Malawi Law Society questions president's power to postpone Parliament
The society argues President Mutharika lacks constitutional authority to direct the Speaker on parliamentary sittings.
The Malawi Law Society (MLS) has questioned the constitutionality of President Peter Mutharika’s directive to postpone Parliament’s Fourth Meeting of the 52nd Session. The society stated yesterday that Section 59(1) of the Constitution does not grant the President power to direct the Speaker on when Parliament should meet.
MLS chairperson Davis Njobvu and honorary secretary Francis M’mame signed a statement clarifying that Section 59(1) only allows the President, in consultation with the Speaker, to summon extraordinary meetings or prorogue Parliament. They declared the President’s directive illegal and unconstitutional, as it falls outside his granted authority.
The postponement, directed by Mutharika on October 23 2026, was intended to redirect resources towards El Niño and fuel challenges, affecting the scheduled November 9 meeting. This action follows Speaker Sameer Suleman’s establishment of 12 ad hoc committees, creating tensions between the Executive and Legislature.