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| National |
| Lawyers unhappy with security service |
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by
Chikumbutso Ndaferankhande, 02 October 2006
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11:35:42
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The Malawi Law Society (MLS) has slammed government over its decision to start operations of the Security Intelligence Service (SIS) before the enactment by Parliament of proposed legislation to create and regulate the organisation.
The SIS is a replacement for the disbanded National Intelligence Bureau (NIB).
But Information Minister Patricia Kaliati says the MLS should have referred the matter to Parliament which, she said, always frustrates government bills.
In a letter addressed to the Secretary to the President and Cabinet (SPC) Bright Msaka and signed by the body’s president Mabvuto Hara, the MLS says it is illegal for government to start recruiting staff for the security institution in the absence of the legislation.
The law body also argues that failure by the Executive to bring the bill into Parliament gives the impression that government has no respect for the rule of law.
“While appreciating the requirement of the security of the State, we wish to point out that the operationalisation of the Service in the absence of legislation is unlawful.
“Further, the attitude of government in ignoring and disregarding calls by the National Assembly—for the government to bring a bill before [Parliament]—sends a message of lack of respect for the rule of law,” reads the letter in part.
According to MLS, it is crucial for the SIS to operate on a solid legal basis as its work is bound to affect people’s rights, stressing that any interference with human rights in a democratic environment should be done according to the law.
“A key reason for placing intelligence agencies on a legislative bases is to provide them with a clear set of operating parameters and a legal mandate for their work because the rule of law is a fundamental and indispensable element of democracy.
“It is only if security and intelligence agencies are established by law and derive their powers from legislation that they can enjoy legitimacy,” argues the body in the letter.
Home Affairs and Internal Security Minister Bob Khamisa asked for a questionnaire when asked to respond to the issues raised by MLS on Sunday.
Justice and Constitutional Affairs Minister Bazuka Mhango refused to comment on the issue, saying he could not discuss the matter on the phone.
Chairman of the Legal Affairs Committee of Parliament Atupele Muluzi shared MLS’ concerns on the issue.
Muluzi said although intelligence services are crucial for the security of any country, it is important that their operations are based on the law.
“Parliament already raised this issue and we are waiting for government to propose the bill. The Service is indeed important but it has to be properly functioning. Government shouldn’t be afraid that we will defeat the bill on malice when it comes into Parliament. We just want to normalise issues,” he said.
But Kaliati, while welcoming the concerns, said MLS should have addressed the issue to Parliament which, according to her, always tries to frustrate government bills.
“It’s Parliament which does things for the sake of politics. We can’t wait for Parliament for everything. They already wanted to frustrate us on this issue and we can’t go back to them unless we are convinced that they will act in good faith,” she said.
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