Debate surrounding the former governing Democratic Progressive Party (DPP) seating arrangement in Parliament took a new twist yesterday as the party’s president Peter Mutharika prescribed a new set-up in which his loyalists have taken plum seats.

Effectively, the arrangement expressed in a letter dated March 10 2022 addressed to the estranged Leader of Opposition in Parliament Kondwani Nankhumwa, disregards the initial set up Nankhumwa communicated to the Speaker of Parliament before it was put aside by a court order obtained by Mangochi South West legislator Shadric Namalomba.

Mutharika’s arrangement, which some legal experts yesterday condemned as unprocedural pushes Nankhumwa to seat number seven on the front benches of DPP while allocating seat number two, traditionally taken by the Leader of Opposition, to Mulanje South West legislator George Chaponda.

Mutharika: These instructions supersede any prior DPP seating plan

Most of the prominent front seats in Mutharika’s proposed set-up are taken by Machinga Likwenu member of Parliament (MP) Bright Msaka on position one as well as Rumphi North East MP Jappie Mhango, Namalomba, Nkhata Bay Central MP Symon Vuwa Kaunda and Thyolo… MP Chimwemwe Chipungu, among others.

Reads Mutharika’s letter in part: “In reference to the order by the High Court dated 9 March 2022 and in order for the DPP to effectively present and articulate its position on crucial national matters in the National Assembly, I hereby give you DPP instructions to rearrange the DPP seating plan in the National Assembly.

“I hereby attach the seating plan for you to implement immediately. Please note that these instructions supersede any prior DPP seating plan in the National Assembly.”

Nankhumwa yesterday said he was not aware of the instructions from Mutharika, but said if it was true, it was unfortunate.

Namalomba, on the other hand, said the instructions from Mutharika do not affect the stipulations of the court order, but were in line with the court relief entailing Nankhumwa to be taking instructions from the party’s leadership.

In an interview yesterday, DPP legal adviser Charles Mhango said Mutharika’s action was in line with the court order which says Nankhumwa, as Leader of Opposition in Parliament, should implement decisions in consultations with the party.

He said: “This does not mean the party is overriding powers of Leader of Opposition, but working in consultation with the party.  It’s an instruction. I don’t know whether people view consultations to mean writing each other or a discussion over a cup of coffee.”

Mhango, a former Attorney General, acknowledged that Parliamentary Standing Orders empower Leader of Opposition to come up with a seating plan, but said, as a legislator, Nankhumwa represents the DPP, therefore, the party expects him to advance the party’s agenda.

He said that while he advises the party on legal matters, he found DPP disagreements politically and legally concerning because Malawians look forward to be represented by a unified opposition led by a Leader of Opposition who stands on party ideologies.

Charles Mhango said as a party, they have failed to amicably resolve their differences on the position of the Leader of Opposition.

Commenting on the issue, University of Malawi professor of law Garton Kamchedzera faulted the DPP, saying the conflicting roles between the party and Parliament impinge on lawful authority.

He said the conflict was being fanned by Mutharika not being a member of Parliament.

Kamchedzera said: “The roles and responsibilities of Leader of Opposition are based on Parliamentary Standing Orders and the rules that regulate Parliament, so you cannot conflict the two.

“If they wanted Nankhumwa to act as their agent, they could have called him for a meeting as a party so that he understands what he has to do while in the House. But to write him and tell him what to do in the House is intrusive into the affairs of Parliament and borders on contempt of the House and its procedures.”

When the issue came up in Parliament yesterday, First Deputy Speaker Madalitso Kazombo said his office had not received communication from Mutharika.

Government Deputy Chief Whip Khumbize Kandodo Chiponda stated in the House that according to Parliament Standing Orders, the Leader of Opposition is supposed to come up with the seating arrangement for members on the opposite side.

She asked whether the communication from Mutharika was in order.

But Kazombo said he could only act when the Speaker’s office receives the said communication.

Some parliamentarians on Tuesday expressed fear that implementation of Namalomba’s court injunction would set a bad precedent.

Leader of the House Richard Chimwendo Banda raised the concern after Speaker of the National Assembly Catherine Gotani Hara announced that in line with the High Court of Malawi order that Namalomba obtained and served on the Attorney General’s office, the seating arrangement for DPP members of Parliament (MPs) in the chamber would revert to the arrangement before Nankhumwa changed the same on February 15 2022.

In the court action where DPP is an interested party, Namalomba, who is also DPP spokesperson, obtained permission to start judicial review proceedings against Nankhumwa in relation to the party’s decisions, including the seating arrangement and appointment of a shadow Cabinet as well as spokespersons on various issues in the National Assembly.

The order also stopped Nankhumwa from discharging his duties as Leader of Opposition in Parliament without prior consultation and written approval of the party until a further order of the court.

Infighting in DPP started before the court-sanctioned Fresh Presidential Election held on June 23 2020, but deep divisions came to light in August of the same year after the party’s secretary general Grezelder Jeffrey told The Nation that DPP president Peter Mutharika needed to pave way for new leadership.

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