKB
Musandandaule mr Msukwa,ulendo waku Canaan sunali ophweka,atinke nawo analipo ndipo anayesetsa kufuna kusocheletsa omwe amamvera Mulungu koma zinalepheleka mpaka sanapite nawo ku Canaan anafera mu chipululu,awanso masadandaule nawo, tikafika ndithu,koma ambiri sadzafikako.
One wonders whether this parliament is independent at all or knows what they do. Are you saying parliament is taking itself to court over 50+1?. If you can’t pass the laws, means you are failing your duty hence Parliament should dissolve and new elections held. Its simple.
The same useless parliament failed to appoint IG of police and went to court seeking injunction against its own authority. Does the parliamentary leadership know what they are doing? I doubt.
What a dead parliament!!