PRESIDENT Joyce Banda should desist f rom making statements that could influence decisions of other arms of the government, a political analyst has said.
Chancellor College political analyst Mustapha Hussein said Banda's recent comments at a public rally in Mangochi regarding the application of Section 65 of the Constitution in Parliament were inappropriate
"It is not right for the president to make such statements. She should be demonstrating that she has respect for separation of powers. If an issue is being handled by Parliament, let Parliament comment on it. She should avoid being seen interfering with other arms of the government," Hussein said.
He said Banda's comments on Section 65 may be interpreted by others as a way of trying to block its implementation.
Banda told the rally that if the Speaker of Parliament declared vacant seats of MPs deemed to have crossed the floor, it would be detrimental as development of this country would be negatively affected.
The president also said Malawi would not bear the cost of holding by-elections.
But a legal expert Edge Kanyongolo feels that the lack of resources should not be used as an excuse to forego the country's constitutional provisions.
"The president has freedom of expression. However, it is important that we must respect the Constitution. Lack of resources should, therefore, not be an excuse for disrespecting the Constitution," said Kanyongolo.
Banda told a meeting at Chikoko Bay that the government would need about K5 billion for by-elections if Section 65 was implemented.
Meanwhile Member of Parliament for Mzimba Solora Ackimu Mwanza has obtained a court injunction restraining the Speaker of Parliament Henry Chimunthu Banda from invoking Section 65 of the Republican Constitution.
This is the second injunction as the first one was obtained by Ntcheu West MP Chikumbutso John Hiwa which was served on the Speaker through Attorney General Ralph Kasambara when the speaker was about to make his ruling on the matter but was later withdrawn.
Mwanza confirmed in an interview yesterday that he has obtained an injunction on behalf of all members of parliament alleged to have crossed the floor.
"We we revoted into government in 2009, and we haven't yet conducted elections, therefore we are supposed to be on the government side.
"It's not true that we have crossed the floor, we are just working with the government. Infact it is the DPP that has crossed the floor because they have shifted to the opposition benches before elections," he said.
He said the injunction was granted by the High Court in Mzuzu.