Malawi courts implored to give direction law of ‘crossing the floor’

Malawi’s Public Affairs Committee (Pac) has asked the country’s judges to give the public a clear direction to be taken on Section 65 of the constitution, a law the bars Members of Parliament from joining another political party once elected into the Legislature. Pac Chairperson Felix Chingota made the remarks after engaging the judges over […]

Sec 65: Justice Mwangungulu says Speaker’s hands not tied, PAC wants action

Supreme Court Judge Dunstain Mwaungulu has given an expert legal opinion to Public Affairs Committee (PAC) in relation to controversial anti defection law Section 65 indicating that the Speaker’s hands are not tied under the current law and PAC has called for action. This was disclosed by PAC chairperson Rev Dr Felix Chimbote when the […]

PAC recommends Malawi to elect president on 50% +1 law

Malawi’s interfaith organization, Public Affairs Committee (PAC) has recomended that amending the electoral law on electing a Head of State from the current first-past-the-post and adopt a 50 per cent plus one law to ensure that the winner of presidential elections enjoyed majority support. PAC spokesperson Father Peter Mulomole disclosed this through a media statement […]

Implement Section 65, UK tells Malawi

Britsh High Commissioner Michael Nevin has appealed to Members of Parliamentary implement the controversial anti-defection law Section 65 of Constitution of the Republic of Malawi. The High Commissioner was speaking on Thursday during a two-day post May 20 Tripartite Elections conference held in Lilongwe. Nevin said the Section 65 of the Constitution, which bars Members of Parliament from defecting […]

New Speaker promises impartiality, uphold Constitution ‘including Sec 65’

Malawi’s newly-elected Speaker of Parliament, Richard Msowoya, has promised neutrality during his tenure of office and uphold the Constitution. Smartly dressed in dark gray suit, was physically dragged from his seat by MP Dzoole Mwale and deposited into the Speaker’s chair as tradition dictates when he was declared him as winner. He was crowned with […]

Chakwera to push for Section 65 implementation

Malawi Congress Party (MCP) president Rev. Dr. Lazarus Chakwera, expected to take up the leader of the opposition title in the National Assembly, has vowed to ensure Section 65 of the Constitution is applied to prevent Members of Parliament (MPs) from crossing the floor. The provision which is in Malawi’s constitution bars defections of lawmakers. […]

Mutharika’s migraine starts: Malawi political analysis

Despite winning a new five-year mandate, Malawi President-elect Peter Mutharika’s Democratic Progressive Party (DPP) failed to amass a legislative majority, a situation that could render his government inept and unable to govern should the opposition decide not to cooperate. A leading political analyst has however, favoured the ruling party not to face legislative hurdles. “The […]

Mutharika to curb defections: Section 65 to be enforced

Malawi President Peter Mutharika has said he will stop politicians switching parties when there is a news administration. Mutharika said his administration will not accommodate political prostitution. “We need politicians who will be able to deferentiate between what is right and what is wrong. We don’t want politicians who move from one party to another. […]

Law experts say Kachali cannot be disqualified

Law experts have argued that State Vice President Khumbo Kachali, who has resigned from People’s Party to rejoin opposition Democratic Progressive Party (DPP) cannot be disqualified as parliamentary candidate for Mzimba South West. PP officials are asking the Malawi Electoral Commission (MEC) to consider postpone elections in the constituency which Kachale was contesting as a […]

Court orders Shawa back in Malawi Parliament: Pending judicial review

The High Court in Mzuzu on Monday ordered Speaker of Parliament, Henry Chimunthu Banda to re-instate Henry Mpofu Shawa as Blantyre Bangwe legislator  pending a judicial review. Shawa last week obtained a court injunction after the Speaker invoked the anti-defection law, Section 65 for crossing the floor in Parliament. Making the announce in Parliament, Speaker […]

Malawi law expert blames delays on Sec 65 injunction vacation on Speaker’s office

Malawi’s constitutional lawyer Edge Kanyongolo is expressing the need for the country to consider removing the conflict of interest that makes the speaker of parliament to act on legal issues which are political in nature that  involve the speaker’s office. Kanyongolo was reacting to the concerns over delays by the speaker’s office to push for the […]

Malawi ruling PP queries Speaker on Section 65 conduct

Malawi’s governing Peoples Party (PP) has described as questionable the conduct of Speaker of Parliament Henry Chimunthu Banda for exercising his powers to revoke Section 65 of the Malawi Constitution, which bars members of parliament from crossing the floor with his first victim being Blantyre Bangwe legislator Henry Mpofu Shawa. PP Deputy Publicity Secretary, Ken […]

Mzuzu High Court’s selective ‘efficiency’ a matter of concern

When William Gladstone (British politician, 1809 – 1898) coined the adage “justice delayed, is justice denied” he was spot on. Any individual whose rights have one way or another been compromised, ought to have their case heard and decided upon – with all speed – by a competent court of law. The opposite is also […]

Ruling by Malawi Speaker on petition by UDF against MP crossing the floor – Sec 65

1. PREAMBLE Honourable Members, on 19th June 2012, I was petitioned by the United Democratic Front (UDF) through its Secretary General Mr. Kennedy Samson Makwangwala, to declare vacant a seat of a Member of Parliament who was elected to Parliament on UDF ticket, but had resigned from the party on the ground that he has […]

Malawi lawmaker Shaba loses seat: Sec 65 applied

Speaker of the National Assembly Henry Chimunthu Banda has declared vacant, a parliamentary seat of Henry Mpofu Shaba after invoking section 65 of the Constitution which bars a member of a political party represented in parliament to join another political party with parliamentary representation. Shaba won Blantyre-Bangwe constituency on United Democratic Front (UDF) ticket and […]

Malawi Speaker to give ruling on UDF MPs who crossed the floor: Sec 65

Speaker of the National Assembly, Henry Chimunthu Banda is on Tuesday expected to give a ruling on three United Democratic Front (UDF) Members of Parliament who dished their party and joined the ruling People’s Party (PP). Section 65 of the penal code states that, every MP who decides to abandon the party that brought him/ […]