Previously, it was automatic for the leader of the largest opposition party in Parliament to assume the all-powerful position of Leader of Opposition in Parliament.
However, after the MCP's disastrous performance during the 19 May general elections, a group of MCP Young Turks rebelled against the MCP leadership and started a gitating for leadership change.
Apart from wielding power in Parliament, the position of Leader of Opposition comes with cabinet level perks.
Ishmael Chafukira, the then MCP spokesman, moved a motion in Parliament that the position of Leader of Opposition should no longer be automatic and neither should it be left to the single largest party in Parliament.
"Because the Leader of Opposition is an officer of Parliament and therefore responsible for the whole Parliament, the whole house should be involved in his or her election," said the 43-year-old legislator.
However, Chafukira died mysteriously in South Africa.
Although postmortem has so far shown no foul play, his death is still being investigated in both Malawi and South Africa.
The MCP, which only garnered 27 seats in the 193-member House from 60 in 2004, protested heavily because it saw the hand of President Bingu wa Mutharika's ruling Democratic Progressive Party (UDF) in the plot.
"The DPP wants to control the entire House by putting a puppet to lead the oppos ition," said MCP director of elections, Joseph Njobvuyalema, a staunch Temboloy a list.
The issue was referred to the Legal Affairs Committee of Parliament, whose chairman, Henry Dama Phoya, a former Justice Minister, told Parliament Tuesday the DPP-dominated committee had resolved that the whole Parliament should be involved in the election of the Leader of the Opposition.
"We did not have anybody in mind when making this decision," he said.
However, the MCP legislators were not convinced and most of them walked out in protest when the vote was called.
Tembo, who was also not in the House, was put up against a youthful MCP legislator Ephraim Abel Kayembe and an independent candidate, Alfred Mwechumu, a sympathiser of the former ruling United Democratic Front (UDF).
With obvious backing of the DPP, Kayembe scooped 117 votes against Mwechumu's 23, while Tembo brought up the rear with only eight votes.
"The DPP is killing democracy," said MCP Publicity Secretary, Nancy Tembo, adding that the MCP would meet to strategise for a way forward.
"We are not going to recognise Hon. Kayembe as leader of opposition because he has been imposed by the DPP," she stressed.
Tembo said she was surprised that Speaker Henry Chimunthu Banda allowed the issue of Leader of Opposition to go ahead when the MCP sought court intervention on it.
"It's not the MCP that will lose; it's democracy and the people of Malawi," she said.
But the triumphant Kayembe said democracy had triumphed, saying "I will use my position to foster unity among opposition parties. My regime as Leader of Opposition will not be as divisive and combative as Hon. Tembo's."
Tembo led the opposition when the Mutharika administration was in minority.
When he quit the UDF to found the DPP after a spectacular fall-out with Muluzi, the UDF joined ranks with the MCP and gave government a tough time in Parliament.
The combined opposition frustrated most government businesses, including the adoption of national budgets.
After the DPP's surprise landslide at the May polls, analysts predicted government would work hard to revenge and annihilate Tembo completely.
Blantyre - 17/11/2009
Pana
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