A Political Parties Act for Malawi?

I think there are over 20 if not 35 political parties in Malawi, the problem is some are not even active. Some are owned by people who are in reality members of other parties but their ‘parties’ are still recognized as parties by the registrar of political parties.

Should there be sense in all this nonsense?

Should political parties that do not hold conventions, for example,  be de-registered? Should Malawi legislate for party activities such as financing, election of leaders etc in Malawi?

I spoke to several high flying names on the issue.

Dr. Henry Chingaipe started

 (Henry is a Malawian scholar who was the first successful nomination to the Commonwealth Scholarship Association by the IPPG (Research Programme Consortium for Improving Institutions for Pro-Poor Growth), after having worked on a research project based in Malawi with Adrian Leftwich, co-authoring a paper on 'The politics of State-Business Relations in Malawi'. The title of Henry's Ph.D. is 'Institution Formation, Maintenance and Change: the Politics of State-Business Relations in Malawi'.):

 Bright Mhango: What is your take? Should there be a law regulating how parties operate (Political Parties Act, for example)?

Dr. Chingaipe: I agree entirely with the proposal some activities of political parties must be regulated by law. The key issue to remember is that in democratic theory and practice, political parties are expected to be agents of democratisation. Given that political parties give regimes their character, it is important to regulate some activities of political parties especially those that are central to democratic values such as leadership selection, political financing and a few others.

I am a staunch advocate for a Political Parties Act which should establish a reasonable, democratic legal framework for political parties. So far, political parties have been left to their own devices and have essentially been captured by small elite that have treated them as personal fiefdoms. This has seriously affected the deepening and broadening of democratic ethos in politics.

The evidence since 1994 suggests clearly that our political system is on its way to becoming an entrenched defective democracy largely because of acute shortage of democratic practice in political parties. Regulating political parties or aspects thereof is not an alien idea. One country that offers good precedent in terms of a Political Parties Act is Germany and there are a few others. In Malawi the intention is not new either.

 The 1993 Political Parties Act has in its title the words ‘registration’ and ‘regulation’. Unfortunately, the Act stops at dealing with matters around registration and says nothing of substance with respect to ‘regulation’.

However, I do not agree with the proposal that failure to hold a convention should automatically lead to de-registration of the party. If there should be a single factor that leads to de-registration, my view is that that factor should be failure of the party to field candidates in a general election. This is because political parties exist to contest for political power and the only way to do that in a democratic system is to participate in an election by fielding candidates. A party that does not field candidates therefore loses the reason for its existence. It simply becomes an interest group that fits in another category of  organisations other than political parties.

Mhango: What would be the merits (or demerits) of such legislation?

Dr. Chingaipe: The merits or demerits of regulating aspects of political parties will depend on the substance of the actual provisions of the law. However, a general standard is that the provisions should be couched in a way that protects the democratic values especially in so far as they accord the people full rights within parties; promote accountability and transparency and compel decency and integrity in the practice of partisan politics.

Mhango: What other blights do our political parties have that can be legislated for?

Dr. Chingaipe: There are quite a number of issues. These include the holding of annual party conferences (conventions), political financing, candidate selection, defections (and anti-defections) and many others that a systematic study can bring out.

Mhango: Some people would say that conventions do not actually reflect democracy in the party, is this true for Malawi’s political parties?

Dr. Chingaipe: Of course conventions are not necessarily a good indicator of  the depth of democracy within a political party especially when the conventions can be manipulated in different ways depending on the agenda of the convention itself.

The key issue in Malawi is that whenever conventions have been held since 1994, the main agenda item has been to elect office bearers and that has been characterised with lots of undemocratic machinations for all the political parties.

It gives the impression that in so far as choosing party leaders, conventions have been used to legitimise choices that have been made outside the conventions and mostly in very undemocratic manner. So not all conventions are democratic in their outcomes.

 However, if conventions or party conferences become an annual obligation for political parties, they will be used to articulate policy positions and to demand accountability from the party leaderships as well from from the ‘parliamentary group’ of the parties etc. That will enhance democracy.

Mhango: How can we make sure that parties have representative and free and fair conventions?

Dr. Chingaipe: My view is that representation at party conventions should be left to political parties themselves depending on their structures. The Political Parties Act can only set the standard but party constitutions would spell out clearly how they would meet the standard.

I also asked Billy Mayaya, human rights activist

(Billy came to prominence when he was recruited as a Programme Facilitator for Church and Society, the Human Rights and Advocacy department of the Church of Central African Presbyterian, the second largest denomination in Malawi after the Catholic Church)

Mhango: What is your take? Should there be a law regulating how parties operate (Political Parties Act, for example)?

Mayaya: The primacy of regulating political parties is paramount in ensuring that both inter and intraparty democracy flourishes. It will also lessen the prevalence of individuals forming parties just to soothe their wounded egos. Ensuring the legal framework focuses on regulation is therefore a critical development in my view.

Mhango: What would be the merits (or demerits) of such legislation?

Mayaya: In my view, there are more merits than demerits in regulating political parties in that they will encourage more popular participation, and lessen the propensity of party founders to view the parties they've formed as their fiefdoms.  

Mhango: What other blights do our political parties have that can be legislated for?

Mayaya: There is need to level the playing field in terms of party financing. It is an open secret that there is need to regulate party financing as current trends show that there is lack of transparency and accountability in terms of disclosure particularly by parties in government who have a multiplicity of sources including illicit ones 

Mhango: Some people would say that conventions do not actually reflect democracy in the party, is this true for Malawi’s political parties? Any names or examples?

Mayaya: Conventions are a microcosm of the wider general elections in that they help parties to internalise pluralism and supporters to exercise their choices. In the recent past we have had incidents where conventions took place with questionable outcomes eg cooked results. The voting public are aware of these anomalies. However, the more political parties subject themselves to a convention and to oversight to regulatory bodies the less the likelihood of manipulation. 

Mhango: How can we make sure that parties have representative and free and fair conventions?

Mayaya: there is need for stringent monitoring of political parties as well as continous enforcement of the law related to their regulation

I also spoke to Rafiq Hajat, Policy Analyst.

(Rafiq Hajat is a prominent Malawian civil rights activist. He was born in Blantyre. He is the director for the Institute for Policy Interaction in Malawi. He received a B.A. in political science at Saint Xavier College in India in 1975)

Mhango: What is your take? Should there be a law regulating how parties operate (Political Parties Act, for example)?

Hajat: There is already legislation on registration & regulation of political parties.

Mhango: What would be the merits (or demerits) of such legislation?

The law is applied selectively & thus becomes yet another weapon in the arsenal of the party in Hajat: power.

Mhango: What other blights do our political parties have that can be legislated for?

Hajat: Adherence to their constitutions, sources of & accounting for funding.

Mhango: Some people would say that conventions do not actually reflect democracy in the party, is this true for Malawi’s political parties? Any names or examples?

Hajat: Conventions are the fora where the roots of the party, the rank & file, have the opportunity to influence party policies & choose their leaders. Any obviation of the event would therefore constitute denial of their democratic rights and dilute the leadership's mandate.

Mhango: How can we make sure that parties have representative and free and fair conventions?

Hajat: By transparency & accountability at all levels

Mhango: Any other comment

Hajat: It is imperative for political parties to evolve with a sound ideological base, for they are the basic building blocks of a multi-party democracy & weak parties would therefore make a weak democracy!

Response

This did not impress Kamlepo Kaluwa leader of Malawi Democratic Party, which many describe as a briefcase party.

“I think people are arguing out of emotion, conventions need money, up to K40 million to gather people, eat and sleep to elect a leader, that money can be used for party mobilisation and helping many needy Malawians.

“What is the use of a convention if it changes nothing? Why hold a smokescreen convention where the leadership will not change, what do you get from that? To hell with conventions,” Bellowed Kalua.

Kalua then trashed Mayaya’s assertion that parties should be checked in the way they acquire party funding saying unless the money is coming from government, there is no justification for the state to pry into the private affairs of a party.

“It’s not practical, does a wife ask how much money a husband spend on beers, where is democracy then if the state is going to interfere with parties? Unless the money is coming from government, they can audit parties, but if its from private citizens with the party, there is no need,” said Kalua.

You have heard the others, What say you? 

The role of Chiefs in a democracy: Looking ahead to 2014

Chiefs have been dubbed as the most respected office in Malawi by some commentators, yet time and again the office has let down Malawians by partaking in partisan politics and being used by politicians.

Kamuzu Banda used the chiefs to spread his one party ideals Muluzi also used the chiefs to advanced his yellow ideals but the chief’s political prostitution hit hard during the Bingu wa Mutharika era where they were drafted in to defend controversial propositions some beyond the chiefs understanding.

The most recent gaffe the chiefs have dabbled in is when they unanimously echoed Mutharika anti-devaluation stance following the luncheons the men of the robe had with the late president. 

Chiefs are essential in implementing many programs at the grassroots level, with the upcoming 2014 election chiefs will be needed in civic education exercise, voter verification, helping to curb violence, just to mention but a few. 

With the chiefs dabbling in politics will they not negatively impact the process? What should happen to ensure that the chiefs serve their role professionally?  

Chancellor College’s Associate Professor, Mustafa Hussein says it’s difficult to bring democracy to an institution that is assumed undemocratically by way of heredity. He however emphasized the need for such an office to be democratic.

“Traditional Leadership is provided for in Malawi in the name of the Chiefs Act as such I feel chiefs should play a role in enhancing democracy by being accountable, avoiding corruption and avoiding political manipulation.”

Hussein called for a review of the Chiefs Act to include stipulations that Cleary speak about chiefs and their relationship with politicians and ways of enforcing procedures in case chiefs do not abide by the stipulations.

Dr Blessings Chinsinga who used to argue for chiefs has considerably reconsidered his stance and is now a big critic of the chiefs, in one of his writings Chinsinga says chiefs are a confusing office as they are listed as very corrupt and yet most trusted by Malawians.

Chinsinga says chiefs breach people’s trust In search of short term self-aggrandizement. He listed the chief’s support of Bakili Muluzi’s Third Term bid and Chiefs coming out in support of Peter Mutharika during the DPP rule. Chinsinga wonders how all chiefs in the country suddenly have one view on a matter.

He also trashed the defence the chiefs use saying they work with the government of the day saying that is an abuse of the term because everyone is entitles to work with the government of the day but that does not mean forfeiting constructive approaches to issues.

Chinsinga pointed out that the Chiefs Act empowers the Chief Political Officer to do away with chiefs he deems irrelevant a thing that traps the chiefs into self-censorship. 

Human rights activist, Billy Mayaya also called for a review of the Chiefs Act to repeal some things that are not in tandem with Malawi’s democracy and to bring in changes that enhance transparency, accountability, inclusiveness tolerance equity and equality

“Chiefs need to internalise values and principles of democracy in order to be at the forefront of a dynamic- not a static-institution that respects protects and fulfills the rights of all subjects irrespective of gender creed or political orientation,” said Mayaya.

For a chiefly perspective, Weekend Nation spoke to GVH Ngolowera from Kwa Golden, T/A Chikumbu in Mulanje. We asked the chief what should happen for them to avoid political manipulation.

“Yes, Chiefs are like parents, they should be impartial and should oversee everyone regardless of their political party. If chiefs are to be impartial, I think they should not be allowed to comment on political affairs or participate in political campaigns and instead just listen to all views spoken by politicians and subjects,” said Ngolowera.

GVH Ngolowera

Hussein echoed Ngolowera’s sentiments and added that chiefs should realize that their institution is one of the most respected and thus they should represent all interests of all by helping democracy flourish.

As 2014 comes around, chiefs will be the target of politicians looking to use the chief’s traditional popularity for electoral gains, chiefs will be looking to the various politicians, especially the highest bidder for a pay-off in exchange for a hand in selling the politicians to the people, until the Chiefs Act or some law comes in this is how things will be.

Police “interrogate” Poly registrar

Nyasa Times Investigations reveal that three Policemen in civilian wear on Tuesday stormed The Malawi Polytechnic to question college  administrators on the existence of a political pressure group, a move some students called illegal and contrary to the Kampala Declaration among other Laws granting academic freedom.

“They come to ask about the Youth for Freedom and Democracy (YFD) whose scathing publication The Weekly Political Update has already seen police arrest some of the YDF members,” said our source, “but this is exactly what caused the impasse at Chanco, universities are not police training grounds, they are a holy place.”

This comes a day after Police raided the home of 21 year old Black Moses, president of YDF whisking him away to an unknown location where he is apparently being question over the publication which is a one-paged numbered prose that uses critical language against Mutharika’s authoritarian rule.

The police came to the Poly because YDF has members at the campus and the move shows that the police are tracking owners of numbers that are on the publication.

In a separate incident, the college officials were also accused by Police of opening the college before September 21 so that the students should participate in the mass demonstrations. But one administrator shot down the allegation and called it “stupid,” pointing out that the opening date was selected and put on the academic calendar long before the Vigils were announced.

“Something is wrong with the police, they are suddenly interested in running universities now?” said the administrator.

This week’s 6^th edition of the ‘Political Update’ alleged that Mutharika has set aside K40 million to counter the September 21 slated mass acts against his administration.

The Monday paper also alleged that Mutharika has used the US$100 million he borrowed from PTA bank to buy fuel, that Kayerekera Uranium mine is depositing about  K14 million to Mutharika’s account, that RBM’s Perks Ligoya and business tycoon Mulli jointly own a fat account in Dubai, that the presidential jet was briefly impounded in the US and that two army pilot trainees were sent back from America and that the secretary to the treasury has so far extorted K16 million from investors on DPP’s behalf.

“The YFD are in touch with the DPP plan of action as how police will use torture people  to extract and coax some to give false evidence  to cover up the petrol bombings of Sembereka’s house and IPI offices,” reads part of the document continuing to allege that Mulli brothers are funding police to cover up the crimes.

Asked how the group gets its info, the unmoved vice president said that his group has links  going all the way to the inner sanctum of the DPP that smuggle information through another source [name withheld]

“We are the guys that revealed the names of the guys that burnt IPI offices, we are also the guys that broke the news that government had imported panga knifes for DPP youth ‘cadets,’ we are well connected,” said the source.

Botswana Opposition Leader Demands Apology From Khama For Hosting Mutharika

"Statement by the Leader of Opposition, Botsalo Ntuane, to be delivered on

Tuesday 26 July 2011 in the National Assembly on developments in Malawi

and how the Botswana government should respond."

The Opposition Collective in the Parliament of Botswana joins the rest of the

democratic community in condemning the cold blooded massacre, on 20th and

21st July 2011 of 18 demonstrators by the government of President Bingu

wa Mutharika. This terrible act of violence against unarmed civilians,

protesting the escalating cost of living, fuel and foreign exchange shortages,

as well as repression and violation of human rights, is unprecedented in the

history of Malawi. We note that even during the one party dictatorship of

Hastings Kamuzu Banda, nothing on this scale was ever visited on the civilian

population by the government. The economic problems in Malawi which

precipitated the demonstrations have been authored by a stubborn President

Mutharika whose deteriorating human rights record has forced donors to cut

off much needed aid.

As the Opposition Collective, we can rightly proclaim we saw this coming.

The nation will recall that on 1 April 2011, the Chairman of the Botswana

Movement for Democracy(BMD) and also Member of Parliament for Lobatse

addressed a press conference in the precincts of Parliament announcing a

boycott of the official opening of the Lobatse Stadium facility by President

Mutharika. Hon Modubule’s stance which reflected the indignation of the

Opposition Collective was premised on well founded concerns at a disturbing

trend of developments in Malawi.

In a pattern of behaviour which suggested that state violence will soon be

perpetrated against the citizenry, President Mutharika has in the past incited the

youth cadres of his Democratic Progressive Party to assault opposition

supporters who dared criticize him. Another consideration which informed our

boycott of President Mutharika was his display of intolerance to critical views,

when he assented to Section 46 Penal Code Amendment Bill which grants the

Minister for Information the power to arbitrarily close down publications, outside

due process. To us this assault on the press, which we consider a critical

guardian of democracy and good governance was unacceptable.

The delinquent conduct of President Mutharika knows no bounds. We noted

with concern the sustained attacks on the Non Governmental Organisations,

leading to some activists fleeing into exile because they fear for their lives.

Like the proverbial bull in a china shop, immediately after his departure from

Botswana, President Mutharika expelled the ‘British High Commissioner for

describing him in a diplomatic cable as ‘autocratic and intolerant of criticism”

We contend that President Mutharika is being aided and abetted in his

campaign of repression by the government of Botswana which continues to

treat him like a distinguished statesman when many in the international

community are shunning him. It should be a source of shame that President

Khama, in a display of bad judgment, and against our counsel, invited this

dictator to our country. In its unbridled contempt for the Opposition, this

government disregards all our advice, the consequence of which is a

situation where our country is today associated with rogues like President

Mutharika. It is shocking to many that a government with a predilection for

playing to the international gallery on issues of democracy and human rights

has remained silent in the face of the unfolding tragedy in Malawi. To us this

silence means the government of Botswana condones the deplorable actions

of President Mutharika.

We pose this question, how different is President Mutharika from Muammar

Gadaffi in Libya, Bashar Al Assad in Syria, Omar Al Bashir in Sudan, and all the

other dictators that have attracted the sanctimonious wrath of the Botswana

government over rights violations and atrocities against their own citizens?

The deafening silence, which can only be ascribed to the embarrassment felt by

the Botswana government, amounts to a betrayal of the people of Malawi,

particularly victims of the state sponsored violence. Indeed contrary of the

grandstanding characterizing previous statements about how the Botswana

government sides with the people against repressive regimes, the simple truth

is that these expressions of support are mere lip service; and just like those it

condemns, the Botswana government practices double standards, and will side

with its friends in power, hence the tacit support given to President Mutharika on

account of the ‘see no evil, hear no evil’ posture.

To this end the Parliamentary Opposition Collective demands the

following from the Botswana government;

1. An unequivocal statement condemning the actions of the government of

President Mutharika.

2. The Minister for Foreign Affairs, Hon Phandu Skelemani to summon the

High Commissioner of Malawi to Botswana for a meeting at which he will

convey the statement of condemnation.

3. To demand an immediate end to the ongoing harassment , detention and

torture of opposition and civil society activists; many of whom are now

in hiding.

4. To support an investigation by the International Criminal Court on the

killings in Malawi, and for such support to be extended to prosecutions

that will follow.

5. To apologise to both the people of Botswana and Malawi for hosting

President Mutharika in April 2011.

6. To undertake to listen to the counsel of the Opposition Collective in

future and undertake not to invite any dictators to Botswana.

Failure to do any of the above will give true meaning to the idiom that we

judge you by the company you keep. Batswana and the international

community should henceforth judge this government by the friends it keeps

in the form of President Mutharika and his murderous regime.

End.

The Ultimate or Detestable Red Soldier?

During the July 20 demos in Malawi, people came out to the streets to protest various issues but this one was the ultimate protester, in a country where the whole nation almost agrees to be homophobic, this guy put on this T-shirt and was not moved at all...

Britain Warns Mutharika On Violence

Of course Britain might be angry at the loss of domain (and trade?) after Malawi sent its top diplomat packing but this statement from the Foreign Office Minister, Henry Billingham, is well intended, me thinks...

Mutharika delivered his shambles earlier today and only managed to call protesters “satanic” and he also threatened that he “knew those who were behind the demos”...typical of the likes of Assad, Mubarak and Libya’s embattled colonel

Henry Billingham said:

“The ongoing violence and reprisals by elements connected to President Mutharika’s Democratic Progressive Party underline the concern that the UK has expressed about the state of democratic governance and human rights in Malawi.  This situation is extremely worrying and I offer my sincere condolences to the families of those who have lost their lives. I urge all parties to show restraint.

“The rights of free assembly and expression guaranteed under the Malawian Constitution must be respected.  The UK utterly condemns the threatening behaviour of machete wielding DPP activists and the violent attacks on demonstrators and the media.  I call on President Mutharika to rein in the security forces and elements of his party, and to allow the media to report freely on the situation in the country.  Any attacks or reprisals against demonstrators, opposition leaders or the media are absolutely unacceptable.”

Meanwhile all eyes will be on Benghazi, I mean Mzuzu, the capital city of Northern Malawi as the 7 or so, who died in the protests will be buried...we might not have Imams to instigate us but with the Livingstonia Synod (Mutharika’s clear cut enemy) ripe in that city, am expecting fireworks...God have mercy.

Meanwhile today was a good day for most of the cities...I can’t speak for others but the part of Blantyre that I live was very calm and nowhere near tense...I even went out shopping!

20 July Photos

I spent the rest of 20 July running with the crowd and eking out pix, here is what i got from the demos: its on my Facebook and the profile is open

http://www.facebook.com/media/set/?set=a.2121640594260.123273.1043167958

or

http://www.facebook.com/media/set/?set=a.2121639034221.123272.1043167958

tag away...share...no copyright....

Here Is What Bingu Has Been Given Today (Draft Petition In Full)

POOR ECONOMIC AND DEMOCRATIC GOVERNANCE IN MALAWI

“Uniting to Resist Poor Economic and Democratic Governance

“A Better Malawi Is Possible”

CONCERNS & RECOMMENDATIONS

In legitimate exercise of the rights and freedoms enshrined in the Constitution of the Republic of Malawi, We, Members of Civil Society have joined hands with Workers, Faith Communities and Concerned Citizens from all walks of life, to hold peaceful country-wide mass demonstrations today, the 20^th July 2011 upholding the theme: “Uniting for Peaceful Resistance Against Poor Economic and Democratic Governance – “A Better Malawi Is Possible”. These demonstrations are part of a series of nation-wide mass actions that will continue to respond to such crises until feasible solutions have been found and implemented.

Malawi is currently facing a series of catastrophes on multiple fronts due to economic mismanagement and democratic derogation by the incumbent leadership and administration. The current leadership and administration continue to disregard caution and advice regarding the crises, choosing to engage in empty political rhetoric without providing any actionable solutions or alternatives. Any dissenting or alternative views result in adversarial clamp downs, a practice that is unacceptable within the current democratic dispensation that we all fought hard for and are prepared to defend at all costs.

The challenges currently facing Malawi are too numerous to mention, however the following issues may suffice to demonstrate the cause of our discomfort;

Acute Foreign Exchange (Forex) Shortages

Malawi has experienced acute shortage of foreign exchange for over 2 years, with no end in sight. Indeed, there is cause to believe that the current shortages are the worst in all our 47 year history since the attainment of independence.

Significant numbers of people scramble in queues for forex that may be available at any foreign exchange point, in a pathetic display of fruitless desperation.

The acute shortages have had many consequences such as:

·       scarcity of products and services due to difficulties in importation of essential products;

·       Malawians who utilise foreign currency have searched in vain:

◦    to pay expenses when travelling abroad,

◦   when purchasing products which are not produced locally,

◦    to send school fees for dependants studying abroad,

◦   to pay for examination fees to foreign education providers;

◦   when accessing treatment for vital medical facilities;

Numerous reasons, such as poor tobacco sales (which used to provide 74% of our forex inflow has dwindled by over 70%), have been forwarded to explain the shortage of forex in Malawi, but these show a clear divide between advice from economic experts and rhetorical defences from the current leadership and its administration and, in so doing, merely serve to increase confusion and uncertainty.

However, one fact remains indisputable and that is: the forex crisis continues to escalate and the current administration has failed to demonstrate the ability to reverse the situation any time soon.

Acute Fuel Shortage:  Malawi is now labelled as a ‘fuel queue nation'

This year has seen the most acute fuel shortages in Malawi in 47 years of independence. A common scene that greets the eyes at every filling station is extremely long queues of cars, with people waiting for hours or even, days to get access to a few litres of fuel.

The acute and incessant fuel shortages have caused shrinkages in transportation which limit people travelling. Service providers are unable to transport products around the country, leading to shortage of products and services. Stocks in supermarket and grocery shelves are gradually dwindling. Critical services such as health services have not been spared and workers face a daily struggle in commuting between workplace and home. Freight hauliers have been severely constricted and more disaster looms if the status quo remains unchecked. All these are visible signs of economic regression which, if not checked immediately, could result in a total breakdown.

Reasons provided by the current administration regarding the causes to the fuel shortage have been unsatisfactory and at times embarrassingly derisive. There has been a clear divide and at times contradiction in reasons provided by the Petroleum Importers Limited, the Ministry responsible and the Leadership. However most people will agree that the current leadership and its administration has not demonstrated to the nation the ability to  reverse the dismal situation any time soon and the resultant sense of uncertainty merely serves to intensify the sense of  doom and gloom afflicting the nation.

Electricity Shortages

Never has Malawi suffered more from acute electricity shortages in all its 47 years of independence than within the past 2 years despite the fact that, after all these years, only 6% of the population had access to electricity.

The recent announcement by ESCOM that power cuts will be implemented for 8 hours everyday for the rest of the year have only increased the sense of despair amongst the people who cannot lead normal daily lives without fear of blackouts.

Industries are hard hit with insufficient power to enable optimal production of vital products which may even substitute imports. Work-flow is constantly interrupted by equipment switching off intermittently. Huge costs are incurred in repairing equipment that have been damaged by power fluctuations and the cost of installing massive generators in an effort to keep going. Indeed, a classic example is the failure of ESCOM to guarantee supply of adequate power to Paladin for processing uranium at Kayelekera thereby necessitating installation of massive diesel generators, which need 3000 litres per day to ensure production – this meant that ESCOM lost out on potential extra business of millions of Kwacha every month due to its own inefficiency and incapacity to be innovative.

It is apparent to most that the current leadership and administration has not demonstrated to the nation that they can reverse the situation any time soon in spite of the need for tangible solutions. There should be a clear time frame as to when the problem will be over. As it remains, the energy drain remains a pain without any solution in sight.

Lack of Economic Prudence

The current leadership and administration has continued to excessively and irresponsibly squander public funds without consultation and with cavalier disregard for current economic hardships afflicting the populace created by the mismanagement.

The list of anomalies lengthy, but some major issues include the following:-

·        In 2010, the President secretly authorised the purchase of a private jet costing US$13 million - equivalent to half the budgetary support that Malawi's major donor contributed. The purchase went on regardless of condemnation from different stakeholders within Malawi and beyond. The amount spent was equivalent to annual salaries of approximately 5,000 nurses or approximately 11,555 primary school teachers. The infamous Presidential Jet remains a sore point since it appears to have no place in an impoverished country like Malawi which must cater to other priorities such as combating poverty and illiteracy before succumbing to consumerist luxuries..

·       Since the first Cabinet of 29 Ministers in 2004, the size of the current Cabinet has grown to 41, leading to a monthly wage bill of over MK15,000,000.00, which would fund monthly salaries of 428 nurses or 1,000 primary school teachers. It is important to note that this Cabinet of 41 also includes Deputy Minsters who, in most cases, have been awarded the position as a reward for political favours and not on merit. Thus these Deputy Ministerial positions could easily be vacated without any loss in efficacy;

·       At the beginning of 2011, the President secretly awarded a contract to his wife, the First Lady, Callista Mutharika, leading to a payment in arrears, of MK6,400 400 for the period before the contract was signed, and subsequent salary of MK1,300,000 per month – ostensibly for doing charity work. The contract coincidentally expires at the expiry of term of office of President in 2014 and was pushed through despite condemnation from various sectors of society. The First Lady's salary is equivalent to monthly salaries for 30 nurses or 93 primary school teachers.

·       The contract for the construction and management of the (in)famous Nsanje Inland Port was awarded in a non transparent and dubious manner to Mota Engil, a foreign construction company who appears to enjoy presidential favour. The same company is rumoured to have built a palace at Ndata Farm (the President’s personal estate) and has now won a concession for oil and gas drilling in the Lake.

Regardless of the above manifestations of economic imprudence, Government shamelessly offered lame justifications to exonerate themselves whilst indulging personal avarice without due regard for public responsibility.

Corruption and Abuse of Power

There are strong suspicions that this leadership and administration is condoning corruption and abuse of power by a 'favoured few'.

Recently, the Malawi Housing Corporation sold houses to selected staff, Cabinet Ministers, and DPP officials at grossly reduced prices, leading to a net loss of over MK100 million. The leadership and administration remain quiet and the Anti Corruption Bureau appears unable to investigate further thereby giving rise to fears of officialdom turning a blind eye to such misdemeanours.

During his 2 terms of office, the current President appears to have amassed significant wealth that does not tally with his salary of approximately MK 2,000,000 per month. Within 3 years of being power in 2007, Mutharika purchased land in Thyolo at an alleged price of MK 70 million. He then proceeded to develop part of the land at an exorbitant cost which requires clear explanation to allay suspicion.

Massive corruption appears to be the order of the day. Malawians witness a few individuals in Government who have amassed massive wealth at public expense. These individuals build expensive houses, owning fleets of cars and indulge openly in displays of fabulous opulence that seems to have accrued without a visible source. The Government may be aware of this but no visible steps are being taken to stop such malpractices or to recover wealth gleaned in such dishonest manner.

Disrespect of the Rule of Law

The current leadership and administration has tended to exhibit deliberate disregard of the Constitution and the rule of law.

Amid public condemnation, the current leadership and administration abused its majority in Parliament to pass an amendment to Section 46 of the Penal Code allowing the Minister for Information to ban publications 'deemed to be contrary to the public interest'. This law has taken Malawi backwards in terms of guaranteeing media freedoms contained under chapter VI of the Constitution.

Again, amid widespread public condemnation, the current leadership and administration has abused its majority in Parliament to pass the Civil Procedure (Suits By Or Against The Government or Public Officers) (Amendment) Bill, 2010 otherwise popularly known as the infamous 'Injunctions Bill', which denies supplicants the right to instant relief when their rights are under threat by any Government agency or officer. The President recently assented to the bill notwithstanding massive public outcry, condemnation, a revolt amongst DPP MPs in Parliament and a court injunction against the assent of the bill

Apart from the bills cited above, the Government passed the Police Act which empowers the Police to search any house without a search warrant, the Pensions Bill, the Local Courts Bill (previously known as the infamous Traditional Courts), a Constitutional amendment on timing and methodology of Local Government Elections, and the Protected Names, Flags and Emblems bill which changed the national flag at huge cost whilst dismissing widespread protest as drunken ravings.

Local Government Elections

It goes without saying that the current leadership and administration is simply not interested in conducting Local Government elections.

Since election into power, there have been deliberate efforts to avoid or interrupt the holding of local Government elections in Malawi. Recently the Electoral Commission was closed (with a questionable abuse of power) on allegations of massive fraud involving huge sums of money. The Government consequently reopened the Commission without any official explanation on the outcome of their initial investigations. The administration is now attempting to amend the law to allow for local Government elections to be held after the expiry of their term of office thereby giving rise to profound suspicion that something is being covered up.

In addition, new appointments will soon be made to the Commission and these are already raising alarm signals due to the candidates being considered and the opacity of the process. The neutrality and very integrity of the Commission may be compromised irrevocably in the public eye if the matter is not handled with extreme transparency.

In any case, it is quite obvious that the current administration will not hold local Government elections these 2 terms of office, despite any constitutional requirements to the contrary.

The University of Malawi Crisis

The current leadership and administration has failed to resolve the current stalemate between the University Council and its 2 constituent colleges (Chancellor College and Polytechnic) despite all the effort and posturing.

For over 100 days, the leadership and its administration has remained adamant in refusing to recognise legitimate demands by the academic staff unions from the 2 constituent colleges, leading to an unnecessary standoff. This has cost students valuable learning time and disrupted the general academic calendar.

This can easily be described as the worst crisis in the history of the University of Malawi, but it has evolved as such largely due to the intransigence and truculence of the Establishment which takes its lead from the Head of State in adopting inflexible stances that militate against all effort at conciliation.

Political Intolerance and Violence

The current leadership and administration appears of late to be leaning towards tactics that promote violence and intolerance against critics and those with differing views:

·       During the 2 terms of office, the President has deliberately demonised his Vice Presidents, thereby deliberately weakening their offices which are enshrined in the Constitution. The failure to work with Vice Presidents has seriously disrupted the role of the Office of the Vice President in the performance of governmental duties;

·       In recent times, the President has deliberately crippled the office of the Vice President based on personal grudges and differing views. This year, the budget of the Office of the Vice President was significantly reduced to a pittance. The President continues to castigate the Vice President in public rallies, calling her names whilst she continues to hold her peace.

This issue appears to emanate from the thorny question of succession – i.e. who will take the office if the President is incapacitated? The Constitution gives that role to the Vice President and this apparently is the root of the problem because the President wishes to choose his own successor and is unable to do so whilst the Vice President is in place.

·       This year, the President instructed the ruling DPP party youth cadets to 'protect him' as a response to widespread criticism on his governance style. The instruction was followed by the DPP leaders publicly stating that they will use 'all possible means' to protect their leader. Since that instruction, some Civil Society leaders who have previously spoken on various issues have been attacked or received threats, leading to general fear and terror. Experts have cautioned that such public remarks by leaders have potential to lead to violence or conflict thereby creating a 'culture of fear' that is becoming more visible by the day.

·       There are many indications that the current leadership does not accept any criticism or dissenting views. Those who have dissenting views, within the ruling party or generally, are destined to face violence or adversity in one way or another. This has led to fear among institutional heads or ruling party officials which prevents them from offering alternative views that may run contrary to the Party line.

·       Following a leaked cable in which the British High Commissioner confidentially described challenges facing Malawi for the Foreign Office in London, the President took the unprecedented step of deporting the British Envoy from Malawi back to the UK. This contributed to the deportation of the Malawi envoy from the UK and subsequent withdrawal of the British contribution to the Malawi budget (30%). This serves a vivid testimony of the sheer arrogance of our leadership who can throw out a relationship that has nurtured and supported Malawi for nearly 50 years at the drop of a hat – regardless of the cost to the Nation in general and the poorest sectors of society in particular.

·       When civil society were organising a 'bicycle march' demonstration regarding fuel crises facing the country, the current leadership and administration threatened to prevent the planned demonstration. To obstruct Malawi citizens from exercising their rights to demonstrate, the leadership attempted to introduce prohibitive monetary deposits as a requirement prior to holding mass demonstrations. During the current mass demonstration, there are already reports of the leadership threatening to disrupt the mass action by mobilising rabble rousers to disturb the march.

Recommendations

In summary, we conclude that the current leadership and administration has failed to convince us that the issues raised will be resolved or reversed anytime soon. As such, we would only be convinced otherwise when concrete and actionable solutions with short term time frames and deadlines are proposed.

In light of the raised selected issues, we demand the Government to take the following steps:

·       Sell the Presidential jet and minimise all foreign trips by the Head of State;

·       Ban all importation of luxury cars (M/benz, Limousines and Luxurious 4x4s). Any new cars for the President, Ministers or State Officials must reflect our impoverished state and should thus not be as ostentatious as in the past;

·       All foreign trips by Ministers and State officials must be severely curtailed forthwith;

·       Superfluous costs such as the new 'eavesdropping' machine being installed at a cost of US$6 million at MACRA merely to assuage creeping paranoia in an unconstitutional manner must be discontinued and reversed forthwith;

·       Zimbabwe must immediately repay the US$20 million that has long been outstanding for food supplied by Malawi. The payment can be made in cash or in fuel;

·       Scrutinise all fertiliser imports for the previous year to track the fairness of the pricing – all those who have inflated their costings must be brought to book and penalised for the full amount of overpricing as well as harsh penalties for committing the crime.

·       Scrutinise all fuel imports for overpricing practices and bring the perpetrators to book. All forex gained through such malpractices must be returned to Malawi immediately;

·       Massive fuel importers such as Paladin (usage: 3,000 litres diesel per day) must use their own forex reserves to bring in their fuel and should not drain Malawi's scarce reserves;

·       Allow independent importation of fuel by any entrepreneur who has the means – this will break the stranglehold monopoly of PIL and open the market for free competition;

·       Paladin's exports of 'yellow cake' must be checked to ensure that a fair market price is being charged and the proceeds are being brought back to Malawi without any transfer pricing;

·       Gemstone exports must be monitored closely by trained experts to ensure that fair values are being declared. Malawi may have been short changed for decades in this area due to lack of capacity and negligence;

·       It may be necessary, in the short term, to listen to the IMF and devalue our currency in order to gain their approval which would then open the doors for other Donors to come in and pump much needed forex into our flagging economy. The inflationary aspects of this can be countered by other anti inflationary measures.

·       It is essential to immediately mend fences with our long term development partners, the British Government by apologising for the diplomatic faux pas and making amends. Their contribution to our economy is too significant to shrug off with cavalier disdain – especially when it means that the poorest sections of society will be worst afflicted by the suspension of British aid.

·       The bloated Cabinet must be trimmed to 14 members and their fuel and air time allowances adjusted to reasonable levels with immediate effect;

·       The newly approved MK 1 million monthly allowance for each Member of Parliament must be revised downwards to a reasonable level with immediate effect;

Time frame

We hereby propose that:

1.          Within 1 month; adopt measures and actions so that there is availability of and access to forex.

2.          Within 1 month; adopt special measures to avail adequate forex to Petroleum Importers Limited and other suppliers so that they are able to import fuel without interruption.

3.          Within 1 month; the ESCOM board and top management should be replaced with independent experts who, within 3 months, must demonstrate that the acute electricity shortages have begun to reverse.

In addition, form a consultative forum which solicits input from all stakeholders who may have valuable information, ideas and new concepts with which to tackle the issues of capacity and cost of power generation;

4.          Within 1 month, The Anti corruption Bureau should commence an investigation of all people implicated in the recent Malawi Housing house sale scandal.

5.          The Anti Corruption Bureau should start investigating ALL Cabinet Ministers and public servants on the unexplained wealth that some seem to have accumulated whilst holding office. The Penal Code calls upon all citizens to explain the source of their wealth, all moneys stolen should be returned.

6.          Within 1 month; The President should fully declare his assets, explaining sources of funds to acquire and develop Ndatha farm.

7.          Within 1 month; The First Lady's contract should be nullified and all earnings refunded back to Government.

8.          Within 1 month; Law Commission should set up a special law commission to revisit the Penal Code and the Injunctions Bill, which should lead to submission of recommendations within 3 months.

9.          Within 1 month; The President should demonstrate good faith towards the Office of the Vice President, starting by returning her official motorcade.

10.       The Government should commit to hold Local Government Elections by end of this year.

11.       The University Council should immediately reinstate the four lecturers dismissed during the academic freedom stalemate, and issue a statement committing that no spies will be allowed in lecture rooms.

12.       Within 1 month; The deported British High Commissioner should return to resume his duties in Malawi.

13.       Within 1 month; Issue a circular nullifying the instruction to require a deposit of MK 2, 000,000 for mass demonstrations.

Failure to meet any of these demands will further support our stand that the current leadership and administration cannot govern this country in an equitable and democratic manner and that our fear of regressing into an autocratic kleptocracy is valid. We hope to be proven wrong and pray for a transformation that will set the ship of Malawi onto its rightful course for the benefit and wellbeing of all Malawians.

A Better Malawi is Possible!!

Viva Democracy Viva!!!

20^th July 2011