Speaker Suleman, Parliament defend powers to probe MDAs

Speaker of the National Assembly Sameer Suleman and Parliament are set to face court today over the legality of 12 joint committees established to investigate alleged governance lapses in public institutions.

The two defendants have filed their defences in the judicial review brought by concerned citizen Austin Mkoka, who is challenging the constitutional basis of the committees.

Private-practice lawyer Bright Theu confirmed yesterday that he has been engaged to represent Suleman and Parliament in the case.

“I have been approached to represent the two defendants, the Speaker as an office of the National Assembly and the Parliament of Malawi,” said Theu as quoted by Nation Online

High Court Judge Allan Hans Muhome is scheduled to hear the matter today, October 8 2026.

Mkoka’s lawyer Noel Supedi also confirmed that the court set today for hearing of the judicial review application.

Mkoka is challenging Suleman’s announcement to use joint parliamentary committees to investigate alleged governance concerns involving various government ministries, departments and agencies (MDAs).

He is asking the court to determine whether Parliament has the constitutional authority to establish the committees and conduct the investigations.

The court has already stopped the investigations through an injunction pending determination of the matter.

The case has attracted wider attention, with the Malawi Law Society (MLS) joining as a friend of the court.

MLS president Davis Njobvu said the society would assist the court on issues concerning the powers of the Speaker and parliamentary committees, including the principle of separation of powers.

“We have filed documents to guide the court on among others, issues to do with standing or locus standi and also the oversight powers of the Speaker and the various committees of the National Assembly in line with the important principle of separation of powers to ensure that there is transparency, accountability and checks and balances,” he said.

The legality of the committees has also generated debate within government and the Democratic Progressive Party (DPP), where Suleman serves as national organising secretary.

Chief Secretary to the Government Justin Saidi argued in a September 10 statement that the power to establish parliamentary committees rests with Parliament and cannot be exercised unilaterally by the Speaker.

Section 56(6) of the Constitution, however, provides for Parliament to establish committees, including joint committees, to perform its oversight functions.

The committees were announced to investigate concerns involving institutions including the Department of Immigration and Citizenship Services, Electricity Supply Corporation of Malawi, Electricity Generation Company, Power Market Limited, Blantyre Water Board and National Oil Company of Malawi.

Other issues include alleged preferential treatment of international transporters in fuel transportation and delays in pension payments.

President Peter Mutharika and Suleman also met in Lilongwe amid the dispute, with Parliament describing their discussions as “very cordial” and saying they reaffirmed respect for the separation of powers among the Executive, Legislature and Judiciary.

The court hearing today is expected to provide the first major judicial examination of the constitutional questions surrounding the Speaker’s decision to establish the committees.