Namisa Blogger of the year 2013,Stimulating the much needed debate

The Malawi human rights has urged the Speaker of the national assembly
Henry Chimunthu Banda and relevant authorities to enforce section 65
in order to uphold the sanctity of the Constitution, and instill the
spirit of political pluralism in the country.
This is according to the report released by the Malawi Human Rights
Commission (MHRC), a state body responsible for human rights
in Malawi for the period June to December 2012.
The Commission has blamed the speaker of the national assembly and office
of the Attorney General lawyers for contributing to the delay on the implementation of section 65, a law that prevents members of parliament whose parties are represented in parliament from crossing the floor.
The report has concluded that‘the roles played by different
stakeholders such as the office of the Attorney General, the lawyers
for various applicants for injunctions and the courts have
delayed to end the cases’
The report has further observed that the remedy of an injunction by
parties is ordinarily temporary except where the court grants an order
of permanent injunction.
However the commission has expressed concerns in the implementation
of
section 65 that it takes several months or years thereby standing
in the way of respect for constitutionalism in Malawi.
The Commission has however urged the Speaker and relevant authorities
to enforce section 65 in order to uphold the sanctity of the
Constitution, and instill the spirit of political pluralism.
The Commission has also emphasized that the main objective of section
65 of the Constitution is to preserve and maintain political pluralism
in a multi-party democracy, and ensure that members of the National
Assembly retain the status they professed at the time of elections
throughout their tenure in the National Assembly.
The Commission therefore called on relevant authorities and parties
involved in constitutional cases like the implementation of section 65
of the Constitution to deal with such cases expeditiously within the
spirit of the Court (High Court) (Procedure on the Interpretation or
Application of the Constitution) Rules, considering the significance
and the wider implication of such cases on constitutionalism in
Malawi.

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