Maravi

Sata wants more Judiciary reforms

Sata wants more Judiciary reforms
By Chibaula Silwamba and Patson Chilemba
Fri 07 Oct. 2011, 14:40 CAT

PRESIDENT Michael Sata says the country needs more reforms in the judiciary so that the people can receive justice. And President Sata has asked Speaker of the National Assembly Dr Patrick Matibini to exhibit maximum impartiality and allow members of parliament to debate freely.

Meanwhile, newly-elected Speaker Matibini says he will be the guardian of the rights of all members of parliament. And Vice-President Guy Scott said Speaker Matibini's first loyalty will be to the House and that he is not a servant of the executive or the judiciary.

Meanwhile, sources revealed that MMD and UPND members of parliament were ‘quarantined' at three hotels on Wednesday night to ensure that the PF does not infiltrate and persuade them to vote for Matibini.

During the swearing-in ceremony of Dr Matibini as Speaker, Mkhondo Lungu as Deputy Speaker and Chifumu Banda as chairperson of parliamentary committees of the House at State House yesterday, President Sata thanked Chief Justice Ernest Sakala for accepting Dr Matibini's resignation at short notice so that he could take up the position of Speaker.

"The same way they have treated you in electing you, whether it was unanimous or whatever it was, I expect you to exhibit maximum impartiality when you are dealing with the House. There are some people who will try to create unnecessary problems, but looking at the current Parliament I don't think you will find one," President Sata said.

"If it was in the days of Benny Mwiinga, Lanson Hantuba yes, but not the current Parliament, they won't even understand ‘filibustering'. In Parliament, let people debate freely."

President Sata said members of parliament should debate as national leaders in Parliament, and that he was grateful on the reforms in the House.

"And we need more reforms in the judiciary so that justice can go to the people, because justice delayed is justice denied. And we are told the accused must be heard. So the Chief Justice, I met him earlier on. I did not know he was going to hang around to see one of his High Court judges ascending, they are not at par, but he Speaker Matibini is head of the legislature," he said.

President Sata said the success of the government depended on a vigorous and energetic Parliament.

"When you are talking of corruption, the Speaker should not muzzle the bird on those things. Let people debate freely. The only people who are restricted, who can't debate freely are ministers. Ministers are slaves, they can't debate openly," President Sata said.

"And it's up to you, when you find a minister is debating like a backbencher, rule him out of order and if he misbehaves, kick him out like former speaker Mr Nabulyato kicked out Benny Kakoma when he was trying to be unruly."

President Sata said the road was not easy, but Dr Matibini was lucky because he had two experienced people in parliamentary affairs who surrounded him, like Lungu "who is trained in juju and traditions".

"Afford all members of parliament freedom to debate because sometimes in that House you don't catch the speakers. You can be huge like Mr GBM defence minister Geoffrey Bwalya Mwamba but you will never catch the Speaker's eye and there are some people who will always catch the Speaker's eye even if they are dwarfs. But let us try as much as we can to exhibit impartiality," he said.

President Sata said conditions of service at Parliament needed to be looked into because there was a very huge gap between conditions of service in the judiciary and those obtaining at Parliament.

He said he had authorised for Dr Matibini to continue accessing conditions of service from the judiciary until such a time the Standing Orders Committee looked into the conditions of service at Parliament.

"Be Speaker, be yourself," said President Sata.

And in his inaugural speech after his election yesterday, Speaker Matibini told the parliamentarians that it was a tremendous challenge and great honour for him to have been elected.

He said he would be the impartial guardian of the rights of everyone in this House.

"In accordance with the tradition, I rise to submit myself to the will of the House and in doing so, I wish to take this opportunity to congratulate His Excellency the President, His Honour the Vice-President and all of you members. I also wish to congratulate the nation at large for holding successful tripartite elections on 20th September, 2011," Speaker Matibini said. "It's, therefore, with great humility that I submit myself to the will of the House."

Clerk of the National Assembly, Doris Mwiinga, who was the returning officer, declared Dr Matibini as the new Speaker after he polled 78 votes against UPND's vice-president Richard Kapita who got 77 in a tightly contested race.

All 155 members of parliament voted in the 158 member parliament except for three constituencies where elections are yet to take place with two having been delayed on account of deaths of candidates while in Chongwe, the MMD's candidate who was declared winner opted to resign after being elected.

Ruling Patriotic Front (PF) members of parliament burst into jubilation immediately Mwiinga declared Dr Matibini Speaker. The PF parliamentarians chanted their party slogan "Don't kubeba! Shhh!" and hugged one another as former vice-president George Kunda, Dora Siliya, the MMD and UPND camps looked displeased.

Addressing the House, in his message to congratulate Dr Matibini, Vice-President Guy Scott said the office of Speaker was an essential feature of a democratic Parliament.

"As head of the legislature, you are the custodian of the rights and privileges of the members of parliament. Your allegiance is to the cause of Parliament's liberty. You are neither a servant of the executive nor the judiciary. Your first loyalty is to this House," said Vice-President Scott, who is the leader of government business in the House.

"I am positive that you will treat all members of parliament, elected and nominated, from both the opposition and ruling parties equally and that you will ensure that all members enjoy the same rights, privileges and immunities and have the same opportunities."

Vice-President Scott said he was sure that Speaker Matibini would, without fear or favour, make fair rulings on all important national issues that would be raised in the House.

MMD's Lundazi Central member of parliament Mkhondo Lungu and Forum for Democracy and Development (FDD) Chasefu member of parliament Chifumu Banda were elected unopposed as Deputy Speaker and chairperson of committees of the House, respectively. Both Lungu and Banda's constituencies are in Lundazi district.

Lungu and PF's parliamentary Chief Whip Yamfwa Mukanga ushered Speaker-elect Matibini into the Chambers. In a traditional style, Lungu and Mukanga were pulling Speaker Matibini, as he was staggering as if resisting his election. The staggering and orchestrated-resistance is part of the grand entry into the chambers by the Speaker-elect until he reaches the official chair reserved for the Speaker.

All parliamentarians and people in the press and public galleries burst into laughter and ululation as the new Speaker entered the House.

Immediate past speaker Amusaa Mwanamwambwa, who sat in the public gallery directly opposite the Speaker's seat, witnessed the whole process.

Meanwhile, sources revealed that the MMD and UPND leaders held several meetings at Chrismar Hotel for the two parties' legislators ahead of the Speaker's election.

The sources said UPND leader Hakainde Hichilema addressed parliamentarians from both parties, urging them to be united and vote for Kapita.

The sources said MMD and UPND parliamentarians were forced to sleep at Chrismar Hotel, Golden Bridge Hotel and Golf View Hotel to avoid the PF ‘polluting them' to vote for Matibini.

"We had to sleep at these three hotels because they didn't want us to mingle with the PF. Even those six MMD parliamentarians that accepted deputy ministerial posts were forced to sleep at the same hotels," the sources said. "Those six were verbally abused by their MMD colleagues for accepting to be part of the PF government. They are being mistreated."

MMD and UPND members of parliament were taken to Parliament in public buses under the watchful eye of their senior party officials to ensure they did not mingle with the PF before the vote.

Soon after their arrival in the opposition members' car park, former health minister and MMD's Senga Hills parliamentarian Kapembwa Simbao ordered all of them to gather at one place for the roll call.

Richard Taima conducted a roll call for MMD parliamentarians while the UPND did their own.

"Where is Honourable Dora Siliya," Taima was heard asking as he sounded to be panicking, complaining "the number is not enough". Siliya did not show up to join her fellow opposition legislators until later when she entered the House.

Looking sad, the one-time all-powerful ministers had to raise their hands when their names were called out.

Former minister of information and Keembe parliamentarian Lieutenant General Ronnie Shikapwasha looked sombre during the roll call while others mingled and hugged one another.

When approached for an interview, Lt Gen Shikapwasha, responded: "I don't give interviews. Ask others!"

Later, upon arrival in a private registered vehicle with tinted-windows, former vice-president George Kunda proceeded to greet other former ministers. Former community development minister and MMD Mwandi member of parliament Michael Kaingu remarked to Kunda, "you look much better today" as he straightened the former vice-president's jacket collar.

"Yes! Yes!" responded Kunda as the backbenchers consoled one another over their loss of government portfolios.

Thereafter, Kunda and Taima asked all parliamentarians from both parties to proceed to the chambers.

"Let's go and fight them now," some parliamentarians were heard saying as they walked into Parliament building.

Labels: GUY SCOTT, JUDICIARY, MICHAEL SATA, PARLIAMENT, PATRICK MATIBINI

posted by MrK @ 8:43 AM