Who will defend the Speaker? Private lawyer hired as questions swirl over Attorney General’s role

The legal battle over the Speaker’s 12 parliamentary committees is on the front pages of both major dailies as the case reaches the High Court today.

The Daily Times leads with “Speaker fights on”, reporting that Speaker Sameer Suleman has hired private lawyer Bright Theu of Nicholls and Brookes to defend the committees.

Its second headline says the Speaker “turns to private lawyers”. The paper says the move follows an injunction obtained by citizen Austin Mkoka, which bars Parliament from setting up or running the joint ad hoc committees until his judicial review application is decided.

The Nation goes with “Showdown” across its front page, saying Mr Suleman will face Mr Mkoka in court over the committees.

An inside story reports that the Speaker and Parliament have filed their defences.

Mr Theu told the paper he is acting for the Speaker as first defendant, and for the Office of the National Assembly and Parliament as second defendant.

The legal questions

The Nation reports that Mr Mkoka has also secured an order halting investigations into some government ministries, departments and agencies until the court rules.

The case, before Judge Allan Muhome, will test whether the Legislature has the constitutional authority to set up the committees and run such probes.

Mr Theu said the defence addresses standing and the Speaker’s oversight powers, in line with the separation of powers.

Law Society joins the case

Both papers report that the Malawi Law Society has joined as a friend of the court. Its president, Davis Njobvu, said the matter raises important constitutional and administrative law questions.

Questions over representation

The Daily Times notes uncertainty over whether the Attorney General’s office would represent the Speaker.

It quotes Attorney General Frank Mbeta as saying a fortnight ago that he needed to establish whether Parliament had sought his office’s help.

Governance commentator Benedicto Kondowe said hiring private counsel is not improper in itself, but the justification and the manner of engagement matter.

Political fallout

The Nation recalls that the Speaker’s announcement of the committees caused a stir, including a backlash from his own party, the Democratic Progressive Party, where he is national organising secretary.

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