Opposition Democratic Progressive Party (DPP) has rescinded its decision to appeal against a court ruling that denied them the chance to join a Section 65 matter as friends of the court.

The party’s Leader in Parliament, George Chaponda, said in an interview on Sunday that the party has since asked its lawyer Kalekeni Kaphale to withdraw the appeal he made on Tuesday.

“We thought it would be better to let justice take its own course and allow the judge to make a ruling on whether or not to vacate the injunction restraining the implementation of Section 65.

“We’ve agreed to let the judge make his own ruling on the injunction because if vacated, it will speed up the process in one way or the other and allow the Speaker to make his pronouncement when Parliament reconvenes,” said Chaponda, adding the party had already filed all necessary evidence to Parliament.

He, however, bemoaned the tendency by the other arms of the government to interfere with the legislature, saying that is a mockery to the country’s Constitution.

“We say there is independence of the Judiciary and that of the Executive. Shouldn’t there be also the independence of the Legislature?

“Why is it that every time the speaker wants to do something, another branch of government comes to interfere? Every time we want Section 65 implemented people rush to the court?” said Chaponda, adding the Speaker should be allowed to make judgment according to the standing order.

He further said people should not use past events to justify the current choking of the implementation of Section 65, saying the question should be whether or not we have this provision in our Constitution.

The DPP used to block the application of Section 65 when it was in power between 2004 and 2009.

Kaphale could not shed more light on whether or not he has already effected DPP’s instructions, saying he maintains his client’s confidentiality.

Last year, the DPP petitioned Speaker of Parliament Henry Chimunthu Banda to declare vacant seats of its MPs who joined the ruling People’s Party, saying they had crossed the floor according to Section 65.

Before the speaker could make his determination on the matter, Mzimba Solola MP Ackim Mwanza obtained an injunction restraining the Speaker from working on the petition.

The DPP then applied to the High Court to join the matter as friends of the court, but they were rebuffed, saying the party was not legally entitled to be friends of court.

President Joyce Banda, whose party benefitted from the defections, is on record to have said implementing Section 65 is costly as it would require huge sums of money for by-elections.

But various quarters, including Public Affairs Committee, faulted that line of thinking and have since urged Chimunthu Banda to implement the contentious piece of legislation for the sake of adhering to the rule of law.