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Parliament Anti Judge Debate Worries Judiciary

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The Judiciary has accused the National Assembly of acting contrary to its own Standing Orders which restrict legislators from questioning the conduct of a judge without a specific charge and debating a matter that is yet to be concluded in court.

Last Thursday, the House spent almost the whole day debating a motion which questioned a court ruling in favour of Master Borehole Drilling Company against Gam Oil Limited.

But in a written response, registrar of the High Court and Malawi Supreme Court of Appeal Kondwani Banda said the manner in which the debate was conducted in the House sets a dangerous precedence.

Citing parliamentary Standing Order 99 (1), the registrar said the conduct of the Speaker of Parliament, ministers, members, judges, resident magistrate, and public officers shall not be called into question in the course of debate, except by way of substantive motion containing a specific charge which, in this case, was not the case.

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