MLS pushes for impeachment rules
The Malawi Law Society (MLS) yesterday called on Parliament to expedite the laying down of clearly laid down impeachment procedures for a sitting president at the back of the K145 million a supplier deposited into a Democratic Progressive Party (DPP) account which President Mutharika is the sole signatory.
In statement, MLS said: “In hindsight, the leaked report provides a platform for discussion whether it is high time we developed clearly laid down impeachment procedures that can be invoked by the Legislature when a President has committed serious violation of the Constitution or serious breach of the written laws.”
MLS said it is disturbed with the facts contained in the leaked Anti-Corruption Bureau (ACB) report, which allegedly implicates President Peter Mutharika.
A November 2017 leaked ACB investigative report says a day after Pioneer Investments deposited K2.793 billion payment from Police for supplying 500 000 ration packs, the firm transferred K145 million to a DPP Standard Bank account.
“It is common knowledge that corruption is a serious crime when committed by any person. It is even worse when it is alleged to have been committed by a Head of State. The citizens of the Republic entrust the President to guard and protect both the letter and the spirit of the Constitution,” says the MLS statement signed by its chairperson Alfred Majamanda and secretary Martha Kaukonde.
“The citizens of the Republic entrust the President to guard and protect both the spirit and the letter of the Constitution. This trust suffers cataclysmic betrayal when the Head of State himself is engaged in unethical conduct,” it said.
The MLS statement also demanded the office of the President to come out clearly on the matter and show its commitment in fighting corruption by “owning up and taking honourable steps in the circumstances by allowing investigations and prosecution to take its course.”
According to Procedures for impeachment of President or Vice-President, as laid down in Section 208(1) “A member wishing to move a motion to indict the President or the Vice-President for impeachment shall give a notice of intention to move such a motion, signed by one-third of Members of the Assembly to the office of the Speaker seven days before the motion to indict the President or the Vice-President on impeachment is moved in the Assembly.”
Minister of Justice and Constitutional Affairs Samuel Tembenu, when asked to comment on the issues raised by MLS said
When contacted for comment Justice Minister Samuel Tembenu in a telephone interview yesterday faulted the MLS in what he described as ‘rushing’ into conclusions in condemning President Mutharika.
He said: “It is very unfortunate that this is coming from a society of lawyers who are conversant with legal issues. This is the same error that the ACB made in concluding that the President is guilty when the matter actually needs further investigation. Now MLS is bringing the issue of impeachment as if the President has been found guilty of an offence. They should not be making such careless statements. We should understand how donations are made to political organisations. Even if the President is a sole signatory to an account that does not make it an offence.”
Government spokesperson Nicholas Dausi, in a telephone interview, downplayed the issue, saying the government was receptive to ideas and opinions from all citizens.
“These matters are legal in nature, but suffice to say we are not standing in the way of efforts to amend parts of the Corrupt Practices Act. We have no reason for doing that. We strive to act in the interest of all Malawians,” he said.
But Parliamentary Legal Affairs chairperson Maxwell Thyolera stated, in an interview yesterday, that impeachment procedures were already laid down and adopted by the House and require the support of one-third of the members of the House for a procedure to commence.
Said Thyolera: “We already have the procedures for impeachment in place as Parliament. It only requires a member to move a motion if that parliamentarian has the support of one-third of other MPs to indict a President or Vice-President. But with regard to the amendment of the Corrupt Practices Act, it is still work in progress.”
In its statement, MLS also called for the independence of the ACB through the appointment process of the director by amending Sections 5 and 6 of the Corrupt Practices Act, for which a Bill has been published to amend the provisions dealing with the appointment of the graft-busting body.
“It will be imperative that the Bill ensures that the Bureau is unshackled from the stranglehold of political political influence and manipulation. It is only when the ACB is truly independent that it would be able to execute its duties in the fight against corruption without any interference or fear of reprisals,” said the statement.
“There are some issues that have been proposed including composition of a panel that is to interview candidates for the ACB director position. Another thorny issue was a provision to allow the president to reject candidates proposed by the panel.”
Thyolera, however, expressed worry, saying that Parliament had unfinished business on the matters raised by MLS, which would not be tackled if the House did not meet soon.
According to Thyolera, the panel will be charged with interviewing all shortlisted candidates before coming up with the best three one of whom would be approved by the President.
