Minister of Justice Titus Mvalo has said the Judicial Reform Bills may be tabled in the next meeting of Parliament if Cabinet approves them in time.
In an interview yesterday following his post on a WhatsApp group created in support of lawyer Alexious Kamangila’s anti-corruption crusade against the Judiciary, the minister clarified on accusations that he was sitting on the Bills that are expected to improve accountability in the Judiciary, a branch of government publicly viewed as closed and untouchable.
Said Mvalo: “If Cabinet approves the Bills in time for this December sitting, then they will be presented during that sitting.”
In the WhatsApp group, members and some government officials have been participating in a discussion aimed at finding solutions to cure the Judiciary, and the public sector as whole, of corruption.
The minister explained that the Bills in question require a rigorous process to align them to other laws, including the Constitution, which has been done now but awaits full Cabinet approval.
Wrote Mvalo: “All this has now been done and the Bills have been considered by the responsible Cabinet Committee which has now recommended them to the full Cabinet in line with procedure, for Cabinet to consider the Bills and approve them for tabling in Parliament if Cabinet so decides. So, we are at the stage where the Bills are waiting for consideration by the Cabinet. Now, where is the running away here?”
However, the ministry has, since last year, been saying the Bills would be tabled “at the next meeting of Parliament” which has not happened, raising doubts on the minister’s sincerity.
In May this year, in response to our questionnaire, Ministry of Justice spokesperson Frank Namangale stressed that the Bills would be tabled in the last meeting of Parliament.
“We are so much interested in the Bills, this being our baby. This July, 2024, and through our Honourable Minister of Justice, we are taking this Bills to the National Assembly for tabling,” he said.
At the time, Namangale said everything was set and the ministry was working on final touches.
He added: “Final touches are being made, but come this July, everything is set.”
On September 12 this year, the Malawi Law Society (MLS) called off planned demonstrations that sought to push for the tabling of the Bills following a commitment that the government would table the same in the next meeting.
At the time, the ministry said a full Cabinet committee to look at the Bills was awaiting President Lazarus Chakwera, who is legally mandated to call for such.
In a written response yesterday, MLS president Patrick Mpaka said given the importance and current relevance of the subject, it would help to table the Bills than delay.
He said: “It would have been helpful if at this moment, the OPC [Office of the President and Cabinet] prioritised deliberation on the Bills referred to them by their committee so as to enable the minister responsible to submit them to the Clerk of Parliament for publication before first reading in terms of Standing Order 125.
“Early publication would allow members of the public and other stakeholders to provide timely input ahead of parliamentary deliberations.”
While Mvalo’s response indicates that the next meeting is in December, Parliament spokesperson Ian Mwenye only confirmed that the next meeting is the Mid-term Budget Review but could not state the dates, saying: “The dates will be communicated later.”
Parliamentary Standing Order 125 provides for the procedure of presenting Bills in the august House.
The minister or member in-charge of the Bill, according to the Standing Order, “shall deliver to the Clerk a soft copy of the Bill and sufficient hard copies for all members, and the Clerk shall publish the Bill in the Gazette”.
After the Bill is published, the clerk must circulate a copy to each member at least 28 days before first reading of the Bill.
While Standing Orders provide for a waiver of this period, the 28 day notice allows for consultations between members of Parliament and the people they respond to but also for MPs’ scrutiny before it is tabled in the House.
