Retired Justice of Appeal Judge Mwaungulu weighs in on Malawi leader of Opposition saga
Retired Supreme Court of Appeal Justice Dunstain Mwaungulu has blamed both the Malawi Parliament and Judiciary for causing the confusion and controversy over the Leader of Opposition.
Justice Mwaungulu said both Legislature and Judiciary should have exercised their sovereignty to tread carefully on the appointment of new leader of Opposition following the expulsion of Kondwani Nankhumwa from the Democratic Progressive Party.
DPP moved in to replace Nankhumwa with Mulane Bale constituency legislator George Chaponda but the move did not work and moved on to appoint his Thyolo Thava counterpart Mary Navicha.
Reads Justice Mwaungulu’s legal opinion titled Parliamentary Sovereignty v Judicial Indepenence: “All this is because of the problem of the independence of the judiciary, taken to interesting heights and parliamentary sovereignty, reduced to its improper height! The National Assembly, under the Constitution, is master and sovereign of its procedures!
“The Leader of the opposition is a creature (of procedure) by the National Assembly (in its standing orders). It is doubtful that a court can intervene in a parliamentary process, by an injunction! And for the Speaker to succumb to a court process undermining its sovereignty is unheard of!
“It must be obvious to any judicial officer that fighting with the legislature by imposing orders affecting its process is ignoble! Just as it must be obvious to the legislature that judicial intrusion should not undermine its sovereignty over the process!”
Justice Mwaungulu’s reaction follows a decision by the Speakers of Parliament Catherine Gotani Hara to recognise Nankhumwa as Leader of Opposition to respond to the State of National Address (Sona) by President Lazarus Chakwera instead of Navicha who was appointed by the DPP to replace.
Hara claimed that her hands are tied because of a court order that Nankhumwa obtained restraining the DPP from replacing him as Leader of Opposition.
This led to the majority of DPP MPs boycotting Nankhumwa’s response to the Sona which gave room to the allegations that he was sponsored by the government to bring confusion in the former governing party.
Mwaungulu’s legal opinion he posted on his Facebook Page Centre for Law and Policy was welcomed.
But one commentator Mwala Njovu claimed that his opinion was not as clear.
Reads the post: “You cannot blame both judiciary and legislature on the matter. Blame one party. Otherwise we are hearing you that the Speaker should have ignored the court order, Is that what you are saying? We are also hearing you that the judiciary should not have issued the court order? Is that what you are saying? you cannot have two wrong parties.”
Another commentator Henry Chakadza said Njobvu should have understood as the opinion is clear,
“You are being redundant on things well explained by retired justice of appeal.”
Another comment by Kalasin Malika, said: ‘’well said your honour.” While Geoffrey Mchinanguwo Gondwe
Can’t be clear than this.”
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