Speaker of the National Assembly Richard Msowoya has opted to hire private lawyers to represent him in the Section 65 case ignoring the Attorney General who has a political compromised stand as he is also the legal advisor to the Democratic Progressive Party (DPP).
DPP funded Forum for National Development (FND) has taken Msowoya to court over his decision to dump the main opposition, the Malawi Congress Party (MCP) to join the political trending, the United Transformation Movement (UTM).
Sources say that Msowoya has opted for private lawyers when the case comes up for preliminary hearing on Tuesday, August 28.
In normal set up, the Attorney General is supposed to represent the Speaker in any lawsuit.
But legal commentator Justin Dzonzisaid it was legal that the speaker be represented in the court by private lawyers of his choice.
“He has been sued as a member of parliament for crossing the floor not in his official capacity as the Speaker of the National Assembly so this is in order,” said Mvula.
FND executive director FysonChodzi said his organization will go ahead with the case on August 28.
Legal minds have faulted the DPP led government for allowing the attorney general Charles Mhango take up the position of legal advisor to the ruling party, saying this has compromised the independence of the office.