Malawi attorney general defends budget session postponement
By the AFREEQUE newsroom, based on Nyasa Times
Illustrative image · Isaac Naph · Pexels · Licence PexelsMalawi’s Attorney General Frank Mbeta says President Peter Mutharika had the power to postpone the National Assembly session devoted to reviewing the mid-year budget. He cites fuel shortages and preparations for risks linked to El Niño, while the Malawi Law Society disputes this interpretation of the law, Nyasa Times reports.
Malawi’s Attorney General, Frank Mbeta, says President Peter Mutharika had the power to postpone Parliament’s mid-year budget session, according to Malawian media outlet Nyasa Times. He argues that session dates are set after consultation between the president and the Speaker of the National Assembly, and that the postponement was not unconstitutional.
Frank Mbeta cites fuel shortages and the need to build up stocks of food and supplies in anticipation of possible conditions linked to El Niño. He believes that the resources available to hold the session are also among the factors the president may take into account.
The Malawi Law Society disputes this interpretation. Its president, Davis Njobvu, and honorary secretary, Francis Ekari M’mame, say that Article 59(1) of the Constitution authorises the president to convene special sessions and prorogue Parliament, but not to ask the Speaker to cancel a session already on the calendar. They believe such a power would undermine Parliament’s independence.
Frank Mbeta’s position adds a new argument to the debate opened by the postponement of the parliamentary session to prepare the response to El Niño, announced on 29 October. On 31 October, MP George Nankhumwa accused Peter Mutharika of threatening the independence of the Malawian Parliament.
