Rights body warns over Parliament-Executive tensions amid inquiry row

The Human Rights Consultative Committee (HRCC) has warned of growing tensions between Parliament and the Executive, urging both arms of government to prioritise dialogue and constitutional order amid concerns over a proposed parliamentary inquiry into 13 issues of national importance.

Speaking at a press conference in Lilongwe on Tuesday, HRCC said that while the issues raised by the Speaker on 2 September deserved to be resolved, the procedure followed and public statements made risked deepening division between the two arms of government.

The committee raised concerns over a letter sent by the Speaker to the Smallholder Farmers’ Fertilizer Revolving Fund of Malawi (SFFRFM) on 24 August, eight days before the inquiry was publicly announced.

HRCC said the timing raised questions over whether a substantive decision on the scope of the inquiry had been made before Parliament’s public announcement, and called on Parliament to clarify the purpose and authority behind the communication.

The committee also referred to reports that Tahir Suleman, a close family member of the Speaker, had served as chief executive officer of East Bridge Tobacco Limited, a company reportedly connected to the transaction under investigation.

HRCC said the allegations were unproven but warranted clarification to protect the credibility of the process.

Citing Section 61 of the Constitution, the committee called for full disclosure of any direct or indirect interest and, where necessary, recusal from decisions relating to the inquiry.

“Parliamentary investigations must not only be lawful, they must also be seen to be impartial,” HRCC said.

The committee set out five questions it wants Parliament to address, including the precise mandate of each inquiry, the jurisdictional basis under Rule 154, the composition of the committees, the powers they will exercise under Section 60(3) of the Constitution, and where the official parliamentary record will be kept.

HRCC also called for independent verification of any relevant bank accounts or financial ties before proceedings begin.

In a statement titled “Call for Order, Mutual Respect and Constitutional Coexistence Between the Executive and Parliament”, the committee cautioned against actions that could create division between the two arms of government.

It noted that under Section 49(1) of the Constitution, Parliament comprises the National Assembly and the President as Head of State, and said parliamentary business depended on a cordial working relationship with the Executive.

“Parliament cannot survive and transact business without the Executive,” the committee said. “If Parliament expects other institutions to comply with the law, Parliament must equally demonstrate strict adherence to its own constitutional framework.”

HRCC said its questions did not amount to an accusation of wrongdoing, but were intended to ensure the investigation was “demonstrably impartial and free from any reasonable perception of predetermination or personal interest”.

The committee called on Parliament to publish clear terms of reference, timelines, reporting lines and legal authority before substantive proceedings begin, and urged both Parliament and the Executive to prioritise dialogue over confrontation.