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The Supreme Court of Appeal is this week expected to make a ruling on preliminary objections surrounding the controversial Section 65 of the Constitution which gives the Speaker of Parliament powers to declare vacant seats of MPs who join other parties other than those that sponsored them to the National Assembly.
The much-awaited ruling comes in the wake of impatience, especially from opposition parties who petitioned Speaker Louis Chimango to declare vacant seats of their MPs who joined President Bingu wa Mutharika’s Democratic Progressive Party (DPP).
High Court and Supreme Court of Appeal Registrar Sylvester Kalembera said the issue was heard at the Supreme Court on June 19.
"It was heard on the 19th but what we are waiting for is the ruling to be delivered. So possibly this week, we should have the ruling delivered," said Kalembera.
President Bingu wa Mutharika obtained an injunction stopping Chimango from making a ruling on the issue in Parliament until the Constitutional Court interprets the section.
Kalembera explained that before their ruling, the court was supposed to determine whether the Speaker and the National Assembly had powers to engage private lawyers without the Attorney-General’s consent and whether the Speaker was supposed to be heard in the Section 65 case.
He said the court ruled against the Speaker and the National Assembly but the two appealed.
Kalembera said the ruling is on the appeal.
Chimango has been under pressure to apply the section on the MPs who are deemed to have crossed the floor.
MCP Central Region supporters recently petitioned Chimango for failing to use his powers to apply the section on three of its MPs who have joined government as Cabinet ministers.
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