Use or abandon Section 65—Chinsinga

Chancellor College associate professor of political science Blessings Chinsinga says Section 65 of the Constitution has become a ridicule to the Malawi’s democracy; hence, the need to do away with it.

In an interview on Monday, Chinsinga said the call for Section 65’s application is not for the benefit of democracy but selfish interest. He said opposition members who defect to the ruling party want Section 65 to be relaxed and when there is change of government, they want application of the same.

Chinsinga, therefore, argued the section has become a basis for a culture of neglecting the rule of law. He said the best way is to do away with it rather than abuse it as its abuse reflects badly on the country’s democracy.

“With what has happened over the years, I am a bit pessimistic if Section 65 will ever be respected. It provides a basis for a culture for neglecting the rule of law. So, the way forward is to do away with it other than abuse it because [that] does not give our democracy a good standing,” said Chinsinga

But he said its presence in the Constitution has to be respected. He said affected members should not find excuses, as they are aware of its existence. He said costs to be incurred are also not an excuse, saying democracy is expensive.

Said Chinsinga: “The problem is not with Section 65, the problem is with us as a country in terms of our willingness to have democracy work in the country.”

Currently, Speaker Henry Chimunthu Banda has his hands tied after Ntcheu West MP Chikumbutso Hiwa obtained an injunction stopping the Speaker from delivering a ruling on the fate of 40 MPs, including Hiwa, deemed to have crossed the floor from the Democratic Progressive Party (DPP) to the ruling People’s Party (PP).