MPs block new clerk
Four opposition members of Parliament (MPs) on Thursday moved the High Court in Mzuzu to stop the swearing in of new Clerk of Parliament (CoP) Fiona Kalemba pending an inter-partes hearing between the four and the Attorney General.
The four MPs challenging Kalemba’s appointment are Harry Mkandawire (Mzimba West, People’s Party-PP), Kamlepo Kalua (Rumphi East, PP), Peter Chakwantha (Lilongwe South West , Malawi Congress Party-MCP) and Enock Chihana (Rumphi Central, Alliance for Democracy-Aford).
Kalemba’s appointment last month drew fire from opposition politicians after it was learnt that she did not emerge first, but third during the interviews for the position which the Parliamentary Service Commission (PSC) conducted in October.
But President Peter Mutharika has defended his choice of Kalemba, citing her legislative drafting experience.
High Court judge Charles Mkandawire allegedly came first and was trailed by Malawi Human Rights Commission (MHRC) executive secretary Grace Malera, according to sources.
Last evening, MP Mkandawire confirmed in an interview that the High Court had given them seven days to file an inter-partes application to support their claim after which the court will set a date for hearing once the government through the Attorney General responds.
He said: “In the meantime, she cannot be sworn in and she cannot start work. The injunction will be served on the Chief Justice, the Speaker and the Attorney General effectively stopping the swearing in tomorrow [Friday] until both parties are heard.”
In the affidavit to support the application, Chihana said Mkandawire emerged the successful candidate among eight who attended interviews between October 5 and 6 according to minutes of the PSC which he submitted to the court.
He added: “That the PSC met again on 21 October where they were informed that the second respondent [the Attorney General] had not approved Justice Mkandawire’s appointment and instead demanded that he be given three names from which he would choose one.”
Chihana produced evidence to show that PSC met again and resolved to resubmit Mkandawire’s name to Mutharika which he did not agree with once again.
He argues that the President appointed Kalemba in total disregard of Parliamentary Service Act which does not give him the discretion to make an appointment of a CoP after a recommendation has been made by the PSC.
While a CoP is appointed by the President following recommendations from the PSC, the officer works under the direction of the Speaker.
Kalemba becomes the second female CoP since independence after Matilda Katopola who left office acrimoniously in 2010 and has since bagged herself about K70 million from the government as compensation for unfair dismissal.
Kalemba’s profile on LinkedIn indicates that her skills are in the areas of legislation, legislative research, legislative relations, policy analysis and legal research.
Around 2008, Kalemba was the assistant chief parliamentary draftsperson at the Ministry of Justice and Constitutional Affairs.
Why is that most of these MPs who have sought the injunction are from one region? Is it because Mkandawire is their own (Wakwithu)?
This is nice! We need to start showing these crooks that only truth prevails!! Let us use every opportunity available to reject evil and defence justice until our leaders start leading us in the ways of righteousness. ‘Akapanda kumanga nyumba Yehova woyimangayo amanga chabe’.
Pimbisa, that is you now putting a regional spin on a rather noble duty by the three MPs
Is Malawi looking for a dreftperson or a Clerk of Parliament who needs more than being a drafter?