Re: Section 65

See also the Judgement of Mwaungulu in the case in which UDF sought to have Fred Nseula's seat declared vacant (don't have the full citation). To me "crossing the floor" is a legal term. In mind I have no doubt at all that actually crossing the floor in parliament (physically) more than satisfies the test employed by Mwaungulu J. In that case, Nseula did not even declare he had moved from UDF to MCP but simply attended an MCP rally and sat on the VIP lounge and acted for all purposes as MCP and that was enough. Afortiori actual crossing the physical barrier and writing to the Speaker to inform him that "I have left party B and joined C or will be sitting with C".

Palibe nkhani apa. It is all deliberately being complicated in my view!

Sent from my BlackBerry® smartphone 'aired' by Airtel Malawi.

---

From: George Naphambo <naphambo@yahoo.com>

Sender: malawi_lawsociety@googlegroups.com

Date: Sat, 23 Jun 2012 11:46:23 +0200

To: malawi_lawsociety@googlegroups.com<malawi_lawsociety@googlegroups.com>

ReplyTo: malawi_lawsociety@googlegroups.com

Subject: Re: Section 65

Redson I agree with u. Actually what evidence does the speaker have that certain members have the right to sit on government benches rather than the opposition side?

Sent from my iPhone

On 21 Jun 2012, at 15:23, Redson Kapindu <rkapindu@yahoo.com> wrote:

 

Michael,

 

Am not sure whether this process really requires, of necessity, bulky documentation regarding the formal processes of resignation from one party and joining another party, etc. In the s.65 Presidential Referral case, the Supreme Court held that "voluntary [sic] ceasing to be a member of a party need not only be by an overt act, such as writing a letter of resignation. It should, in appropriate cases, be construed from the conduct of the member of the National Assembly concerned." So I guess the Speaker may competently examine the conduct of a particular MP and make a determination. Evidence relating to such conduct will, of course, have to be adduced. This in turn could be a very contentious and tenuous process, but well...

 

 

From: Michael Chipeta <mchipeta@ymail.com>
To: "malawi_lawsociety@googlegroups.com" <malawi_lawsociety@googlegroups.com>
Sent: Thursday, June 21, 2012 2:16 PM
Subject: Re: Section 65

Absolutely, Thabo. You see, the Statement "Mr. Speaker sir, Michael Goba Chipeta has defected from DPP to PP, crossing the floor, and we seek your powers to declare his seat vacant!" of sublime necessity demands that its author show the speaker (1) The procedure required in order to leave/defect from DPP and whether Goba did by that procedure defect; (2) The procedure for joining PP and whether the Gobz really did by that procedure join PP. I have no doubt such a process has no room for inadmissible hearsay and should be replete with bulky documentation. The Speaker is right and, given that he is quite a very busy man (lol), I wouldn't even blame him for taking his time without dismissing the petitions right at the beginning. 

 

Michael Goba Chipeta LLB (Hon)

RALPH & ARNOLD ASSOCIATES

Off Old Chileka Road, Magalasi

P.O. Box 2074, BLANTYRE

+265 999 481 287; +265 111 603 176

From: Thabo Chakaka-Nyirenda <thabo.chakaka@gmail.com>
To: malawi_lawsociety@googlegroups.com
Sent: Thursday, June 21, 2012 10:37 AM
Subject: Re: Section 65

I think the Speaker is right.  The Speaker in excercising his powers
under section 65 is performing quasi-judicial functions and in such a
scenario he has to hear evidence from both sides which in this case is
written evidence. Now you do not just bring a charge of for example
murder and leave it to the judge to decide.  The prosecutor has to
substantiate his allegations. And in civil  matters a Court does not
make its determination based on statement of claim  only. One has to
substantiate the claim hence the rule 'he who alleges must prove'. For
example in unfair dismissal claims you do not just say "I was unfairly
dimissed without more". You have to substatiate you averments.  My
brother Goba does seems to agree with me on this. Don't you  Goba?

TCN.

On 6/21/12, mahekeac@yahoo.com <mahekeac@yahoo.com> wrote:
> And some members of the DPP have walked out of Parliament in protest.
> Sent from my BlackBerry smartphone
>
> -----Original Message-----
> From: Isaac Songea <njsongea@yahoo.com>
> Sender: malawi_lawsociety@googlegroups.com
> Date: Thu, 21 Jun 2012 01:24:56
> To: malawi_lawsociety@googlegroups.com<malawi_lawsociety@googlegroups.com>
> Reply-To: malawi_lawsociety@googlegroups.com
> Subject: Re: Section 65
>
> According to live broadcasting on ZBS, the Hon. Mr. Speaker Sir is of the
> view that the allegations in the petition were not substantiated. He has
> since reserved his ruling and has requested the Petitioner to substantiate
> the allegations, if he (the Petitioner) so wishes.
>
>
>
> ________________________________
>  From: "wnamasala@gmail.com" <wnamasala@gmail.com>
> To: malawi_lawsociety@googlegroups.com
> Sent: Thursday, June 21, 2012 7:15 PM
> Subject: Section 65
>
> Anyone with latest developments?
> Sent from my BlackBerry® smartphone provided by Airtel Malawi.
>
> -----Original Message-----
> From: likongwe@globemw.net
> Sender: malawi_lawsociety@googlegroups.com
> Date: Thu, 21 Jun 2012 11:00:28
> To: <malawi_lawsociety@googlegroups.com>
> Reply-To: malawi_lawsociety@googlegroups.com
> Subject: Re: Counsel Chancy Gondwe
>
> Learned Colleagues
>
> I would like to get in touch with Counsel Chancy Gondwe. Can anyone please
> give me his number. If Counsel Gondwe is reading this, please phone me on
> 0888824138.
>
> Regards
>
> Pempho Likongwe
>
>> Learned Colleagues,
>>
>> For those attending the Ku Chawe Seminar, please find attached a program
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>> In case of anything please contact the following people:
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>>
>> Mr. George Chioza        0999 202 675
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