Activist petitions Speaker to kick out UDF MPs

Eleven United Democratic Front members of Parliament who recently moved to government benches risk losing their seats if the Speaker acts on a petition from a human rights activist, asking his office to invoke Section 65 against them.

Human rights activist Billy Mayaya this week wrote the Speaker asking him to guarantee “orderliness and decorum” in the august House by declaring vacant the seats of the MPs following what he called the “unprocedural manner” in which they joined the government side.

While confirming receiving the petition yesterday, Speaker Richard Msowoya could not indicate how his office would act on it, saying “time will tell”.

“Copies of the petition have been distributed to members of the business committee of Parliament. I will also give copies of the same to the concerned MPs,”   Msowoya said.

But two legal experts have observed that while a layman like Mayaya can move the Speaker to act on Section 65, they can only do so through the courts.

Said lawyer Justin Dzonzi: “It is a party’s duty to move the Speaker to declare seats of MPs suspected to have crossed the floor; however, under Section 41 of the Constitution [which provides for every citizen’s right to legal remedies], a private person can also do so if he sees that the party is silent.

“In this case, the private person has to obtain a mandatory injunction from the court compelling the Speaker to declare the seats vacant.”

His sentiments were shared by another lawyer Gift Mwakhwawa: “Through the courts, every layman can move the Speaker of Parliament to declare seats of MPs vacant.”

However, South Africa based legal expert Danwood Chirwa said yesterday there is no specific procedure for presenting a petition on Section 65 to the Speaker.

“The manner in which such petitions may be presented lies in the sole discretion of the Speaker, subject to the Constitution, who’s empowered to adjudicate such petitions.

“Since issues of crossing the floor are issues of national importance, no single individual or organisation can claim special interest. Every citizen is similarly affected and thus qualifies to make an application in his or her own right or in the public interest to enforce the relevant provisions of the Constitution,” he said.

Chirwa commended Mayaya for making the move on behalf of other Malawians of similar interest.

“What Billy Mayaya has done is something any of us should have done. He’s just been the most patriotic in this instance. He deserves to be applauded,” he said.

In the petition, Mayaya describes the MPs move as unconstitutional, hence the need for the Speaker to “correct the anomaly.”

“Having noted unprocedural manner in which the House is currently progressing vis-à-vis the development obtaining in the chamber where the UDF leader in the House is still seating in the opposition side…and convinced that the members of Parliament have joined the government side through their utterances and behaviour in the House, and considering the provisions of Section 65  of the Constitution of the Republic of Malawi, [I ask] the Speaker of Parliament to rectify the anomaly by implementing the constitutional provisions that guarantees orderliness and decorum in the House,” reads Mayaya’s petition.

Mayaya said in an interview yesterday he had not yet sought court order, but explained that he was prompted to take action on the matter having noted that the repeal of Section 64 in 1995, which empowered citizens to remove wayward representatives deemed to have crossed the floor, denies voters’ right to demand transparency and accountability from their MPs.

“If MPs leave opposition and join government benches who do they claim to represent? Additionally, politicians cannot continue to usurp the people’s power to bring their representatives into line. If the people continue to be powerless, it makes a mockery of our hard won democracy,” he said.

But UDF spokesperson Ken Ndanga yesterday described the petition as conspiracy against his party.

He also described Mayaya as a politician who is wearing an activist’s coat.

“UDF knows that Billy Mayaya masquerades as human rights activist…We know the conspiracy that is going on, we will soon expose it.

“UDF is not afraid of this conspiracy. Billy Mayaya has no business with UDF, if there is one party that understands Section 65 it is UDF,” said Ndanga.

The move by UDF MPs has divided opinion among legal experts with some arguing that the MPs have crossed the floor while others argue that the party has not violated any law.