MHRC quizzes Speaker, AG on Section 65

The Malawi Human Rights Commission (MHRC) has expressed concerns over the continued holding of the implementation of Section 65 by the National Assembly due to court injunctions.

The organisation has since urged the Speaker and other relevant authorities to enforce the section as a matter of respect to the country’s Constitution.

However, in an interview on Sunday, Speaker of the National Assembly Henry Chimunthu Banda said: “As matters are at the moment of which everyone knows, the one who can do something happens not to be me. So it is important to find out what those authorities have done to free the Speaker’s hands on the issue,” he said.

The office of the Attorney General (AG) could not be drawn to immediately comment as the AG, Anthony Kamanga, was reported to be outside the country while Ministry of Justice spokesperson Apoche Itimu said she would have to consult on the issue first before commenting.

The report launched on Friday in Lilongwe noted that the main objective of Section 65 of the Constitution is to preserve and maintain political pluralism in a multiparty democracy and ensure that legislators retain the status they professed at the time of elections throughout their tenure in the House.

“MHRC urges relevant authorities and parties involved in constitutional cases such as the implementation of Section 65 to deal with such cases expeditiously,” reads the report.

Despite receiving petitions involving at least 44 MPs, during the February meeting of Parliament Chimunthu Banda only acted on one MP for Blantyre Bangwe Henry Mpofu Shawa for abandoning the United Democratic Front (UDF) and joining the ruling People’s Party (PP).

The report also tackles the declaration of assets by the President and vice President and other public officers.