By Chancy Namadzunda:
Malawi Congress Party (MCP) legislator Ulemu Chilapondwa on Thursday warned the government side leadership in Parliament against gagging backbenchers to freely express themselves.
He made the remarks when members were contributing to a motion which, Rumphi East MP Kamlepo Kalua wanted the Legal affairs committee of Parliament to summon the High Court Judge Ken Manda who handled the controversial issue of Gams filling station.
Kalua moved ‘’That following the snatching and the consequent sale of Gam Fuels Kanengo Filling Station and the manner in which the Filling Station has been disposed off by the Commercial Court, this House resolves that the Legal Affairs Committee shoud investigate how the Filling Station was disposed off by the Commercial Court and whether that action was the most appropriate one and report to this House as soon as possible’’.
Chairman for Gam Investments and Fuels Limited, Gerson Mkweza, and Alfred Gangata, the Managing Director of Masters Boreholes Drilling Company are at the Center of Controversy.
However, during the deliberations, Leader of the House Richard Chimwendo Banda and Minister of Justice Titus Mvalo tried several times in vain to stop the house from discussing the matter, claiming they are overstepping their mandate.
At one time, Mvalo urged the members to sober up, as some contributions were a direct assault on the judiciary.
“Let us avoid emotions, and avoid assaulting the independence of the judiciary because that independence is confered by the Constitution,” he said while adding that they should understand that there is separation of powers and indipendence of the judiciary.
On his part, Chimwendo Banda qouted Section 118 which states that the Judicial Service Commission shall have the authority to nominate persons for judicial office, exercise such disciplinary powers in relation to persons in judicial office as shall be prescribed by an Act of Parliament, subject to this Constitution, recommend, subject to section 119, the removal of a person from judicial office, subject to this Constitution, make such representations to the President as may be prescribed by an Act of Parliament; and exercise such other powers as are conferred on it by this Constitution or as are reasonably necessary for the performance of its duties.
“What Parliament is trying to do is against the Constitution, we are overstepping our mandate,” he said.
However, this did not go well with some government backbenchers, with Chilapondwa standing on a point of order questioning the conduct of the two leaders on the matter.
“Madam Speaker, is it in order, that after we had moved a motion through Standing Orders to quash out everything so that we debate this issue, and the motion was carried and here we are debating.
“Is it in order that Members of Parliament should from time and again be gagged by our front benchers? Is it in order that we as MPs should always be put in fear? Because am saying this, pur front benchers need us more, so if they would want to create a gap today between them and us, will that be in order in future? I rest my case,” said Chilapondwa amid cheers from fellow backbenchers
In response, Chimwendo Banda assured the members that they are free to comment and even differ with their leaders.
“We only give guidance, when it is given, it’s up to the MPs to take it or not and it is not gagging,” he said.
After deliberations, Parliament adopted the motion and the matter has been refered to the legal affairs committee of Parliament.
