Plan to tame the president

Following delays by President Lazarus Chakwera and his government to act on legislation to reduce presidential powers, members of the opposition are drafting a Bill to be tabled through a Private Member’s motion.

Leader of the Opposition Kondwani Nankhumwa confirmed the development in an interview on Thursday that an opposition legislator (name withheld) is drafting the Bill for tabling before Parliament rises on April 14.

Under Standing Order 122 of the National Assembly, every member has the right to move a private Member’s Bill after a motion to do so has been moved and carried, and that it shall be introduced by way of a motion, to which the proposed draft Bill shall be attached.

Said Nankhumwa: “One member of Parliament (MP) is working on the Bill to trim presidential powers, because for that Bill to come, it has to be done with a motion. There is a law that such a motion cannot come to the Business Committee without the Bill.

“So, the Bill is attached to the motion. So, I have already advised the MP not to bring the motion only, as it won’t be accepted, because our friends may find an excuse to reject it.”

President Chakwera has continued to dodge questions on his promise to trim some of his powers, the latest was last Tuesday when he told Parliament to tell him if it deems it fit for him to do so.

Machinga East legislator Esther Jolobala had asked the President what he was doing to reduce powers in the appointment of the Anti-Corruption Bureau (ACB) the Director General, among others.

But he pushed the matter back to Parliament, indicating it was not his responsibility alone to trim the said powers.

Said Chakwera: “I want you to understand that these are matters not of a presidential decree, but of changing the law. These laws need to be looked at in view of so many other challenges that the Law Commission are faced with in order for us to respond as soon as is practical to the many challenges this county is facing.

“You must also remember that there are still checks and balances built into our system. Parliament is the one that confirms an appointment made by the President and if Parliament is unhappy, it can inform the President on the same.”

Reacting to the sentiments, political scientist Wonderful Mkhutche said Chakwera is not committed to his promise.

“It was him [Chakwera] who promised Malawians, and not Parliament. Therefore, he should be the one to advance that change and not asking Parliament to do that. As parliamentarians, they can advance through Parliament the desired changes,” he said.

In 2020, State House said Chakwera had already taken administrative steps to reduce presidential powers, promising to dispense three presidential powers, including appointment of ACB director general, and pledged to ring-fence funding to Parliament.

He said reduction of presidential powers would be legislative, administrative and ceremonial.

Minister of Justice and Constitutional Affairs Titus Mvalo did not respond to our inquiry on the matter by press time, but he earlier stated that there are procedures that have to be undertaken and it’s a process.

Under Standing Order 122 (3) of the National Assembly: “A member giving a notice of intention to present a Bill shall deliver the notice in writing to the Clerk. (4) The notice shall; (a) specify the notice of the Bill; (b) be signed by the Member.

“122 (6) A member moving a private Members’ Bill shall be afforded reasonable assistance by the office of the Clerk, including technical assistance in the drafting of the Bill and the cost of relating to the printing and publication of the Bill shall be met from the funds of the Assembly.”