‘VP remains in cabinet, First Lady not minister’

Malawi Law Society and a law expert at the University of Malawi, Edge Kanyongolo, insist that Vice President Joyce Banda constitutionally  remains a member of the cabinet despite that her name was omitted in the 32-cabinet list released by President Bingu wa Mutharika on Wednesday.

"You cannot fire the vice president that's a constitutional office," Kanyongolo a renowned law expert told DayBreak Malawi programme on Capital FM on Thursday.

"Under the constitution she still remains a member of cabinet," he stressed.

"The correct position is that the vice president still remains in the cabinet, regardless whether she is included in any list or not," said the law expert.

He explained that the VP is a constitutional position, saying "by virtue for having being elected as vice president she remains vice president."

VP Joyce Banda: Remains i cabinet constitutionally

Kanyongolo cited Section 92 (1) of the Constitution which says: “There shall be a Cabinet consisting of the President, the First Vice-President, and the Second Vice-President and such ministers and deputy ministers as may, from time to time, be appointed by the President.”

Malawi Law Society president John Mwakhwawa also said the VP remains a member of cabinet.

“The Vice-President remains part of the Cabinet whether she is on the list or not," said Mwakwawa who accused Mutharika of "trying to fire the VP through the back door."

Mwakhwawa said VP can" freely walk into a Cabinet meeting anytime she wants."

On the other hand, Kanyongolo clarified that First Lady Callista Mutharika is not a member of a cabinet because she has not been appointed minister.

In the cabinet list, Mutharika acknowledged the First Lady as National Coordinator of Maternal, Infant and Child Health and HIV/Nutrition/Malaria and Tuberculosis.

"You cannot be a member of a cabinet unless you are appointed to a specific cabinet post," said Kanyongolo.

"She (Callista) would have to be appointed a minister before she is a member of cabinet," he pointed out.

In the Cabinet list released Wednesday, Mutharika has combined some ministries and abolished some deputy positions from some ministries

The new cabinet has left out former finance minister Ken Kandodo,  ex-foreign Affairs Minister Prof. Etta Band as well as Health Minister Prof. David Mphande, Economic Planning Minister Abbie Shawa, Irrigation Minister Ritchie Muheya, Local Government and Rural  Development Minister Anna Kachikho, Gender Minister Theresa Mwale and Trade and Industry Minister Eunice Kazembe.

Nine deputy ministers, including popular musician Billy Kaunda, Charles Mchacha and Felton Mull have also be left.

There is also no cabinet minister from Lilongwe, the capital city.

Nyasa Times 08 Sep, 2011

--
Source: http://www.nyasatimes.com/national/%e2%80%98vp-remains-in-cabinet-first-lady-not-minister/
~
Manage subscription | Powered by rssforward.com