This article was originally published on Malawi24 ">Malawi24, Malawi's #1 independent news platform. Speaker of Parliament Sameer Suleman’s push to establish ad-hoc committees to investigate suspected failures and possible corruption in key government institutions has hit a legal hurdle. A Malawian citizen has dragged Parliament to the High Court in a challenge that echoes the Democratic Progressive Party’s criticism of Speaker Suleman’s probe initiative, which has nevertheless won […] Read the
Speaker of Parliament Sameer Suleman’s push to establish ad-hoc committees to investigate suspected failures and possible corruption in key government institutions has hit a legal hurdle.
A Malawian citizen has dragged Parliament to the High Court in a challenge that echoes the Democratic Progressive Party’s criticism of Speaker Suleman’s probe initiative, which has nevertheless won support from many who view it as a necessary step towards accountability.
Austin Mkoka has filed an urgent application for judicial review against Suleman and Parliament, asking the court to determine whether the legislature has constitutional authority to establish the proposed committees and conduct the investigations.
Mkoka is also seeking an order temporarily stopping Parliament from proceeding with the investigations until the court makes its determination on the legality of the move.
The legal challenge comes after Suleman proposed the establishment of ad-hoc committees to investigate several public institutions, including the National Oil Company of Malawi (NOCMA), Electricity Supply Corporation of Malawi (ESCOM) and Blantyre Water Board.
The initiative has drawn sharp criticism from the ruling DPP, which has questioned whether Suleman is pushing Parliament beyond its constitutional oversight mandate.
On Thursday, DPP Secretary General Peter Mukhito criticised Suleman over the proposed investigations, arguing that Parliament should operate within the limits of its oversight role.
The legal challenge has added a political dimension to Mukhito’s remarks, effectively waging war on an initiative that has attracted strong public support.
Activists and other sections of the public have backed the Speaker’s move, arguing that Parliament must be bold enough to investigate institutions where public money, service delivery and national development projects are at stake.
They see the proposed ad-hoc committees as an important tool in the fight against corruption and a way of forcing public institutions to account for their decisions and use of resources.
Mkoka, however, argues that Parliament has no legal basis to establish the proposed committees for the investigations.
He further contends that proceeding with the probes would be inconsistent with Section 49(1) of the Constitution, which sets out the constitutional framework governing Parliament.
The High Court will determine whether Suleman’s probe drive can proceed or whether the legal challenge will bring the investigations to a halt.
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