The Malawi Law Society (MLS) has questioned the legality of President Peter Mutharika’s decision to postpone the Fourth Meeting of the 52nd Session of Parliament, describing the move as unconstitutional.
This follows a letter dated October 23, 2026, in which Mutharika directed Speaker of Parliament Sameer Suleman to postpone the meeting until the next Budget Meeting, while allowing parliamentary committees to continue their work.
In a statement that malawi24 has seen the Society says the President does not have constitutional powers to direct the Speaker of Parliament to postpone a parliamentary meeting.
The Society argues that Section 59(1) of the Constitution only gives the President, in consultation with the Speaker, powers to summon and prorogue Parliament on extraordinary occasions, but does not authorise him to direct the Speaker to postpone a meeting.
It has further criticised the Speaker for complying with the President’s directive, saying the Constitution establishes separate arms of government that must operate independently without one arm directing or dominating another.
The Society warns that the postponement will prevent Parliament from reviewing the performance of ministries, departments and government agencies, as well as approving proposed changes to the national budget.
The Malawi Law Society has since urged the Speaker to reconsider his decision, arguing that the President and Speaker must exercise their constitutional powers within the limits of the law.
