Chakwera won’t face parliament

P

resident Lazarus Chakwera won’t appear in Parliament during the Mid-Year Budget Review Meeting despite Leader of Opposition Kondwani Nankhumwa’s plea for him to answer questions on a myriad of socio-economic challenges, it has emerged.

The development has divided opinions among legal and political minds with some holding that the President needed to face Parliament and others feeling that Nankhumwa needed to let the matter go after legislators defeated a motion last Wednesday.

In a letter to Chakwera dated November 16 2023, Nankhumwa said lack of maize in Agricultural Development and Marketing Corporation (Admarc) depots, problematic Affordable Inputs Programme (AIP) and lack of foreign exchange to buy essential goods such as medical drugs were worsening the situation.

He also claimed that his motion on use of national identity cards when registering for the 2025 General Elections risk being shot down allegedly on instructions from Leader of Government Business Richard Chimwendo Banda to government side members of Parliament (MPs).

Reads the letter: “The insistence by your government on using national IDs for voting purposes has raised suspicion among many of us in Parliament. There is a prevailing concern that this requirement might unjustly inhibit eligible voters from participating in the democratic process in 2025.

“Regrettably, the defeat of these motions in Parliament under your instructions directly drags your name through mud, that you prioritise narrow political interests over national imperatives.”

Presidential press secretary Anthony Kasunda yesterday said the President does not interfere with parliamentary proceedings and would appear in Parliament when the Speaker’s office communicates.

In a separate interview, Chimwendo Banda said the leadership from the government side in Parliament shared the MPs’ position that the President should not appear in Parliament as suggested by Nankhumwa.

He said: “The leader [Nankhumwa] was simply advised to ask the five questions needed and the President would come. There is a clear given procedure he didn’t want to follow. The President has been coming to Parliament and is more willing to come, but we must follow procedures.”

But Nankhumwa insisted yesterday that he will move the motion again this Thursday.

Meanwhile, political pundit Ernest Thindwa observed that Chakwera has demonstrated boldness and commitment to the rule of law in facing Parliament.

He said: “As Leader of Opposition in Parliament, Nankhumwa’s demands are understandable, but politics aside, one would contend that issues for which he wanted the response from the President have been ably addressed by appropriate ministers, rendering Chakwera’s appearance before legislators inconsequential.”

Private practice lawyer Justin Dzonzi in an interview said all procedures have been followed and Naknhumwa needed to let the matter go. However, he said politically, Chakwera needed to appear before Parliament.

He said: “The Constitution requires the President to attend Parliament once in a while, so this is is not a new procedure because when the President had been invited in the past to go he has been to Parliament.”

But public expenditure tracking and governance expert Mavuto Bamusi said Chakwera’s decision not to appear before Parliament has the potential of eroding parliamentary accountability through checks and balances on the Executive.

“Malawi is experiencing serious socioeconomic challenges that require direct responses from the President, notwithstanding that Cabinet ministers have addressed same issues,” he said.

Another analyst Wondeful Mkhutche said people voted for the President, not ministers; hence, the need for Chakwera to face Parliament.

Nankhumwa’s motion was based on Section 89 (4) of the Constitution which provides that the President shall be called to Parliament to answer questions at such times as may be prescribed by the Standing Orders of Parliament or on a motion of the National Assembly.

Under Standing Order 70 (2), the President is called to Parliament either when (a) written notice of five questions or more directed to im/her have been received by the Speaker and submitted to the Office of President and Cabinet, and; 70 (b) “when a motion is moved and resolved in the affirmative by a majority of all the Members of the Assembly, to call the President to come and answer questions on a specific matter clearly stated in the motion”.

Chakwera is the second Head of State in the country after former president Bakili Muluzi to appear before Parliament to answer questions since 1994.