Constitution changes could strengthen Mutharika

The possible revision of a law that forbids Malawi's members of parliament from crossing the floor could help strengthen President Bingu wa Mutharika, who has been locked in a gruelling battle with his opposition. Changing Section 65 of the constitution was proposed by Mutharika, who argued that it contradicted freedom of association, which is also guaranteed. "The review of the constitution should assess the rights of individuals to belong to an association of their choice, and not to be forced to belong to a political party," he remarked at a recently concluded conference to examine the issue. More than 20 members of the opposition, some of whom hold portfolios in the coalition cabinet, resigned from their parties to join Mutharika's fledgling Democratic Progressive Party (DPP) and now face the threat of losing their seats in parliament. Last year Mutharika took the matter to court, which called for a judicial review of the situation. Mutharika has been facing a tense standoff with the opposition, the largest bloc in parliament, since he quit the United Democratic Front (UDF) after it sponsored him in the 2004 general elections. His DPP, however, has won all six by-elections it has fought. The UDF said it was opposed to the removal of Section 65 and warned that such a move would create a "dictatorship in the country" and cause instability in political parties. "The MPs are elected on a party ticket and they cannot just dump the party and join another party which did not help put them in their positions," said UDF spokesman Sam Mpasu. Other opposition groups, including the Malawi Congress Party (MCP), have slammed Mutharika for his call to allow floor crossing, saying it was undemocratic. "Section 65 should not be removed, because MPs are voted into office by the people, and if they want to move to another party they should get the mandate of the people," maintained Nicholas Dausi, an MCP spokesman. The review also sparked a debate on whether the president should have the power to sack the first vice-president. Mutharika's government is tied up in a legal battle over the removal of first vice-president Cassim Chilumpha. Mutharika maintains that Chilumpha, a senior UDF leader, resigned from his position, but the former vice-president said he was fired, which is unlawful. According to the constitution, the two top leaders can only be removed from office by an impeachment process in parliament. Janet Banda, Chief Law Reform Officer of Malawi's Law Commission, has come out in support of expanding presidential power to include removing a deputy. "It is also argued that it is not fair that the president should be saddled with a vice-president with whom he or she cannot work." All suggestions will be tabled at a second constitutional review, expected to take place in September, before a final document is drawn up and presented to parliament for approval.