Speaker served with Section 65 injunction, loses cool
MPs who are alleged to have crossed the floor after ditching the parties that sponsored them still continue to enjoy a temporary relief from the courts as a deputy minister has obtained an injunction to prevent the Speaker from declaring their seats vacant.
Attorney General and Minister of Justice Ralph Kasambara. who is government’s legal advisor, served the Speaker Henry Chimunthu Banda restraining him from declaring the MPsrseats vacant for crossing the floor, just before the Speaker was scheduled to declare the seats vacant.
“Members I wish to announce that I have been served with a court injunction restraining me from making my ruling,” said the Speaker.
Chimunthu Banda informed that the injunction was obtained by Deputy Education Minister Chikumbutso Hiwa on behalf of the other affected MPs,
The Speaker then invited the chief petitioner, DPP leader in parliament Dr. George Chaponda, to a meeting to map the way forward.
But when the Speaker made the accouncement, Chaponda and DPP president Peter Mutharika limped out of the House.
DPP spokesman Nicholous Dausi said they will also go to court “to vacate the injunction.”
Dausi described what has happened as constitutional vandalism.
Meanwhile, the Speaker lost his cool with MPs in government benches for cheering or clapping hands after he announced that his hands are tied by an injunction and will not make a determination on Section 65
” Why are u clapping hands? There is nothing to clap hands for, I have not made any ruling, it is the behaviour like this that sends wrong messages to people out there,” he shouted
” I myself and me drafted the ruling and I’m keeping that ruling, why are you clapping hands as if you have won?” he queried
In his announcement Banda took time to furnish members with details pertaining to the injunction
” Learned people at parliament have adviced me that the injunction restrain myself on pronouncing any determination on section 65, I therefore will leave matters there for now,” he said
Banda also defended his earlier determination that the DPP leadership should provide more evidence on members who are deemed to have crossed the floor arguing that there was nothing wrong
He also read out a letter by DPP addressed to him clarifying their position on his earlier ruling
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