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AG dillydallying on third term
By Joseph Langa - 02-06-2003
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Why is the Third Term Bill not being withdrawn from Parliament? That is the one million dollar question people are asking, but Attorney General Peter Fachi says noone should push him to disclose what he thinks about the bill.
AG’s silence on the bill is lending credit to speculation that the bill might be tabled for debate in the House at a time when the opposition and other groups opposed to it least expect it.
UDF’s recent efforts to reduce opposition numbers in the House, by declaring their seats vacant, while shoring up support from certain sections of the opposition, also point to a trend in the party’s activities that cannot be mistaken for a mere coincidence.
MCP President John Tembo, the party’s former secretary general Kate Kainja, lost their seats in the House early this year after being convicted for contempt of court. They have appealed against the ruling. Tembo who last year, befriended the UDF angered the party when he declared his stand against the third term bill. Speaker also declared Blantyre Kabula MP Jan Jaap Sonke’s seat vacant two weeks ago using the controversial Section 65 of the Constitution.
At the same time, UDF has swelled up numbers of opposition MPs by appointing them into cabinet in a move that literally brings them over to UDF.
Fachi refused to discuss the matter when quizzed by this reporter to explain why it is taking too long for him to come up with a decision saying “no one should probe into his decision on the matter” and cut the phone.
“Why do you want to know what I am thinking? If I come up with my position
the public will be told. After all I have said on several occasions that I
have not yet received a report from the Legal Affairs Committee. Why are
you pushing me?” he said.
But the Legal Affairs Committee to which the bill was referred says it is still waiting for direction from the Attorney General on whether or not to withdraw the bill.
Chair of the committee Abudala Mdala (UDF) said during the last meeting of
Parliament, the committee can only withdraw the bill on instruction from
the AG who introduced it in the House.
Mdala said AG has powers to withdraw the bill even before a briefing from the committee because it is a government bill.
“The attorney general has the power to withdraw the bill even before we go
to him. If he doesn’t come to us to tell us his position we will assume the
bill is still on and it may be debated,” he said.
Public Affairs Committee (Pac) Chair, Boniface Tamani said in a statement
Thursday there was need for the bill to be withdrawn as a matter of urgency
to avoid greedy politicians to abuse the situation by reverting to it.
Tamani said the silence on the position of the third term bill is
unbearable saying the issue of the bill should be closed following its
unpopularity with most Malawians.
He said Pac was concerned after noting that the legal affairs committee of
parliament did not make any announcement on the position of the bill during
the previous meeting although the bill was referred to it some time back.
Tamani said when the bill was referred to the committee recently, Pac and
other civil society groups petitioned the committee to throw it out as a
matter of urgency and close the matter completely.
“We maintain the same position now and wish to appeal to the committee to
dispose of the undesirable bill as a matter of urgency.”

 

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