Date Of Article: 4/22/2003
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Govt to challenge Mpasu’s injunction
By: Joseph Langa and Denis Mzembe
Attorney General Peter Fachi says government has not yet made any plan to remove Speaker of the National Assembly Sam Mpasu through two thirds majority in Parliament but said it has decided to challenge his injunction. Fachi said he is looking at the injunction papers and has already made a decision to challenge it in court before the end of this week. “We have no plans to remove him through Parliament yet but we will challenge the injunction. We are definitely challenging it,” he said. The High Court in Blantyre granted Mpasu an injunction stopping President Bakili Muluzi and the Attorney General from forcing him to relinquish his current position to become Commerce and Industry Minister. Mpasu told The Nation in an earlier interview, Judge Frank Kapanda granted him an injunction following his submission that it was unconstitutional to remove him as Speaker. He said he would be happy to be removed by Parliament which elected him to the position. Meanwhile, the opposition says it is geared to support Mpasu should government try to remove him through Parliament. “In fact they shouldn’t try because they will not succeed. We cannot support to remove people from their positions unconstitutionally. We will defeat it like the third term bill,” said Green Mwamondwe interim publicity secretary for the newly formed Genuine Aford pressure group. MCP director of Political Affairs Jodder Kanjere said his party will support Mpasu should government decide to remove him because as a party they would like to uphold the independence of the legislature and its leadership. “The speaker should first resign before taking up a new post but he should not be forced to resign. MCP would like to strengthen the independence of the three arms of government. We will support the independence of the legislature by supporting the Speaker,” he said. In a related development President Bakili Muluzi yesterday said as far as he is concerned the position of Speaker fell vacant when Mpasu was appointed Minister of Commerce and Industry. “We are in these positions on behalf of the people. We cannot be seen to be defying authority. The most honourable thing is to resign and not going to court,” Muluzi said on arrival from Libya. He said he expected to swear in Mpasu as minister today and it came as news to learn the position has been rejected. Commenting on his Libyan visit Muluzi said Libyan Leader Muammar Gaddafi has promised that the construction of the hospital in Blantyre will start very soon since the Libyan government has already signed an agreement with a construction company to be engaged on the project. He also said the 4,000 metric tonnes of maize promised when Gaddafi visited Malawi have are already been shipped to Malawi.
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