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| National |
| Government wants motion mover out of House |
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by
Bright Sonani, 24 October 2005
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08:01:28
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Government has written Speaker of the National Assembly asking him to declare vacant the seat of the mover of the impeachment motion Maxwell Milanzi, MP for Mangochi Malombe, on grounds that the parliamentarian was convicted of theft by public servant in 1999.
But the MP denies it.
Attorney General Ralph Kasambara said Sunday he received a complaint from the Democratic Progressive Party (DPP) that the MP who moved the motion to indict and impeach President Bingu wa Mutharika has a criminal record and should not have been allowed to contest in the 2004 elections.
Kasambara said he has since written Speaker Louis Chimango to declare vacant Milanzi’s seat and call for by-elections.
According to a letter from DPP first deputy Secretary General Ben Dzowela to Kasambara, the MP was sentenced to nine months imprisonment with hard labour but suspended for two years after being convicted of the offence of theft by public servant.
“As I understand it, Honourable Milanzi did not qualify to be elected as an MP. Thus his seat ought to be declared vacant. Since you are the Principal Advisor to the National Assembly, I hope you will do the needful to reverse this unconstitutional conduct,” said Dzowela in the letter.
The letter has been copied to the Clerk of Parliament, Malawi Electoral Commission (MEC), Leader of Government Business in Parliament, Leader of Opposition, UDF Chief Whip and UDF Secretary General.
Court records from Kasungu First Grade Magistrate Court indicate that Milanzi embezzled funds amounting to K23,425 belonging to Small Enterprise Development of Malawi (Sedom) while working for the company as an Assistant Loan Officer in Mponela, Dowa.
The records indicate that the Milanzi embezzled the money, which was said to have been collections from Sedom’s clients between December 21, 1998 and January 29, 1999.
He was convicted on May 18, 1999 on his own plea of guilty.
In an internal memorandum from Milanzi to his employers dated February 4, 1999 the MP admitted having used the money to start a timber sawing business in Ntchisi and promised that he would pay back the money after sales of the timber.
Following the theft Milanzi was dismissed from Sedom on February 5, 1999.
According to Section 51 (2) (c) of the Malawi Constitution, a person cannot contest for a parliamentary seat if he has, within the last seven years been convicted by a competent court of a crime involving dishonesty or moral turpitude.
In an interview, Milanzi denied that he was once convicted.
“Of course, I have heard from some people about government’s intention and I am only waiting for the Speaker to write me and I will respond accordingly,” he said.
Milanzi said he suspected that the move was only aimed at getting even with him after he moved the controversial motion.
He also denied having worked for Sedom.
MEC Chief Elections Officer Anthony Masanza said on Sunday he has not yet received any communication on the matter.
“Until Friday, I haven’t received anything, let’s wait until Monday,” said Masanza.
Chimango could not be immediately reached to confirm if his office has received the letter from the Attorney General as his phone was out of reach almost the whole day while Clerk of Parliament Roosevelt Gondwe said it was only the Speaker who could comment on the matter since it was something to do with his office.
“We are two different offices and his mail is not my mail,” said Gondwe.
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