DPP cautioned on section 65

Political and governance pundits have cautioned opposition Democratic Progressive Party (DPP) on its pursuit to have Parliament expel five of its legislators using Section 65 of the Constitution for allegedly crossing the floor.

While stating that the request will see the resolve of Speaker Catherine Gotani Hara on the matter, they have also warned the DPP that the matter will be another waste of time and may shrink its support base.

The reactions in separate interviews come in the wake of a letter DPP has written Hara to invoke Section 65 of the Constitution which bars legislators from voluntarily quitting a party that sponsored their ticket and joining another political party represented in the National Assembly.

DPP argues that the five had either become independents or joined the Malawi Congress Party (MCP), a key partner in the governing Tonse Alliance.

The affected legislators are Joyce Chitsulo of Mwanza West, Benedicto Chambo of Mangochi North, Esther Majaza of Mchinji North East, Owen Chomanika of Chikwawa North and Bintony Kutsaira of Lilongwe Msinja North.

Speaking in an interview yesterday, political pundit Wonderful Mkhutche described DPP’s move as “a dead-on-arrival attempt”.

He said: “The party DPP should not present itself as law abiding as far as this section is concerned. Lest we forget, it is the same DPP that survived through the violation of Section 65 when it was formed in 2005.”

Mkhutche then urged the DPP to reserve its energy for rebuilding ahead of next year’s elections.

He said: “The party has a lot to do in terms of rebranding and positioning itself. The party must choose its battles. This is an unnecessary battle that will further divide the party.

“I would advise DPP to let the members of Parliament [MPs] be and put much energy where it matters most; the September 2025 elections.”

Political Science Association of Malawi publicity secretary Mavuto Bamusi feared the DPP’s move was a continuation of the crusade to purge the party of associates of fired vice-president (South) Kondwani Nankhumwa who has since formed People’s Development Party.

“However, the DPP should be careful as it may lose numbers of supporters who back the MPs in question.

“Politics is a game of numbers and the DPP should find ways of consolidating instead of disbursing its support base,” he said.

Governance pundit George Chaima recalled how this law brought the country to a stalemate during the late Bingu wa Mutharika’s era.

“This time around it is only the Speaker of the National Assembly who holds the key for determination of appropriate course of action in respect of the requirement of the law. If the weight of the law does not apply, then the law becomes anachronistic and due for judicial review,” he opined.

In the letter to Hara dated June 24 2024, DPP secretary general Clement Mwale said the five have violated Section 65 of the Constitution and deserve the whip.

It reads: “In addition to the announcement in the august House, Hon Benedicto K. A. Chambo, MP, recently and publicly addressed a meeting in his constituency under the banner of the MCP.”

But in an interview yesterday, Chambo, who said he was yet to get the communication from the Speaker, challenged the DPP over the position.

He said the party removed him from all WhatsApp forums in January 2024 and that he has never communicated about leaving the DPP.

Said Chambo: “I haven’t written to the Speaker about changing seats from DPP to being independent. For now, I am free to hold rallies as I wish because I want to win again in 2025, and the DPP cannot do that for me.”

On her part, Majaza also said she was yet to be communicated, and that “my lawyer Sylvester Ayuba James is the one who will be handling all related matters”.

Chomanika, who serves as Deputy Minister of Local Government, Unity and Culture in the current administration, said he was yet to be communicated by the Speaker.

“I have just seen that communication circulating, but have not been communicated by the Speaker. 

“Once I receive official communication from the Speaker, I will respond accordingly,” he said.

Yesterday, DPP spokesperson Shadric Namalomba said Parliament was better-placed to comment on the progress on the matter while Parliament spokesperson Ian Mwenye could not be reached for comment.

The application of Section 65 has not yielded results except for one former Mwanza legislator, the late Fred Nseula back in 1995. Since the Nseula case, no legislator has lost their seat in Parliament for crossing the floor.