Total Pageviews

Showing posts with label MPs. Show all posts
Showing posts with label MPs. Show all posts

Saturday, 30 June 2007

41 MPs obtain court order to restrain Malawi parliament

APA-Lilongwe (Malawi) With only hours away from being chased out of parliament, 41 opposition members of the Malawi parliament who defected to the ruling Democratic Progressive Party (DPP) have obtained a court order restraining the House from declaring their seats vacant. Speaker of Parliament Louis Chimango was expected to declare the MPs’ seat vacant on Friday following a Supreme Court of Appeal decision that the lawmakers’ defection was illegal; therefore their seats should be declared vacant pending by-elections. Parliament, reconvening its session Friday after a month-long mourning of the late first lady Ethel Mutharika, is sitting to discuss the 2007/08 national budget.

Fearing their pending expulsion, former ruling United Democratic Front’s MP Yunus Mussa and 40 other former opposition MPs, successfully applied to the High Court for an order to stop the speaker from declaring their seats vacant.

High Court Judge Justice Singini granted them the injunction late on Thursday.

The move effectively stops Chimango from going ahead to declare the defectors’ seats as being vacant for now.

Singini’s injunction, however, is being challenged by opposition lawyers Ralph Kasambara and Kalekeni Kaphale of the UDF and Titus Mvalo representing the Malawi Congress Party (MCP).

"We shall see each other in court today (Friday) because we are challenging the applications. What we want is the speaker to go ahead to declare the (defectors’) seats vacant,” Kasambara, a former Attorney General dismissed by President Mutharika last year, said.

Wednesday, 20 June 2007

Malawi instability threatens poverty spending

As President Bingu wa Mutharika's minority party faces the possibility of losing more seats in Parliament, Malawi's civil society has expressed concern that this year's budget, expected to be presented next week, might be stalled.

Last week, the Supreme Court granted powers to the speaker of Parliament to expel defecting lawmakers, a decision that would affect the strength of the ruling Democratic Progressive Party (DPP), which has welcomed 60 defectors into its fold, bringing its tally of MPs to 80. The opposition, with about 110 seats, is the largest bloc in Parliament.

"The budget might not be passed," commented Richard Tambulasi, head of the department of political and administrative studies at the University of Malawi. The court ruling has pushed the DPP into a tight corner and "created political instability", he added.

According to Felix Lombe, a conflict analyst with the Forum for Dialogue and Peace, a programme run by GTZ, the German Development Agency's technical arm, "the opposition is likely to use its muscle to defer votes on expenditure -- there will be a delay in the allocation of funds to projects and programmes".

Mutharika has spent almost three conflict-ridden years in power, at the centre of a tense stand-off with the opposition that has stalled the functioning of the house and delayed the approval of Bills.

The political crisis began when Mutharika left the United Democratic Front (UDF), shortly after it sponsored him in the 2004 general elections, to form his own political organisation, the DPP. The UDF hit back with an impeachment charge, accusing Mutharika of using $300 000 of public money to launch the DPP.

The political confrontation at the height of a food-security crisis in Malawi in 2005 even aroused the donor community's concern. Donors wrote to opposition political leaders, voicing their anxiety over the impeachment proceedings while the country was experiencing a "serious and prolonged food crisis".

Louis Chimango, Speaker of the House and a member of the opposition Malawi Congress Party, has reportedly not indicated whether he would go ahead with the dismissals.

Tambulasi said the affected MPs are likely to lodge an appeal against the court decision, "which could possibly buy them time till the general elections in 2009".

"I don't think anyone wants by-elections, as the firing of the MPs would prompt that, because the country cannot afford them right now. It would also be pointless to have election now, when 2009 is only about a year away," he said.

Lombe said the opposition is not geared for an election and is unlikely to press for it, but "they might make a bid to oust Mutharika through the impeachment process again".

Mutharika survived the impeachment motion after the Constitutional Court blocked the move. -- Irin

Tuesday, 19 June 2007

Political instability threatens poverty spending

As President Bingu wa Mutharika's minority party faces the possibility of losing more seats in parliament, Malawi's civil society has expressed concern that this year's budget, expected to be presented next week, might be stalled.

Last week, Malawi's Supreme Court granted powers to the Speaker of Parliament to expel defecting lawmakers, a decision that would affect the strength of the ruling Democratic Progressive Party (DPP), which has welcomed 60 defectors into its fold, bringing its tally of members in parliament to 80. The opposition, with about 110 seats, is the largest bloc in parliament.

"The budget might not be passed," commented Richard Tambulasi, head of the department of political and administrative studies in the University of Malawi. The court ruling has pushed the ruling DPP into a tight corner and "created political instability", he added.

According to Felix Lombe, a conflict analyst with the Forum for Dialogue and Peace, a programme run by GTZ, the German Development Agency's technical arm, "the opposition is likely to use its muscle to defer votes on expenditure - there will be a delay in the allocation of funds to projects and programmes".

Mutharika has spent almost three conflict-ridden years in power, at the centre of a tense standoff with the opposition that has stalled the functioning of the house and delayed the approval of bills.

The political crisis began when Mutharika left the United Democratic Front (UDF), shortly after it sponsored him in the 2004 general elections, to form his own political organisation, the DPP. The UDF hit back with an impeachment charge, accusing Mutharika of using US$300,000 of public money to launch the DPP.

The political confrontation at the height of a food security crisis in Malawi in 2005 even aroused the donor community's concern. Donors wrote to opposition political leaders, voicing their anxiety over the impeachment proceedings while the country was experiencing a "serious and prolonged food crisis".

Louis Chimango, Speaker of the house and a member of the opposition Malawi Congress Party, has reportedly not indicated whether he would go ahead with the dismissals.

Likely scenarios

Tambulasi said the affected members of parliament (MPs) were likely to lodge an appeal against the court decision, "which could possibly buy them time till the general elections in 2009".

"I don't think anyone wants by-elections, as the firing of the MPs would prompt that, because the country cannot afford them right now. It would also be pointless to have election now, when 2009 is only about a year away," he said.

Lombe said the opposition was not geared for an election and were unlikely to press for it, but "they might make a bid to oust Mutharika through the impeachment process again."

Mutharika survived the impeachment motion after the Constitutional Court blocked the move.

Friday, 15 June 2007

Malawi gov't teeters as court rules against president

Malawi's top court on Friday dealt a blow to President Bingu wa Mutharika, upholding a ruling which could strip his party of almost all of its parliamentary seats and make it hard to legislate government business.

The Supreme Court of Appeals upheld a lower court ruling which would prevent legislators who defected to wa Mutharika's breakaway Democratic Progressive Party (DPP) from taking their seats.

The ruling, which wa Mutharika had challenged, could leave the DPP with as few as five MPs in Malawi's 193-seat parliament, now firmly controlled by allied opposition parties United Democratic Front (UDF) and Malawi Congress Party (MCP).

"While the Constitution of Malawi provides for freedom of association and freedom to hold political opinion, MPs who leave their parties betray the electorate and their parties and must seek fresh mandate through by elections," Chief Justice Leonard Unyolo said in his ruling.

MCP supporters went into a frenzy, dancing and singing party songs soon after the ruling, the latest in a series of political ructions to hit the impoverished southern African country.

"It's a victory for democracy. The ruling has brought sanity among our MPs and this will help bring political sanity in the country," said lawyer for the opposition, Kalekeni Kaphale.

Boniface Dulani, a political analyst at University of Malawi said the ruling seriously weakened wa Mutharika, who has been fighting long and bitter political battles since leaving the UDF and forming his own party after becoming president in 2004.

"The president has been trying to gain power in parliament but with this ruling, he will face an uphill battle in passing government business in the House," Dulani said.

Close to 70 legislators, including cabinet ministers and deputy ministers who joined the DPP could lose their seats if parliament's speaker acts on proposals already put forward by the opposition.

The UDF and MCP already control 115 seats in the legislature and the court ruling looks to give them the necessary two-thirds majority needed to pass measures including constitutional ammendments.

Wa Mutharika's chief political advisor Heatherwick Ntaba said the DPP could still retain the seats through by-elections because wa Mutharika is a popular president.

Wa Mutharika has been pitted against his former mentor and predecessor as president, Bakili Muluzi, whose UDF has joined the MCP in seeking to impeach him on graft allegations and abuse of office.

Last month the two parties threatened to derail any government business in parliament including a rejection of the 2007/08 national budget unless wa Mutharika stopped poaching their MPs and explained overspending by his administration.

Malawi government facing collapse

Blantyre - Malawi's Supreme Court granted powers on Friday to the speaker of parliament to fire defecting MPs in a move likely to lead to the collapse of President Bingu wa Mutharika's minority government.

In a much-anticipated ruling, Chief Justice Leonard Unyolo determined that the speaker could use a controversial constitutional provision to expel any lawmaker who had changed party affiliation, including around 30 former opposition or independent MPs who now sit on the government benches.

"We are in full agreement with the high court that Section 65 of the constitution is not inconsistent with other provisions and it is valid," Unyolo told a packed courtroom.

The judgement was the climax to a long-running dispute which was argued before the lower courts, with Mutharika himself leading the pressure for a definitive interpretation of Section 65 after opposition parties began pushing for the expulsions a year ago.

About 60 of the parliament's 193 members will be affected by the ruling, half of whom are now loyal to Mutharika's government and his ruling Democratic Progress party after being enticed to cross the floor.

The speaker, Louis Chimango, has yet to make his intentions clear but is widely expected to expel the MPs when parliament reconvenes at the end of the month, given his background in the opposition Malawi Congress Party.

Mass by-elections would then be held to replace all those who had been forced out of parliament, leaving Mutharika with the task of having to stitch together another coalition or else be forced out of office.

Attorney General Jane Ansah, who was present at the ruling, told AFP outside the court that she would brief the president about the outcome but acknowledged there was little room for manoeuvre.

"That's the end of it all. This is the highest court of appeal and now it depends on what parliament does," she said.

If Chimango, himself a lawyer, "requires my legal opinion, I will give it to him," she added.

Kalekeni Kaphale, a lawyer for the Friends of the Court pressure group which has been pushing for the expulsions said he was delighted by the verdict.

"It's a good day for some of us who believe in democracy," he said.

Thursday, 14 June 2007

Malawi coalition on edge

Malawi’s supreme court is due to deliver a much-anticipated ruling on Friday which could lead to mass expulsions of MPs and the collapse of President Bingu wa Mutharika’s minority government.

The court is to determine whether the speaker of parliament should have the power to expel some 60 MPs -- half of whom are loyal to Mutharika’s government -- who have changed their party affiliation since being elected, court sources said.
If Chief Justice Leonard Unyolo and two other senior judges grants the speaker the power to expel the lawmakers after parliament reconvenes on June 29, it could pave the way for mass by-elections to the 193-member parliament.

The judgment will be the climax to a long-running dispute which has already been before the lower courts, with Mutharika himself leading the pressure for a definitive ruling after opposition parties began pushing for the expulsions.

Mutharika, who had poached dozens of opposition and independent lawmakers to join his Democratic Progress Party, decided to take the case to the supreme court last January to appeal a ruling by the constitutional court which granted the expulsion powers to the speaker, Louis Chimango.

The speaker has yet to make his intentions clear but is widely expected to expel the lawmakers given his background as a member of the opposition Malawi Congress Party. –Sapa-AFP

Malawi coalition on edge

Malawi’s supreme court is due to deliver a much-anticipated ruling on Friday which could lead to mass expulsions of MPs and the collapse of President Bingu wa Mutharika’s minority government.

The court is to determine whether the speaker of parliament should have the power to expel some 60 MPs -- half of whom are loyal to Mutharika’s government -- who have changed their party affiliation since being elected, court sources said.
If Chief Justice Leonard Unyolo and two other senior judges grants the speaker the power to expel the lawmakers after parliament reconvenes on June 29, it could pave the way for mass by-elections to the 193-member parliament.

The judgment will be the climax to a long-running dispute which has already been before the lower courts, with Mutharika himself leading the pressure for a definitive ruling after opposition parties began pushing for the expulsions.

Mutharika, who had poached dozens of opposition and independent lawmakers to join his Democratic Progress Party, decided to take the case to the supreme court last January to appeal a ruling by the constitutional court which granted the expulsion powers to the speaker, Louis Chimango.

The speaker has yet to make his intentions clear but is widely expected to expel the lawmakers given his background as a member of the opposition Malawi Congress Party. –Sapa-AFP

Saturday, 26 May 2007

SOUTHERN AFRICA: AIDS leaves its mark at the ballot box

Every year for the last 10 years, the Zambian government's reports to the World Bank have shrunk in both length and quality. From 100 pages they are down to 25 and vital statistics are missing. Why?

Some experts suggest the reason is the untimely loss of experienced civil servants as a result of AIDS. "These reports are one of the few government outputs we can monitor and compare over a long period of time," said Nana Poku, professor of African studies at the University of Bradford, in the United Kingdom, and former director of the United Nations Commission on AIDS and Governance in Africa.

Poku was addressing a conference in Cape Town this week, organised by the Institute for Democracy in South Africa (IDASA), to discuss the impact of AIDS on elections, governments and voters in southern Africa, the epicentre of the epidemic.

In the new and mostly conjectural field of AIDS and governance, the evidence is scattered and hard data is hard to come by. But from the research conducted by IDASA in Namibia, Malawi, Senegal, South Africa, Tanzania and Zambia, some worrying patterns have emerged.

Untimely deaths

In Malawi, between 1994 and 1999, at the epidemic's peak, 42 Members of Parliament (MPs) died. Although the death certificates did not mention AIDS, in 2000, the speaker of the National Assembly said that 28 MPs had died of AIDS-related illnesses in the 1996-2000 legislature. Malawi's HIV rate is 14 percent.

The good news is that between 2000 and 2004, only 12 MPs died, and only five between 2005 and 2006. The drop after 2000 coincides with life prolonging antiretroviral (ARV) treatment becoming cheaper and widely available.

Most of the dead MPs were aged between 40 and 60, a sexually active and affluent group with a good many reasons to contract HIV.

"MPs have money, they are popular, and they engage in risky behaviour," said Dr Flora Kessy, a social scientist at the Ifakara Health Research and Development Centre in Tanzania.

But if MPs are taking ARVs, they are not talking about it. Not one MP in southern Africa is on record as being HIV-positive, yet their death patterns mirror those of their voters: unusually high mortality among the relatively young.

"It is unrealistic that no MP would be HIV-positive," said Kondwani Chirombo, manager of IDASA's Governance and AIDS programme.

Fear is the reason for their silence. "It is political suicide to disclose one is HIV-positive," said researcher Elijah Rubvuta, of the Foundation for Democratic Process in Zambia.

His research found that few Zambian voters want an HIV-positive candidate to stand for office, and AIDS has become "political ammunition". Candidates who start losing weight or looking sick are quickly discredited.

Last year, top officials of all political parties told the researchers that candidates perceived as HIV-positive were political liabilities.

Costly deaths

In Zambia, the number of by-elections due to the death of MPs rose sharply in the 1990s, mirroring the rise of seroprevalence, now at 17 percent among adults.

Of the 46 by-elections held between 1964 and 1984, less than seven percent were due to death by disease or old age. Between 1985 and 2003, as HIV spread, 102 by-elections were held, and 60 percent were due to the death of incumbent MP from disease.

The immediate political cost of by-elections is the constituency's loss of representation and voice as electoral commissions struggle to find the money to hold fresh polls.

In Malawi, it took more than a year to conduct by-elections in six constituencies that

fell vacant after the 2004 elections. The price tag? Nearly half a million US dollars for the six ballots, and unquantifiable frustration for the voters.

In Zambia, a by-election in a large constituency will cost up to US$200,000, and up to US$500,000 in Tanzania.

Tiny and impoverished Lesotho forked out US$130,000 for each by-election since 2002. Three of these were due to the death of the MPs.

Another political cost is that small opposition parties are disadvantaged by election re-runs, compared to the better-organised and better-resourced ruling parties.

IDASA is now calling on countries that use the first-past-the–post electoral system, which requires by-elections, to switch to proportional representation and party lists, where MPs are assigned seats by their parties.

Voters stay at home

AIDS affects both politicians and voters alike. Between 1999 and 2003, South Africa recorded a sharp increase in mortality, up to 200 percent, among registered voters in the 20-49 age group, particularly among women aged 30-39. Again, this follows AIDS-related death patterns.

South Africa can afford to maintain its voters roll efficiently and trim dead voters: poorer countries like Malawi cannot. This may fuel accusations of ghost voting, in addition to struggling with bloated, inaccurate voters rolls.

In South Africa's eastern KwaZulu-Natal province, the region hardest hit by AIDS, HIV-positive people in focus groups said they feared discrimination at poll queues, IDASA noted. They said their neighbours would not stand in the same queue with someone who showed signs of the disease, such as sores or rash.

AIDS-related illness can also mean disenfranchising those in households who on election day have to care for the sick, and orphans.