Malawi: Parliament suspends 12 inquiries following Mutharika-Suleman meeting

The Parliament of Malawi has announced the suspension of the establishment of 12 joint commissions in compliance with a provisional order issued on September 4 by the High Court. This announcement follows a meeting on September 12 between Sameer Suleman, Speaker of the National Assembly, and President Arthur Peter Mutharika.

In its statement, the Office of the Speaker indicates that the commissions will not continue their work as long as the court order is in effect. Parliament also clarifies that Mutharika and Suleman reaffirmed their respect for the constitutional principle of separation of powers among the executive, legislative, and judicial branches.

The High Court had ordered on September 4 the suspension of the creation and operation of these commissions as part of a judicial review initiated by Austin Mkoka. The order is provisional, and a hearing is set to take place within the timeframe established by the court.

Sameer Suleman had announced on September 2 the creation of 12 joint commissions tasked with examining various issues concerning public agencies. The topics under review include the management of the National Oil Company of Malawi, the electricity sector, mining, fertilizers, pensions, passports, prisons, the Salima-Lilongwe water project, and public procurement matters.

The matter subsequently led to a standoff between the executive and Parliament. The Chief Secretary to the Government, Justin Adack K. Saidi, challenged the Speaker’s authority to unilaterally establish these commissions and called for the process to adhere to constitutional and parliamentary rules.

The Malawi Law Society requested on September 12 to be admitted as an amicus curiae in this judicial review. It aims to provide the court with an independent analysis of the constitutional and administrative law issues raised by the case.