UDF MPs seek court redress on Section 65
Eleven United Democratic Front (UDF) members of Parliament (MPs) who moved to the government benches in Parliament are seeking protection from the courts on Speaker Richard Msowoya’s impending decision on their status based on Section 65 of the Constitution.
Two weeks ago, after the party lost its voice and identity following its ejection from the Business Committee and Msowoya’s subsequent communication that the MPs defend themselves within seven days, the legislators went to the High Court in Blantyre to apply for an injunction to restrain the Speaker from removing them from the committee as well as from declaring their seats vacant.
However, High Court judge Healey Potani rebuffed them, saying their action was premature as the Speaker had not yet announced nor made the decision that they had crossed the floor in contravention of Section 65.
Dissatisfied, the MPs last week returned to the court with fresh documentation seeking redress over the matter, according to Judiciary spokesperson Mlenga Mvula, who said the judge has since asked for “ample time” to go through the affidavits.
UDF has 11 MPs seated on the government side, which has increased DPP’s numerical strength in the 193-member National Assembly to 63. The MPs not affected by the move are Balaka North legislator and the party’s former leader in the House Lucius Banda, party president Atupele Muluzi as well as Second Deputy Speaker of Parliament Clement Chiwaya.
Following the relocation of the 11 to the government side, UDF woke up to the reality of its decision when it missed on the schedule of opposition political parties to respond to the State of the Nation Address which President Peter Mutharika delivered on May 5 2015.
In his communication on the decision to remove UDF MPs from the influential Business Committee, the Speaker said: “I wish to inform the House that after careful consideration of Standing Order 155, the Business Committee resolved that UDF cannot have representation in the Business Committee.”
The Business Committee comprises the Speaker, the leader of the House, Leader of Opposition, Government Chief Whip, leaders of political parties not in government, opposition party whips and deputy speakers as ex-officio members.
Two weeks ago, human rights activist Billy Mayaya petitioned the Speaker asking him to guarantee “orderliness and decorum” in the House by declaring vacant the seats of the 11 MPs who have moved to government benches following what he called the “unprocedural manner” in which they joined the government side.
However, UDF secretary general Kandi Padambo, in an interview yesterday, said as far as the party is concerned and standing orders are considered, the Speaker can only be moved by an MP’s application.
Padambo said the party has also made it clear that it will not be moved by the decision by MCP MP Jessie Kabwila to append her signature on Mayaya’s petition because her signature does not change ownership of the petition.
UDF moved to government benches to cement its working relationship with Democratic Progressive Party (DPP) whose leader, Mutharika, roped into his Cabinet Muluzi.
