Malawi: Government challenges legality of 12 parliamentary inquiries

In a statement released on September 10, Chief Secretary to the Government Justin Adack K. Saidi argued that the authority to establish parliamentary commissions lies with Parliament and cannot be exercised unilaterally by the National Assembly President.

The executive acknowledges the Assembly’s oversight role but insists that the announced procedure must adhere to constitutional rules. The government particularly references provisions governing the establishment of parliamentary commissions and the composition of Parliament.

This challenge comes as the High Court has already temporarily suspended the establishment and operation of the proposed joint commissions. This measure was taken in response to a judicial review request filed by Austin Mkoka and does not constitute a final ruling on the matter.

Sameer Suleman confirmed that he has received the court order and indicated that Parliament would consider the next steps, including the possibility of contesting the measure. The Assembly President had announced the investigations in the name of enhancing oversight over the management of several public agencies.

The inquiries target various entities, including immigration services, public electricity companies, the Blantyre Water Board, the National Oil Company of Malawi, fuel transportation, the Salima-Lilongwe water project, as well as the administration and delays in pension payments.

The court has allowed the judicial review to proceed and scheduled a hearing within 14 days from the provisional order.