Malawi concern

ARE ALL OUR PRESIDENTS THIEVES? PATRONAGE, AND PREFERMENT - UPDATE

noreply@blogger.com (Mkamwini) — Mon, 16 May 2011 03:31:00 +0000

PREFERMENT BY MALAWI COMMUNICATIONS REGULATORY AUTHORITY (macra)
A FOUL STINK AT MACRA

Only three days after I posted the main item below a clear indication of what I had been highlighting has been given by MACRA's handling of the latest licence issued to Celcom (100% owned by Mulli Brothers).

The new 'home-boy' business has been given special licence terms that put them in a more favoured position than the existing telecomms operators. According to a report in yesterday's Sunday Times, the four existing licence holders have questioned MACRA's actions and are demanding that they be given similar terms and conditions.

Should the new company go ahead and operate under such favoured conditions I will campaign for a boycott of their services.

ARE ALL OUR PRESIDENTS THIEVES? PATRONAGE, AND PREFERMENT

noreply@blogger.com (Mkamwini) — Sat, 14 May 2011 05:31:00 +0000

APOLOGIES FOR MY LONG ABSENCE!

My apologies for a long absence, I have been fighting pain for a few months and sitting down to write anything requiring thought and time has been too much for me.

ARE ALL OUR PRESIDENTS THIEVES? PATRONAGE ANDPREFERMENT

In politics perceptions are all-important. The voting public decides on the basis of probability and incomplete information that any unusual increase in the apparent wealth of powerful officials, their family, close associates or apparent business partners is the result of the illegal or dubious abuse of office or criminal activity. The constitutional provisions for the President and other officials and their spouses to declare their assets, liabilities and business interests and to place their affairs in a beneficial trust have had no practical effect. These declarations, if made, have not been made public. They have not been subject to audit or other competent professional verification process. There have been no penalties for non-submission, late submission or non-compliance. With such a scenario our Presidents may be tempted to believe that they will be able to acquire wealth while in office without any subsequent scrutiny.

Naturally, high officials, especially presidents, find it easy to recruit established businesses with unscrupulous owners to assist them in the unfair acquisition of wealth. We perceive that there are many indications that this actually happened during Muluzi’s presidency.

During the latter days of his presidency, I publicly questioned the source of his apparent new-found wealth. I had been close to him in the struggle for the change to multi-party democracy. I was well aware that his business affairs could not be classified as flourishing. His trucks and buses were non-runners. Granted, he had a sugar distributorship and a well-established tobacco farm but, I guess, they were not prospering to the extent that he could live the sort of expensive life-style that he was able to display after his accession to the presidency. We have seen how, soon after he stepped down, his ‘investment’ in Keza House went sour.

When President Muluzi was in office it was an open secret that the Kalarias in Lilongwe were his close business associates and that their business interests were quite diverse. I was interested to learn from a recent report in the press that there is now a dispute between the Kalarias, the former president, and his family members concerning the sale of the ‘Muluzi’ shares to their former co-shareholder. No doubt the courts and the lawyers will be able to resolve the issues. But we will be left with unanswered questions. Were these business interests ever disclosed as required by law? With whose money were the businesses funded? If the Muluzis made any actual investment into the businesses was there sufficient wealth as declared to pay for the shares? If not, what was the consideration for the Kalarias to be persuaded to take on the Muluzis as shareholders? After all, no one gives away their wealth without some easily understood motive. Without a proper answer suspicion must remain that it was the power of presidential patronage and preferment.

We do not have satisfactory answers. The fault lies with us. We appear to accept that each new president will immediately become wealthy and that we have no right to question the process while he is in office. Our media has too small a reach and has poor resources for deep investigative journalism.

We should be aware of what is happening now.

The Mhlako Syndrome – (Mhlako wa Alhomwe – the Lhomwe tribe’s cultural movement now chaired by the President)

The perception is that President Mutharika favours his ‘home boys’. The Governor of the Reserve Bank, the Secretary to the Treasury, the Inspector General of Police, the Chief Justice, the head of the Anti Corruption Bureau (ACB), the Postmaster General and the Chief Executive of the City of Blantyre (to mention just a few) are all fellow tribes-people. I do not imply that any of them are unfit for their posts or that they would compromise themselves in any scheme to defraud the nation. But what is happening?

Another home boy, a certain Mr. Mulli via his business, Mulli Brothers, seems to be in a prime and favoured position in the acquisition of assets or in other businesses where government has a hand. Many, many months ago we heard that Mulli Brothers had purchased the former Bestobell premises on Bakili Muluzi Highway, Blantyre to be the headquarters of the next phone operator yet to be licensed by the Malawi Communications Regulatory Authority (MACRA). It came as no surprise to read in the press this week that the licence had been granted after proper assessment of competing bids by MACRA to Celcom, a new telecoms company 100% owned by the Mulli Brothers. Who else did we expect it to be?.

Proud Malawians may be happy to see more investment by local companies rather than foreign. Unfortunately, the undisclosed Cabinet policy of ‘empowerment’ seems to empower only one company! There is no suggestion that shares will be made available at any time on the stock market – a way to truly empower a broader spectrum of the populace.

I have not been keeping notes but I seem to recollect that the following businesses have been acquired by Mulli Brothers:

Chitakale Tea Estate
Malawi Tea Company
Chombe Tea Estate
National Bus Company

Mulli Brothers have been in business for some years in transport, produce buying and export. But for a company to make so many acquisitions in such a short time generally requires a large amount of credit. We expect that cash inflows from existing businesses could not have generated sufficient surplus for such large acquisitions or for the establishment of new businesses.

In a statement credited to Mr. Mulli in the news report the new phone business will require an investment of K42 billion (US$280 million). This appears to be something of an exaggeration but it is what he is reported to have said. Where is the money to come from? The rumours months before the award of the licence were that there was a Chinese investor and technical partner - no word of that now or yet.

Many companies that had diverse holdings and interests have found it better to specialise in related businesses. Agro-industry/transport/telecommunications are hardly complementary. One must then ask whether credit is being extended based on proper assessment of risk. And here we must look at the Malawi Savings Bank (MSB) which is wholly owned by government (it belongs to us!). By a strange coincidence, the Secretary to the Treasury is also the Chairman of the bank.

Question: what is the exposure of OUR bank to Mulli Brothers? Can we trust that any credit arrangements have been truly arms-length? We have only to see what happened at Malawi Housing Corporation where well-connected individuals including the Minister of Housing, Minister of Education (brother to the President) and the Attorney General appear to have been able to purchase houses at very favourable below-market prices in ‘sweetheart’ deals. The MHC is, of course, owned by us. We do not appear to be getting the best value for our interests.

While all this is going on, our formerly not very wealthy President appears to be suddenly very rich having acquired Ndata Estate for a rumoured K70million and where he is, by repute, building a sixty room mansion. While all this is going on the Government has been unable to pay the salaries of many of the civil servants including teachers, nurses and police.

Will Mulli be Bingu’s Kalaria? What will happen to the businesses at the end of the Bingu era without the power of patronage?

Are our affairs in safe hands?

You may wish to guess what my perception is!

TWO THINGS TO KILL FOR – RELIGION AND PATRIOTISM

noreply@blogger.com (Mkamwini) — Mon, 04 Apr 2011 11:24:00 +0000

TWO THINGS TO KILL FOR – RELIGION AND PATRIOTISM

AND TO KILL DEBATE – ‘OUR’ CULTURE

DE-LINKING THE ‘GAY’ ISSUE

On Sunday, 3^rd April, Capital Radio chose as its topic for the lunchtime debate and phone-in programme:

Same-sex marriage versus foreign aid; the attitude of the NGO’s.

They did a disservice to what should have been the main issue of contention:

Is the criminalisation of homosexual activity between consenting adults contrary to the Malawi Constitution?

By introducing the threat of suspension of foreign aid by the donors because of the Malawi Government’s poor governance record, Capital Radio provided an environment in which the Government could place emphasis on the issue of ‘gays’, patriotism and hurt national pride where they know that popular feeling is on their side rather than on the overall governance/human rights situation.

To keep people firmly on issue the alternative subject for debate could have been:

Should the donors withhold aid because of the Government’s alleged poor record on governance and human rights?

No mention of the ‘gay’ issue which is, perhaps, in the overall context, the least in importance as far as the good governance of Malawi is concerned. It is an area that has yet to be tested in the Constitutional Court.

RELIGION AND CONFLICT

"With or without religion, you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion." -
-- Steven Weinberg

Those people in Afghanistan who beheaded United Nations personnel because some crackpot religionist in America burned a copy of the Quran; those Protestants who blew up a Catholic police officer in Northern Ireland because of his Catholic faith; those Sunni Muslims in Pakistan who blew up Sufi Muslims because they are ‘heretics’ – and all within the last week - were probably considered by their families and many in their communities to be ‘good people’.

Religion is divisive. It dehumanizes the ‘enemy’. The victims are seen as less than human; not the same as ‘us’. To kill is to do god’s work.

Theological religion is the source of all imaginable follies and disturbances; it is the parent of fanaticism and civil discord; it is the enemy of mankind."
- Voltaire / 1694-1778 / Philosophical Dictionary, 1764

All national institutions of churches, whether Jewish, Christian, or Turkish, appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power and profit.
-Thomas Paine

The Malawi Constitution is based on a universal code of human rights. The few countries that do not adhere are those theocracies such as Saudi Arabia, Pakistan, Iran, Afghanistan and other countries with repressive laws or a reputation for mistreatment of their citizens. Many political and religious leaders defend the Malawi stance by stating the number of countries that are yet to decriminalize homosexuality. If they were to list them it would be seen that they are not the countries that Malawi should be proud to be associated with!

The Constitution of Malawi is quite clear: there is freedom of religion. Religion is a personal choice. Moral codes, as interpreted by believers, vary with religion or branch of the religion and even within the branch from one individual to another. While there are accepted codes of conduct within all societies, many defined by law, there is not one moral code that can be agreed by all. Whilst democratic governments are generally appointed by majority vote that is not constitute a dictatorship of the majority. To contend that the moral code of the faith held by the majority must be applied to all is to cause disharmony and invite conflict. Arguments against the decriminalization of homosexuality based on any religious concept of morality are, therefore, not valid.

PATRIOTISM

Patriotism is the willingness to kill and be killed for trivial reasons.

~Bertrand Russell

We do not consider patriotism desirable if it contradicts civilized behavior.

-Friedrich Dürrenmatt

It is indeed galling, if not demeaning, for it to be pointed out that your nation cannot go it on its own. The sentiment is that we should wean ourselves off foreign aid. When and how that could be done is another matter. It cannot be done without pain. But for the sake of national pride, the sentiment appears to be that we should tell the donors to keep their money.

But this sentiment appears to be selective and is raised only in connection with sensitive or emotive issues such as what to do about homosexuals. The same sentiments are not expressed when other issues relating to NGOs and support for governance and the rule of law are concerned. These are seen as affecting the total populace. As for the ‘gays’ – well they are a repulsive minority, morally outrageous, an abomination in our midst and they do not have a right to be as they are – or so goes the popular dialogue.

It is a pity that the donors have been a little over-enthusiastic in pushing the pro-gay agenda. I say this, not because I am not pro-gay but because the issue has merit which those of us who support the decriminalisation of homosexuality should be able to argue. When donor sentiment raises national flag-waving and talks of sovereignty it becomes counter-productive and the real arguments will not be countenanced by a hostile public.

CULTURE

When one looks back over human existence, however, it is very evident that all culture has developed through an initial resistance against adaptation to the reality in which man finds himself

Beatrice Hinkle

In any culture, subculture, or family in which belief is valued above thought, and self-surrender is valued above self-expression, and conformity is valued above integrity, those who preserve their self-esteem are likely to be heroic exceptions

Culture is dynamic. To quote culture as an argument against change is to deny its very nature. There is no agreed single Malawi culture. There are many common threads. Many of these are not exclusively Malawian. The culture of Malawi changes with the generations. Foreign religions have almost completely displaced the traditional yet traces of these are still to be noted amongst adherents of the ‘new’ religions. For many, Christianity or Islam is accepted as part of their culture. In fact, it is recorded that within thirty years of the introduction of Islam amongst the Yao all knowledge of traditional religions had been lost completely. Other aspects of foreign culture have been painlessly adopted and the changes have gone unnoticed. There are moves afoot to put an end to cultural practices that would tend to spread HIV/AIDS such as kuchotsa fumbi.

Furthermore, the Constitution guarantees that everyone can follow the culture of their choice. Unfortunately, the cry of ‘culture’ is used to put an end to argument. Yet this is no reason not to enquire into the validity of an argument.

THE ‘GAY’ ISSUE

The Bible contains six admonishments to homosexuals and 362 admonishments to heterosexuals. That doesn't mean that God doesn't love heterosexuals. It's just that they need more supervision.

Lynn Lavner

Now that we have removed religion, culture and the donors from the debate, let us look at the real issues. We must explore the facts and probabilities. But, first, let us get rid of the myths:

· Homosexuality is not a culture. Homosexuals are found in all cultures and in all race groups.

· Homosexuality is not a lifestyle choice. It is a natural state.

· Homosexuality is not the same as paedophilia.

· Homosexuals do not recruit heterosexuals.

· Homosexuality is not a western import.

· The decriminalization of homosexuality will not result in the sudden conversion of heterosexuals to homosexuality although many, now living the lie of a heterosexual lifestyle will now be more inclined to honestly display their sexual orientation.

So what are we frightened of?

It is an indisputable fact that some people are born with the body of one sex and the feelings of the opposite. We have all observed that men and women think differently, have slightly different talents or aptitudes etc. Tests have been devised to ascertain the sexual orientation. Time and again ‘gay’ people have been demonstrated to have characteristics that are the opposite of their physical sexual attributes. MRI scans of brain activity clearly show that ‘gay’ peoples’ brains react to same-sex pornographic pictures but not to opposite sex. Many gay people have been aware since childhood of their differences and many parents have noticed the differences in their children from as early as 2 years of age. Current research indicates that hormonal influences on the foetus in the womb cause such gender imbalances.

Homosexuality is not the norm. It is estimated that between 2% and 5% of the population is homosexual. That is true of all race groups and all nationalities.

What danger do homosexuals pose to our society?

With say a 2% gay population there is no danger that Malawi with one of the highest birth rates in the world – now at 6 children per woman – will run out of replacement human stock. In fact, the population is growing at more than 2% per year and the strains of overpopulation are clearly to be seen.

Homosexuals are not going to sexually assault our children – or, at least, no more so than we note among the heterosexual male population where sexual abuse of minors is becoming increasingly common!

Now – what about the sexual act between homosexuals? A homosexual is no more capable of denying his or her sexuality than is the heterosexual. To DEMAND that the heterosexual Malawian should not assuage the sexual urge would be demanding far too much. To demand the same of the homosexual is also too much to expect. For them homosexual it is natural to have pleasure with persons of the same sex. We know that the human body was not designed for such acts. We know that it will not result in children being born. But when a man and a woman engage in sexual activity they do so for their pleasure and having children is generally only an accident of the encounter. In fact, with modern contraception, the otherwise natural outcome is prevented.

Does homosexual sex harm you or society in general? I think not. Is what adults do in private any business of anyone else? The answer is NO. And it is no business of the State or the law-givers or law-keepers in a rights based dispensation.

Disgusting! Did I hear you say ‘disgusting’? Perhaps you find it so. But what do men and women get up to in the privacy of the bedroom or in the ‘Rest Houses’ that cater to the sex traveller? I am sure that many of them get up to all sorts of ‘disgusting’ things. But you do not ask your neighbours what they do for their pleasure. Just look at the condom adverts:

http://www.quikcondoms.com/lifestyles-kiss-of-mint-buy-condoms-online-pr-112.html

Comment from users:

Shannon O. - Jacksonville, Florida reviews the Lifestyles Kiss of Mint.

The mint aroma is heavenly and oral sex is greatly enhanced by the mint flavor. We both loved using them.

Now, why would you want flavoured condoms if you wanted only regular sex? Disgusting! Maybe. But it does no-one any harm and is no-one else’s business – let alone the State’s

What are we going to do with them?

So, homosexuals are here in Malawi and they will continue to be born. They have no choice as to how they develop. They just ARE. They are our brothers and sisters, children, uncles, aunts, cousins, neighbours, employers, employees, teachers, doctors, academics, priests and just plain Joes. At the moment they live in fear of discovery. They live a life of lies.

Must we continue to hunt them down and lock them up for fourteen years? It will not change their nature. It will not change their sexual desires. And it will cost the state money to keep them. There is no profit to anyone.

In other countries where the old ignorance gave way to an understanding and a change in the laws allowed homosexuals to ‘come out’ and live life honestly as they were created there has been no damage to society, no-one has been harmed. In fact, we will be denying our nation the services of useful citizens.

It has been noted that many homosexuals are exceptionally talented – perhaps more in proportion to their numbers than are found with such talent in the rest of the population. They are artists, actors, entertainers, musicians, fashion designers, beauticians, hairdressers, dancers. They have been famous politicians and gifted scientists. The world would be a poorer place had it been denied their talents.

As one observer said:

Homosexuality is god's way of insuring that the truly gifted aren't burdened with children.

Let us accept that they are all welcomed as fellow-citizens. Let us not be swayed by religious leaders or populist politicians. Let us not be distracted by the NGO issue. Or the donor aid issue.

Let us be understanding and tolerant. Let us continue to push for the removal of unjust laws from our statutes.

SUNSET OVER MALAWI. TIME FOR A NEW FLAG?

noreply@blogger.com (Mkamwini) — Sat, 26 Mar 2011 08:18:00 +0000

THE JOURNEY AND THE NEW FLAG

You climb into the minibus. It looks OK from the outside. Even the seats are in reasonable shape. But once on the road it becomes obvious that something is wrong. The driver reassures you.

“It’s just come out of the garage. Everything has been sorted out.”

But still, you are a little uneasy. You decide to see how things go. And then you hit the rumble strips at Linthipe Bridge. The driver loses control. The brakes fail. Several die. Others are injured. The driver blames Satanism.

What really happened? What went wrong?

The driver was lying. The minibus had not been fixed.
The passengers should have told the driver to stop so that they could get off.
Satan was nowhere to be seen but someone had to be blamed

CHANGED BEYOND RECOGNITION

Malawi, so we have been told by the driver (himself a former minibus operator), has changed beyond recognition since he took over the wheel. It changed so much for the better in a few short years, changed beyond recognition, that it deserved a new flag showing that the rising sun had reached its zenith, shining benignly over the country.

Was the driver lying? Well, yes! Or he had been misinformed. Much of the apparent rapid growth was based on reports of higher crop yields, especially of maize and cassava. Open market crop prices during many of these apparently bumper years indicated that maize, our national staple, was not abundantly available. The government attempted to suppress the report that would give a lie to the official figures. However, it is now available here.

If basic food production was overstated so too are figures for GDP and growth. And the ‘economic’ miracle, like most miracles, is seen to have been a mirage.

In spite of an excellent crop in the 2009/10 growing season, the daily life of the average Malawian seems not to be improving. Industries are suffering, fuel and forex shortages are affecting all businesses. Businesses are laying off staff. Many companies are finding it difficult to pay their creditors. More and more are selling off non-producing assets such as vehicles and properties to provide operating capital.

And the ‘passengers’ are getting restless. The NGO’s, the churches and business associations are grumbling..These are the Linthipe rumble strips. And already, before the crash, our driver has identified the Devils – the donor partners

STOP THE BUS, MR. PRESIDENT, YOU ARE LOSING CONTROL. WE WANT TO GET OFF!

When sun has risen and has reached its zenith, there’s only one way for it to go – down into the fading sunset.

I’ve designed the new flag to reflect that situation.

FACTS & FIGURES – HOW DO WE MEASURE UP?

Sources:

http://hdr.undp.org/en/statistics/

http://www.nationmaster.com

Gross National Income US$ per capita: 166th out of 170 nations

Human Development Index 153^rd out of 169 nations

Population below poverty line 55% 18^th out of 141 nations

Aid as a percentage of GDP 26.2% 6^th out of 120 nations

Purchasing power parity 143^rd out of 229 nations

Purchasing power parity per capita 163^rd out of 163 nations

Gross National Income per capita $134.28 166^th out of 170 nations

Household Final Consumption $131.467 132^nd out of 136 nations

Clearly we still have a long way to go.

NOTE: Some of the above figures may not be up to date. Any recent improvements will have been slight. They are, though, good indicators of the size of the task that faces our leaders.

POLITICS.REQUESTS WE CAN’T REFUSE. ASIAN BUSINESSMAN LOSES K4M TO CONMAN

noreply@blogger.com (Mkamwini) — Thu, 24 Mar 2011 10:06:00 +0000

POLITICS.REQUESTS WE CAN’T REFUSE. ASIAN BUSINESSMAN LOSES K4M TO CONMAN

It was reported in the Daily Times of 23^rd March that MR. Farook Kali of Suncrest Creameries had been persuaded by a confidence trickster to part with K4 million thinking that the trickster was acting on behalf of senior Government figures including Peter Mutharika, Minister of Education, younger brother of the President and presidential aspirant. Needless to say, spokespersons for the DPP and Peter Mutharika have denied all knowledge and have roundly condemned the perpetrators

I know Mr. Kali and many members of his family. I know them as well-established and reputable people whose businesses have been built up on hard work and application without, apparently, the necessity for bribery. Bribery is a hidden affair. It is only when we notice a rapid and inexplicable rise in wealth or the acquisition of business to the detriment of apparently more worthy operators that we begin to suspect it. Let me say, then, that I do not suspect that the money handed over by Mr. Kali was in any way intended as a bribe. Because the case will no doubt end up in the courts I have not approached Mr. Kali for his story. In fact, the details of the story do not form the subject of this article.

There is always a close linkage between big business and politics. America is a prime example. The cozy relationship of Washington law-makers with the big banks has helped produce the financial mess that America and much of the world is now in.

We can speculate as to why Mr. Kali thought he had to part with so much money. The reason may lie in the poor state of our democracy.

The Asian business community has been the subject of the President’s diversionary tactics, blamed without evidence for the current forex shortage (and not for the first time). As convenient scapegoats, Asians feel insecure. When approached for funding by political parties or individuals in power or who they believe may shortly be in power, they feel that Government agencies may be directed to target them and their businesses or refuse them government business if they do not pay up. With so much at stake, it is difficult to refuse. How many businesses, no matter the race or nationality of the owners, could withstand the full combined assault by the Malawi Revenue Authority, the Fiscal Police, the Immigration Department, Health & Safety inspectors? What inconvenience and misery, even if there is nothing to hide!

When we look at the composition of Parliament and the hierarchies of the main political parties, the business community is not all that well represented. Between our political parties there is nothing to choose in the way of philosophical differences. There is no party of ‘labour’. There is no party of ‘business’ or ‘free trade’. There is no party of labour because the unions have yet to gain sufficient strength and the support of the working class. There is no party of business because many of those who have the knowledge and ability and who may find themselves in opposition to the government of the day, fear that they and their businesses, will also be targeted or that they will be excluded from government business.

There are no regulations concerning political party funding. There is nothing wrong with businesses or individuals making contributions in support of politicians and parties who represent their interests or accord to their political views. However, such donations should be made public and hidden contributions should be penalised.

We can only guess at how many businesses are ‘persuaded’ to contribute out of fear; how many contribute out of the hope of favour and how many contribute to the cause that they believe in. It is up to the ‘honest’ fearful ones to stand firm and refuse to give. That will leave mainly the favour seekers. G

There is widespread speculation that inducement (i.e. a bribe) is needed in order to obtain government business. Of course, while a Government is in power it is unlikely with our weak ‘independent’ watchdog organs of government that anything will be revealed or that any high-ranking person with the right contacts will be prosecuted.

There are even wider concerns that monies voted to projects do not end up being spent on the projects or that government facilities do not receive what has been budgeted for them. That raises the spectre of theft and misappropriation by government officials or office holders.

Our donor partners who have invested so much in Malawi over the years for an inadequate return are not blind to these developments. Where the Police are seen as agents of the executive and the rule of law breaks down; where the Constitution is breached by those who swore to uphold it corruption and cronyism will become rampant. Can we blame them for making the statements that they have recently threatening to hold government to its agreed standards as a pre-requisite for continuing budget support?

Malawi, we are in deep trouble.

BINGU'S PRIVATE ARMY?

noreply@blogger.com (Mkamwini) — Mon, 21 Mar 2011 06:01:00 +0000

BINGU’S PRIVATE ARMY

Now we know it. The Malawi Police Force is Bingu’s private army. Our President appears to be both paranoid and delusional - what a dangerous combination. It is perhaps fortunate that the people of Malawi do not share his delusions.

The delusion is that the power of the president is limitless; that his word is law.

He is paranoid because he sees enemies everywhere. What he overlooks is the fact that his own actions have made enemies of his former friendsand supporters .

And the latest indications of delusion came from his lips – once again! As reported in the Sunday Times of March 20 at a ceremony to open a new factory he said:

“Once again, let me repeat that the Inspector General works for the Government and I am the Commander in Chief of Police. If you ask the Inspector General to apologise, you are asking me, the President, to apologise. I want you Malawians to reflect on this: Can a president apologise to an NGO or a university lecturer? What kind of a country is that?”

Mr. President, when people make mistakes, it is expected of them that they will apologise. When public officials, such as the Inspector General of Police, make mistakes it is imperative for the continuance of public confidence in them and their organisation that they not only to apologise for the mistake but also assure the public or the offended parties that there will be no repeat of the mistake.

You ask what sort of a country is it that demands an apology from a president. Simple – it is the country that we envisaged when we removed the dictatorship of Dr. Banda and his cruel party and state apparatus of oppression - the type of country that we defined in our Constitution.

You are mistaken, Mr. President, to believe that you are Commander-in-Chief of the Police Force (now misnamed ‘Service’). Mr. President, you swore falsely on the Holy Bible when you took the oath of office. Had you really intended to defend and protect the Constitution you would have noted that the Police is constituted as an “… independent organ of the executive..” The Constitution is to be interpreted in a simple manner. It is clear that the executive has no part to play in its OPERATIONS as defined in Section 153. And – here’s something that you may not be aware of – there is no mention of a Commander-in-Chief. And you do not have the power to appoint yourself to the non-existent post.

Your reference to a Commander-in-Chief was a Freudian slip. You were obviously confusing the Police with the Army where you are constituted in that capacity. Your error is excusable because both you and your predecessor have suborned the Police Force and turned it into a private army of oppression.

The Police are the second of our constitutionally independent bodies to have been emasculated, the other being the Electoral Commission whose closure is a continuing crime.

Let me remind you, Mr. President, that the presidency operates under very strict constitutional controls. Your word is not law. Your recent pronouncements on things such as pre-conditions for demonstrations are illegal. Laws and regulations have to be effected by due process. Anything that requires your direction has to be formalised by your signature over the official seal. Let us see the paperwork.

At the same ceremony, you are reported to have said that you were waiting for Malawi human rights activists to return from the United Nations, where they went to petition the UN to take action against you and those close to you, so that they should ‘explain’ to you the contents of the petition. Is that the sort of explanation that Mukhito demanded of Blessings Chinsinga? Are you about to repeat the same inexcusable error? Mr. President, no-one need to explain anything to you.Their petition has already been made public. If you missed it, your intelligence service should have it on record or you could ask our representative at the United Nations to brief you. What other explanation could you expect? Or do you want to berate them in one of your famous 'listening' meetings?

What they have done is part of the process of:-

KEEPING YOU HONEST

You are accountable to us. We are not accountable to you. We are accountable to the law. Otherwise we are free to conduct our lives in any way we wish without interference from the executive.

You must account to us. Can you explain your apparent sudden rise to wealth? Will you take us on a tour of Ndata Farm? Can you explain to us how the businesses of those close to you have grown so miraculously? Has a state-owned bank overstretched itself to be accommodating?

When Malawi chose a multi-party and democratic system it was not like rival supporters of Premiership football teams putting in power their favoured team and the paying scarce money at the gate to watch the players earn K40m per week. But that is what it seems like. Both you and your predecessor wasted no time in embarking on lavish personal housing projects. And we are sitting like the paying spectators expected to cheer you on! We are waiting to find out how your predecessor did it. But would like to know right now how you are managing. Please be kind enough to reassure us that our assets are safe in your hands.

THE SQUEEZE

In your paranoia you have been calling out our development partners for undermining your presidency. They are the same partners who assisted our nascent democracy. They are the same partners who are helping us to strengthen that democracy. Now that you have demonstrated to civil society and our development partners that you have no concern for our democracy, for constitutionality or the rule of law, we are happy to learn that those same partners have now resolved to make more funds available to civil society to protect and strengthen our democracy.

The squeeze is on. Civil society, the churches and development partners are putting on the pressure. Eventually, you will be unable to resist. Why is it that dictators believe that they are immune to the inevitable?

I urge you, Mr. President, to sit back and reflect seriously on the path that you have chosen.
There is time for you to reform and deliver to the owners the nation trhat you promised.

STATE HOUSE INSULTS OUR INTELLIGENCE

noreply@blogger.com (Mkamwini) — Thu, 17 Mar 2011 10:33:00 +0000

STATE HOUSE INSULTS OUR INTELLIGENCE – BLAMES US FOR “DELIBERATELY ATTACHING WRONG CHARACTERISATIONS TO (BINGU’S) STATEMENTS AND ACTIONS”

My apologies for not posting this earlier. We had a protracted local electricity fault and a lot of catching up to do when power came back on.

Just a few days ago, I believe it was when Bingu was addressing a passing out parade at the Police school, he chose to say “And in case any of you do not understand English let me say in Chichewa …” He made it quite clear in both languages that Inspector General Mukhito would not apologise to Blessings Chinsinga for calling him out for something he had said in a lecture at Zomba’s Chancellor College.

What the President said in English was clear enough for anyone to understand. And what he said at the Kamuzu Stadium on Sunday, March 6 last, in English only, was absolutely clear to me. And it was equally clear to everyone else that I have spoken to who had heard it. It was clear also to the media who reported that Bingu was inciting the DPP youth wing to ‘protect’ him in the manner of Kamuzu Banda’s dreaded Young Pioneers and Youth League and of the thugs masquerading as Bakili’s UDF Young Democrats. That he chose not to have clarified his meaning by saying it again in Chichewa is an indication that he had no doubt that we would understand him clearly. Let’s face it – he lost it and displayed growing dictatorial intolerance.

On Monday came the damage control with senior government and Party officials stating at a Press conference and on Capital Radio that the President did not mean what he said – or what we believed him to have said. Bingu goofed and his lieutenants realized that. But the damage control did not work. Those who heard Bingu’s words did not accept their spin.

Everything was dying down. We were all waiting for the next Bingu rant. Someone at the top must have told Bingu that the excuses weren’t going down well with a horrified public. So now, in case we did not understand the spin, there is an Official Press Statement telling us independent listeners that we do not understand English and have misunderstood what we were sure were clear references to violent action by the youth against political ‘opponents’.

I find the wording of the Press Statement insulting. It insults my intelligence and it imputes to me an intention to deliberately distort the meaning of what I heard him say. I wrote in my last post about PARANOIA and this is a clear indication that our President is now paranoid. I am, like all Malawians, free to hold my own opinions. My opinions were formed by my clear understanding of what he said. I have no motive to ‘deliberately attach wrong characterizations.’ From the way things have been going recently in his Government who could blame us for characterizing him as a man deliberately inciting his youth because he is intolerant of criticism and stubborn to boot. The behavior of the President in his second term in office has turned me and the millions of other Malawians who voted for him into the disenchanted mass that now believes that he is leading this country to ruin. Three more years is three years too many!

Local readers of our newspapers will have read the full page advert that appeared on 16^th March. For the benefit of those who have not had access, the full text is reproduced below. It needs no further comment from me because it quite clearly demonstrates the depths to which we have now sunk. The wording does nothing towards healing the harm of the President’s own words. In fact it reflects very badly on him and the sycophants and self-seekers who surround him.

We can only wonder for how much longer the DPP MPs will allow us to suffer? They should also think of a future without him – and without his personal appointee successor. Time to resign and become independants.

As an indication of how bad things really are, our long term friends from the diplomatic corps felt that they should make the joint statement that appears below. I cannot remember that they ever felt so strongly before that they should feel compelled to make a statement of this nature.

Joint Statement

February 11, 2011

Lilongwe, Malawi

We, the Heads of Mission, representing France, Germany, Iceland, Ireland, Japan, Norway, the United Kingdom and the United States, share the concerns voiced by many Malawians about certain negative trends in the country. The passage of the Penal Code Amendments Act has heightened these concerns. We remain deeply committed to Malawi and its people. As partners and friends, we would like to recall that good governance and respect for human rights – including freedom of expression, observance of democratic principles, freedom from discrimination – are the foundation upon which our partnership is built. Because of this enduring commitment to Malawians, it is our responsibility as partners and friends to monitor closely Malawi’s adherence to international standards for protecting its citizens’ rights. We look forward to expanded dialogue with the Government of Malawi about these concerns.

Text of Press Statement:

PRESS STATEMENT

MISCHARACTERISATION OF THE PRESIDENT’S STATEMENT

The State House has yet again noted with sadness what is becoming a distressing habit of deliberately attaching wrong characterizations by His Excellency the State President Ngwazi Professor Bingu wa Mutharika.

The habit is worrisome and distressing because the mischaracterizations are made in the glare of all facts and information that should help any sound critic to correctly project the image of the President and put his remarks in their rightful context.

In calling on the supporters of the Democratic Progressive Party during a mass rally at Kamuzu Stadium in Blantyre on Sunday March 6, 2011 to ‘protect’ him from those that disparage his leadership and government, the President has been deliberately misunderstood by some sections of the civil society and the media who have specialized in finding fault with everything he says, to have meant that DPP supporters should physically molest his critics. This is extremely disappointing.

To begin with, His Excellency the President never explicitly used any such words that would be understood or interpreted in their ordinary nature as meaning that he wanted his detractors to be physically assaulted.

His Excellency the State President cannot be accused of giving an implicit instruction either because there is no basis. An implicit interpretation in this regard could only be deduced from the President’s record on the matter he is being accused of. In this regard, it goes without saying that with regard to violence the record of His Excellency the President is, authentic, immaculate and impeccable. His Excellency the President has always advised the DPP Youth never to molest anyone or engage in violent acts that would tarnish the good image of the Party. Therefore, there is no ground for misinterpreting his remarks on the matter in question in the context of whipping up violence against his cynics.

It stands to be clear therefore that what the State President said at the rally had a different meaning away from violence because he has never been associated with it. Those who are familiar with the background, demeanour and character of His Excellency Ngwazi Professor Bingu wa Mutharika will be the first to testify that he has made intellectual engagement and sound persuasion as the only tools for propounding his ideas. State House challenges any critic to produce evidence that would prove the foregoing characteristics of the State President wrong.

From the above explanation, it is clear to understand that His Excellency the State President meant that the DPP supporters had to deal with his critics in a manner that embraces the ideals that have always guided his manner of propounding his ideas, namely intellectual engagement and sound persuasion.

The word ‘protect’ as used by the State President should not be misunderstood by his critics for purposes of creating a pretext for justifying their calculated treachery of condemning him. If the word is understood generously and alongside the total package of information regarding the character of His Excellency, it is easy to understand that he meant that people will resign to the discipline of silence once they have been supplied with information and clarifications through engagement and discourse.

The State House is surprised that some sections of the general public still need assurance, when it is abundantly obvious that His Excellency the State President Ngwazi Professor Bingu wa Mutharika is a true and practical democrat who swore to defend the Constitution of Malawi and has ensured during his reign that his people enjoy their inherent freedoms on a rostrum that is shared by rights and responsibilities. The civil society does not need to be reminded that the DPP party which the State President founded and leads is truly progressive and democratic.

Signed: Albert Mungomo, State House Press Office, Sanjika Palace, Blantyre, 14^th March 2011

It would be superfluous of me to comment. I think intelligent readers will pick up the flaws in the argument – that is if they bothered to read this to the end. I wonder whether Mr. Mungomo gets paid by the word. Someone should tell him that sometimes silence is the best defence! If he were working for me I would have fired him for this. But maybe his boss thinks it’s great.

PRESIDENT TO PUBLISH A NEW DICTIONARY

In the above press release you may have noted that we are about to get a new definition of ‘protect’. That is not all that worrying because if he issues a completely new dictionary we will be able to translate all of his words using his own definitions and work out for ourselves what he really means! Unfortunately, one gets the impression that the definitions will change according to his particular needs.

What is very worrying is that Bingu has just announced that he will set up a committee to redefine ‘academic freedom’ because the University lecturers are refusing to go to class until such time as they get an assurance that their academic freedom will not be abused. Someone should tell the President that the concept of academic freedom is widely understood and where there is a dispute over interpretation there is sure to be a large body of case law that will clarify the issue. One of the other two arms of government, the judiciary, has that task.

In a future blog, when I get some time, I will endeavour to make my own suggestions as to how the new Bingu Dictionary will redefine our freedoms – to suit himself, since Mr. Mungomo has painted such a good picture of him (not one that I recognize!) In the meantime I would welcome suggestions from readers as to how they, if they were Bingu, would redefine them.

MALAWI, ARE WE DOOMED?

noreply@blogger.com (Mkamwini) — Mon, 14 Mar 2011 07:29:00 +0000

When we puzzle over the strange behavior of our President and his Government it may help us to keep in mind the word ‘PARANOIA’.

Paranoia is an unfounded or exaggerated distrust of others, sometimes reaching delusional proportions. Paranoid individuals constantly suspect the motives of those around them, and believe that certain individuals, or people in general, are "out to get them."

Persons with paranoid personality disorder tend to be self-centered, self-important, defensive, and emotionally distant. Their paranoia manifests itself in constant suspicions rather than full-blown delusions. The disorder often impedes social and personal relationships.

Paranoia is also a possible side effect of drug use and abuse (for example, alcohol)

Symptoms of paranoid personality disorder:

suspicious; unfounded suspicions; believes others are plotting against him/her
preoccupied with unsupported doubts about friends or associates
reluctant to confide in others due to a fear that information may be used against him/her
reads negative meanings into innocuous remarks
bears grudges
perceives attacks on his/her reputation that are not clear to others, and is quick to counterattack
maintains unfounded suspicions regarding the fidelity of a spouse or significant other

You may or may not recognize anyone you know but there are worrying signs that our big man has ‘lost it’.

I would hesitate to say that it is a contagious disease but it seems to affect our politicians past and present at all levels in the hierarchy.

For the first five years of Bingu’s presidency our civil society watchdogs went to sleep. These organisations – the NGOs and the faith-based bodies - were indispensible to him in exerting pressure on an opposition controlled Parliament to pass necessary measures such as the annual budget. Now, with a large majority, he has caused ‘his’ Parliament to pass many laws which appear to be contrary to our Constitution designed only to enslave and oppress us. Civil society has now woken up to the dangers of a Bingu out of control.

It is common knowledge that many of our NGOs have been financed for many years fully or in part by our partners with the UK, EU, USA and Norway as the principle donorss. Most of their funding to our ‘watchdogs’ is to help strengthen governance, human rights and the rule of law. And there is a very good reason why they should consider this so important.

We often compare the progress made by other countries which at the time of our liberation 47 years ago were at similar levels of development and wealth (rather, poverty) as ourselves. Yet they have prospered beyond all expectations. Malawi remains very close to the bottom of the heap when measured by the Human Development Index. Click to see the full index here . Korea was nowhere, Malaysia was languishing in Equatorial slumber.

The 2010 position was:

In the Very High category position 12 – Korea (UK 26)

In the High category position 57 – Malaysia

In the Medium category position 98 – Botswana

position 110 – South Africa

In the Low category position 153 – Malawi

position 155 – Afghanistan

Bottom 169 - Zimbabwe

It may be thought that differences of potential were caused by factors such as ease of access to the sea, possession of adequate natural resources, educational levels, policy choices and geographical features. In a study carried out many years ago by the respected UK Economist magazine it was found that the main common success factor was adherence to the rule of law/good governance. With this knowledge in mind our partners have invested money in us by strengthening this area of our public life. Without a stable base the resources invested by the same partners in other areas – including budget support (a gift of cash) – such as infrastructure, education, health and power will not have been as effective as they could have been.

In Malawi the rule of law is not fully established. Good governance is at a low point. We remain poor. So much for our being a ‘developed’ country worthy of a new flag and a full sun. The sun shines only on the elite.

Our NGOs and other bodies have now begun to speak out, as they should, at the erosion of our rights and liberties. Our paranoid leaders are now convinced that the same funds given to the NGOs, once so helpful to them, are being given for the sole reason of overthrowing the current regime. Yet they are doing what they have been doing all these years – acting as our watchdogs. Government has no evidence of a link with the allocation of funds to our NGOs and a concerted effort to overthrow it. Our President and Government appear to be incapable of analyzing the issues over which these bodies are acting. The paranoids, convinced like religious zealots of the absolute right of their actions and reactions, are no longer amenable to dispassionate analysis or reason.

What has changed?

Only you, Mr. President. Only you!

You, Mr President, are the cause of your own problems. The economy is going downhill fast. There is confusion in your rudderless Government.There is ever more evidence of public dissatisfaction with your leadership, your style, your actions, your public pronouncements, the actions of your Police Force. The Malawian public is close to saying enough is enough. What remains to be decided is what is to be done about it.

You have made enemies of business, academia, students, NGOs, donor agencies and millions of your people.

If nothing changes, if you cannot realize the error of your ways and change them, Malawi as a nation is doomed. You will have condemned us to many more decades of ‘catch-up’ in a difficult and rapidly changing world that may no longer have the scope to pander to your follies for very much longer.

THE COMPANY YOU KEEP - JOYCE BANDA AND THE LESSON OF THE FAMOUS PIG SONG

noreply@blogger.com (Mkamwini) — Sun, 13 Mar 2011 09:09:00 +0000

'Birds of a feather flock together' means that like associates with like. Pigs with pigs. Drinkers with drinkers.Thieves with thieves. If we don't know too much about a person we should look at their chosen company.
As a little light relief for Sunday here's the Famous Pig Song - the lesson is quite clear. If you don't want your companion's character to reflect badly on you - walk away.

The Famous Pig Song
(Clarke Van Ness, music by F. Henri Klickmann)

 'Twas an evening in October, I'll confess I wasn't sober,
 I was carting home a load with manly pride,
 When my feet began to stutter and I fell into the gutter,
 And a pig came up and lay down by my side.
 Then I lay there in the gutter and my heart was all a-flutter,
 Till a lady, passing by, did chance to say:
 "You can tell a man that boozes by the company he chooses,"
 Then the pig got up and slowly walked away.

     Walked away, walked away,
     He was really too particular to stay.
     "You can tell a man that boozes by the company he chooses,"
     Then the pig got up and slowly walked away.

 Then I heard a gentle mooing, it was like a pigeon cooing,
 As a home returning cow stopped in her stride,
 And her eyes were big and gentle; her expression sentimental,
 As she curtsied low and sat down by my side.
 Then I saw her eyelids flutter and a tear fell in the gutter,
 As the owner of the cow did loudly say:
 "Leave that brute this moment, Sonja, or your milk will curdle on ya,"
 Then the cow got up and slowly walked away.

     Walked away, walked away,
     She was really too particular to stay.
     "Leave that brute this moment, Sonja, or your milk will curdle on ya,"
     Then the cow got up and slowly walked away.

 Then the moon began to shine in that old gutter I reclined in,
 Thinking of the weakness of the human race,
 When a dog sat down beside me, and I thought he came to chide me,
 Till he gently licked the stubble on my face.
 In the gutter, still reclining, I began "Sweet Adeline-ing,"
 While the dog raised up his head to loudly bay;
 Then his mistress said, "Come, Fido, that disgusting man may bite you,"
 Then the dog got up and slowly walked away.

     Walked away, walked away,
     He was really too particular to stay.
     Then his mistress said, "Come, Fido, that disgusting man may bite you,"
     Then the dog got up and slowly walked away.

 Down the street there came a clatter, and a gentle pitter-patter,
 As a pair of goats along the gutter ran;
 And it seemed that Billy knew me, for he quickly drew up to me,
 While his wife munched on an empty sardine can.
 Then again my pulse did flutter, and my heart was soft as butter;
 Till the Nanny goat, unto her mate, did say:
 "William dear, your social status don't include men such as that is,"
 Then the goat got up and slowly walked away.

     Walked away, walked away,
     He was really too particular to stay.
     "William dear, your social status don't include men such as that is,"
     Then the goat got up and slowly walked away.

 Then I started in to mutter and I rose up from the gutter,
 Then I sadly went about my lonely way;
 I was weary, sick and busted; I was really quite disgusted,
 And I vowed to sign the pledge that very day.
 For each humble, lowly creature, a great lesson he can teach ya,
 Like the one learned while I in the gutter lay;
 In the tavern, do not tarry, when you've got all you can carry,
 But take up your load and slowly walk away.

     Walk away, walk away,
     For the "Horrors" is an awful price to pay,
     In the tavern, do not tarry, when you've got all you can carry,
     But take up your load and slowly walk away.

 CODA
 Now lately I've been thinking that I will quit my drinking.
 I'm going to leave off whiskey, beer and grog,
 For there's no consolation, but only aggravation,
 You can't even find friendship with a hog.

 (Alternate last stanza)
 I began to scratch the gravel, on my all fours I did travel,
 I rambled down the road the best I could.
 When I awoke next morning, just as the day was dawning,
 I was in a hog pen away out in the woods.
 Then the hogs began to grumble, I started and I stumbled,
 I fell right in their midst and there I lay.
 Then one by one they started, till all the herd departed,
 Yes, every hog got up and walked away.

     Walked away, etc.

VISITING AMERICAN HUMANIST MEETS 'WITCHES' IN MAULA PRISON

noreply@blogger.com (Mkamwini) — Sun, 13 Mar 2011 04:46:00 +0000

American Humanist, Pete Larson, is visiting Malawi in his professional capacity. He and his colleagues paid the fines to releaseand three old women 'witches' and for transport to their village.
You can read his excellent and sensitive account at:
http://peterslarson.com/2011/03/11/prison-in-malawi/

BINGU MUST GO! BUT WHAT ABOUT JOYCE BANDA’S BAGGAGE?

noreply@blogger.com (Mkamwini) — Fri, 11 Mar 2011 12:01:00 +0000

The cries are getting louder: “Bingu must go!” While we are concerning ourselves with fuel and forex shortages; threats of violence sponsored by the Head of State; continuing oppression by the Police; student protest; rumblings from churches and NGO’s rivalling the thunder of Bingu’s name – while we are distracted we have forgotten something very important.

WHAT HAPPENS IF BINGU GOES?

The Constitution is clear. The Vice President takes over. Joyce for Pres – Woyeeee! Or whatever silly slogan her new party will dream of.

Bingu, had a determination to determine on termination of his term, that his young Bro or some other (hint, hint – Callista?) of his choosing would succeed him. He learnt how to do it of course. He was the beneficiary of Bakili’s methods. Pedal the bike put the successor on the carrier. But Bakili was a younger man and we’ve seen what happened to his back. Can an 80 year old stand the pace? On the sidelines stood his Vice, Joyce Banda – a possible block to his plans and, so, she has been effectively sidelined which seems to be the fate of Malawi’s vice presidents at some time or other in their term. In Joyce’s case it was done with unseemly haste.

Joyce Banda is something of a mystery to me. I know from people who knew her as a young secretary (they call them PAs these days, it sounds so much more important) that she was a clever, ambitious and focussed person. Of all those who have been at the centre of Malawi politics since the early 1990s she is one of whom I know so little. We know each other. Her husband, former Chief Justice Richard Banda, and I know each other but just in a casual manner. I have never heard anyone speak anything bad about her that was not prompted by malice. After the rift with her boss she kept a dignified silence. She is a woman who has made an impact on her world. She has been able to do things outside of politics that have earned her respect not only in Malawi but in the wider world. I and many Malawians were very sympathetic to her plight. We admired, also, her stoic silence in the face of much public and adverse comment from agents of the Government such as the state radio and TV and the derogatory language of her apparent enemy, our ‘First Lady’ Callista.

Should she have been harbouring ambitions to become President one day – as she is fully entitled to - most of us thought that she would bide her time in dignified silence and make her intentions known much later and much closer to the 2014 election date.

Someone advised her otherwise and she formed her own party. This is very unfortunate because it merely reinforces the system with which we are only to familiar and which has proven to be a weakness and stumbling block to democratic and widespread development – the system of person-centred politics; the politics of patronage which has been so damaging to national unity and purpose.

We have lost sight of these developments. I am thankful to a Facebook contact for drawing my attention to the make-up of her party. You can see the full article and list at:

http://www.malawidemocrat.com/politics/line-up-of-vp%E2%80%99s-party-bj-stambuli-kadzamira-in-2/

I was horrified to see the political prostitutes whose names disgraced the page.

In 1993/4, when I was a UDF Executive Member campaigning for Bakili and the Party in those first truly free multi-party elections, the cry from our opponents was:

“Chipani cha Mbava” (The Party of Crook(s)).

I was never sure whether they were referring to Bakili who had an ancient conviction for theft of £6.00 or whether they were referring to the rest of us. I remember hearing someone shout in reply across the Blantyre street:

“Eeh! Ndi mbava amene timafuna.” (Yeah! That’s the crook we want.)

And so the ‘Party of Crooks’ became ascendant for ten years. And by the damage they did to our government departments, statutory bodies, wherever, I guess the epithet was well-earned.

Someone persuaded Joyce that she needed well-known figures to support her bid in 2014. She was wrong. There are well-known figures on her party list that the people of Malawi now know to be self-serving, some criminal, some failed politicians (some both) who have just hitched their hopes to an apparently good presidential prospect hping for more juice in the future. And, believe me, they know how to squeeze it out to leave the fruit completely dry.

If anyone doubts the affinity of the UDF high-ups with Malawi’s criminal underworld I will relate an event that should be a clear illustration.

I was Chairman of the Malawi Council for the Handicapped (MACOHA). It was the annual world day for the disabled and, as usual, I was to lead a delegation to Sanjika to meet the President to mark the start of MACOHA’s flag-week. We expected, also, that the President would kick start the fund-raising with his normal generous donation. But he cancelled it. He cancelled it to attend the funeral of a well-known Blantryre crook. Government actually graded the road to his house. But, to add insult to injury, Bakili made a larger donation to the funeral of the crook than he did to the disabled.

And sitting immediately in Joyce’s shadow is Brown Mpinganjira, political opportunist, failed Presidential candidate, failed Vice-presidential candidate. He is accompanied by many of his old NDA hangers-on. And behind him is failed UDF Vice-Presidential candidate Clement Stambuli. Those who care enough can check the link that I gave above and identify the crooks for themselves

The phrase ‘Recycled Politicians’ suggests itself again. Joyce Banda does no good at all to her chances of election in 2014 by surrounding herself with so many of doubtful repute. Not a good scenario for the future.

However, all is not lost. Let us assume that, for whatever reason, Joyce becomes President before Bingu finishes his elected term. She will be faced with a Parliament full of MPs who have ostensibly rejected her. But, given the turn-coat nature of our politicians, we should expect most of them declare their undying love and support for Joyce. I would hope that her need to get parliament on her side would force her to favour MPs over her new party officials. And, if we are lucky, dump most of them for good.

If Joyce should take over the Presidency DPP will die just as UDF has died. Without the power of patronage and access to government assets that the presidency brings there is no support for the top-down party.

So, what do we want – Bingu out or Joyce in? Neither? If no change over the next three years we are doomed. We really are between the proverbial rock and a hard place. When you think of it, we have never had a decent choice of Presidential candidates.

‘HOMEBOY’ CHIEF JUSTICE TELLS PRESIDENT TO RESPECT HUMAN RIGHTS

noreply@blogger.com (Mkamwini) — Thu, 10 Mar 2011 06:33:00 +0000

In the past I have mentioned the problem that most Malawians have with the President’s habit of appointing his ‘homeboys’ to the top positions in Government. I am also critical of tribalistic and nepotistic practices. My criticism is of the President – not of the persons appointed. In fact, many of them are highly respected and well known figures who are perfectly capable of doing the jobs that they have been given.

One of those is Chief Justice Lovemore Munlo who has impeccable credentials most recently as an international jurist. He and President Mutharika both spoke at a ceremony yesterday, Wednesday, to mark the establishment of an African Court on Human and People's Rights. Munlo was outspoken in the presence of his ‘homeboy’ President when he adjured African Presidents to respect human rights and the rule of law.

Mutharika has spoken publicly about his determination to ignore the laws when they threaten to frustrate his nefarious intentions. Given the reluctance of other African institutions such as NEPAD, African Union and SADC to censure their own, it is not surprising that our President stated quite clearly and with an eye to his shaky future that the determined International Criminal Court (ICC) should not indict African Presidents but, instead, the new African court should be left to do its job. Clearly he expects that it will be as remiss in disciplining its own as other ineffective continental bodies.

My understanding is that the ICC acts only when national bodies fail to do so. I would expect, then, that the ICC would still act if it could be demonstrated that the African court is unwilling to act against incumbent or former presidents.

You have to be thick-skinned to be a politician anywhere in the world. Our President seems to be pachydermally blessed. A man who has so flagrantly breached our Constitution and who has demonstrated a complete disregard for the law, has the audacity to take part in a ceremony that can only draw attention to his failings and his crimes. This is the same man who has just released his book: From Poverty to Prosperity in which he advocates exactly the opposite of what he himself practices. Hypocrisy of the highest order!

We expect, in fact we do not doubt, that Chief Justice Munlo will be a defender of our rights and will ensure that his companion judges do likewise.

In the case of that other ‘homeboy’, Inspector General of Police Mukhito, we may as well give up hope. He is the slavish and obedient pet ‘poodle’ of Mutharika. Will he one day face the African court?

Shame on you, Mukhito, and shame on the whole of the Police Force. Are there none of you in that institution prepared to uphold the Constitution? It is time we held official criminals personally to account. With a little luck and some determination by African jurists, let us hope that the new African Court of Human and People's Rights will make justice sure and swift when national bodies fail us.

I DESPISE OUR PRESIDENT

noreply@blogger.com (Mkamwini) — Tue, 08 Mar 2011 07:53:00 +0000

I despise our President, the same man that I so trustingly and unwisely voted for in 2009. I am committing no crime. My scorn is a measure of my opinion that the Constitution defends.

I do not despise the poor. I do not despise the uneducated. I do not despise the ignorant or the frail or the old. I do not despise them because I do not consider that I am any better than them. Their ideas, their wishes, their dreams are as valid as mine. In a democratic world we have to understand and respect each other’s right to diversity.

I despise this President because he despises me. Lack of respect is to despise. He respects no-one; respects no law. He despises his fellow Malawians. He cares nothing for our opinions. He despises our laws and the Constitution that he swore on solemn oath to uphold.

If that puts me in danger of the DPP zealots who may take up the President’s challenge to deal with those who despise him, then I am waiting for them. I despised Dr. Banda for his cruelty to his own people. I despised Bakili Muluzi when he thought that he would intimidate us into accepting another Life Presidency. In those times I spoke out and became active in the process of change. In present times I am again speaking out and am prepared, when the time comes, to be an active protector of our hard-won freedoms and rights.

At the stadium in Blantyre on Sunday Bingu quite clearly stated that he was not concerned whether what he was advocating was lawful or unlawful. He was the ‘ruler’ and his word is law. The problem with this stance is that it is an invitation not only to party zealots but also to the rest of the populace to disregard the law. Lawlessness can lead to revolution. Much public comment now quite clearly says that Bingu must go. We cannot, as a nation, afford to leave a man like him in charge until the next election in 2014. If so much damage has been done in the two years since 2009, just think how much worse things could become in the next three years.

Of course, he made a terrible gaffe when he displayed his true colours spurred on by the red of ego-fuelled rage instead of being calmned under the influence of the cool blue of his party’s colours. Those who surround him – his Ministers, party leaders, official spokespersons, regular loud mouths – now realise the amount of damage that has been done. Bingu’s hero image has been irreparably damaged and their own period of comfortable tenancy in Wadson Bin Deleza’s ‘mipando wonona’ (comfortable chairs) is in danger of termination. The spin begins!

Last night, Monday, the team was in action on Capital Radio’s Straight Talk show. The three most likely candidates were there – Patricia Kaliati whose machine-gun verbal fussilades are familiar to us all, Hetherwick Ntaba whose honeyed mouth can sweeten even the bitterest of pills, and my old friend Nicholas Dausi who was with me some years ago organising street protests against Bakili’s Third Term bid . They were reinforced by the presence of Cabinet Minister Doctor Kanyumba.

And what was the theme from these hired mouths? Damage control - the media had misrepresented the President’s words and intent.

I have lived through Dr. Banda’s despotism and his use of violent repression, enforced party membership, nyakura and detention without trial. I have lived through Bakili’s second term and the violence of his Young Democrats. Commanding the DPP youth to protect and citing these examples cannot be dressed up as anything else but a promise of return to violent oppression.

Say what you will, you party hacks, everyone I have spoken to is in no doubt as to the nature of the threat of physical violence promised by the President. No-one misunderstood his intent. Furthermore, Bingu quite clearly condoned attempts to harm Undule Mwakasungula. What other example is needed when interpreting his intentions.

Mr. President, you cannot demand respect. You have to earn it. Now you have lost it, is it a crime if we despise you?

A President who encourages his people to break the law; who states that he does not respect the law, does not deserve our respect. Such a man is not capable any longer of developing this nation for the benefit of all.

There are four ways to end a Presidency:

1. Resignation – the only honourable way Sec (84)

2. Impeachment by Parliament – a threat that was narrowly averted during Bingu’s first term. Sec 86 (1)

3. Incapacity Sec (87)

4. Overthrow/revolution – un-constitutional!

(1) a voluntary act that, given Bingu’s proven character, is unlikely. (2) and (3) require the full participation of Parliament which, with its present make-up, is equally unlikely. That leaves the illegal route (4) of revolutionary overthrow which I do not advocate but could well condone. Those who feel so secure in their comfortable seats should reflect on how discontent so easily becomes revolt.

Should we have expected something like this? Yes. Bingu’s documented disastrous history as head of the COMESA Secretariat should have been a warning to us all. He was fired from his job there.

The Report of the Special Committee of Eminent Persons on the operations of COMESA, 1992 To-Date (1997) which was presented to the [COMESA] Council of Ministers on March 4th, 1997, at Lusaka in Zambia as a result of which Mutharika was fired as COMESA's Secretary General, in its final paragraph finds:

Recommendations....
....... in view of the management style pursued by the Secretary General, his inability to mould and motivate a dedicated management team, his flagrant and frequent breaches of the provisions of the Treaty, the Staff and Financial Rules and Regulations, his misuse of funds and office and in view of the spite demonstrated to the decisions of the Council and the breach of the conditions of the compulsory leave, the Committee recommends that the services of the Secretary General be terminated forthwith as he lacks vision to take COMESA in the next century.

Many of the character traits which the report highlighted are clearly discernible in the man today. It is highly unlikely that his inability to lead a regional body would turn into an ability to lead Malawi in the 21^st Century. He belongs to another, older and darker era of African leaders.

For those who would like to read in greater detail here are a few links that a kind reader provided me with:

http://www.odi.org.uk/resources/download/3359.pdf
http://thezimbabwean.co.uk/index.php?option=com_content&view=article&id=20950:the-accidental-presidency-of-bingu-wa-mutharika-of-malawi&catid=39&Itemid=30
http://www.africa.upenn.edu/Newsletters/mno28.html
http://chatonda.blogspot.com/
http://findarticles.com/p/articles/mi_qa5391/is_200408/ai_n21355191/

Finally, a reminder of the oath of office. The reader can judge on how many counts the oath has been broken:

“I, Bingu wa Mutharika do solemnly swear that I will well and truly perform the functions of the high office of President of the Republic of Malawi, and that I will preserve and defend the Constitution, and that I will do right to all manner of people according to the laws without fear or favour, affection or ill-will. So help me God.”

PRESIDENT DECLARES WAR ON HIS OWN PEOPLE - 2014 3 YEARS TOO FAR

noreply@blogger.com (Mkamwini) — Sun, 06 Mar 2011 19:34:00 +0000

BINGU IS NOW AN INDICTABLE CRIMINAL - INCITES VIOLENCE AGAINST HIS CRITICS

Read the news at

http://www.nyasatimes.com/politics/malawi-ruler-urges-violence-against-critics.html

Is there something that we didn't know about being Chairman of the African Union? First Gadhafi and now Bingu, the two most recent former chairmen of the grouping. First Ghadafi declares war on his people and now Bingu has publicly discarded the Constitution which he swore solemnly on the Bible to uphold. While Ghadafi is bombing and slaughtering his own dissatisfied people, Bingu has given his blue shirted thugs permission to 'deal' with his 'enemies'. Mr. President, if you didn't have enemies before, you've now got plenty now.

When I started this blog I did so out of a great concern about where Bingu was taking this nation. Some thought I was being a little too strident or outspoken. My democratic antennae are tuned in to the slightest hint of a threat to our hard-won freedoms. They have not let me down. The tingling feeling transmitted to every nerve in my body was caused by presentiments, forebodings of problems to come. The devil has now shown his true colours. No-one should find cause to excuse him. He is EVIL!
If this man continues to the end of his term Malawi will be in ruins.
I call on all my fellow-citizens to resist to the last drop of blood the efforts of this madman to reduce us and generations to come to the status of slaves to his ego and lust for everlasting power.
Let this be a lesson to the young - the majority - never again to vote for an old man or woman.
I was serious some time ago when I said that he will re-open Dzaleka and Mikuyu detention prisons.
Watch this space.

PRESIDENT DECLARES WAR ON HIS OWN PEOPLE.

noreply@blogger.com (Mkamwini) — Sun, 06 Mar 2011 19:24:00 +0000

BINGU IS NOW AN INDICTABLE CRIMINAL - INCITES VIOLENCE AGAINST HIS CRITICS

Read the news at

http://www.nyasatimes.com/politics/malawi-ruler-urges-violence-against-critics.html

Is there something that we didn't know about being Chairman of the African Union? First Gadhafi and now Bingu, the two most recent former Chairmen have now decalred war on their own people. The people of Libya are resisiting and their President is bombing them, slaughtering them. Bingu has given his personal approval as if his word is law for his thugs to attack his critics.

Tatopa ndi DPP!

When I started this blog I did so out of a great cause for concern about the way Bingu was taking this nation. Some thought I was being a little too strident or outspoken. My democratic antennae are tuned in to the slightest hint of a threat to our hard-won freedoms. They have not let me down. The tingling that I was feeling transmitted to every nerve in my body was caused by presentiments, forebodings of problems to come. The devil has now shown his true colours. No-one should find cause to excuse him. He is EVIL!
If this man continues to the end of his term Malawi will be in ruins.
I call on all my fellow-citizens to resist to the last drop of blood the efforts of this madman to reduce us and generations to come to the status of slaves to his ego and lust for everlasting power.
Let this be a lesson to the young - the majority - never again to vote for an old man or woman.
I was serious some time ago when I said that he will re-open Dzaleka and Mikuyu detention prisons.
Watch this space.

MALAWI DECLARES WAR ON NORWAY

noreply@blogger.com (Mkamwini) — Fri, 04 Mar 2011 06:56:00 +0000

I may have missed the announcement of a state of war between Malawi and the Norway. The announcement by Davy Chingwalu, Police Southern Region spokesman, that the Royal Norwegian Embassy had breached the terms of the Geneva Convention by being present at and having funded the apparently ‘subversive’ Freedom March organised for the third year running by Nandzikambe Performing Arts to mark Martyr’s Day, if true, would indicate that we are at war.

According to my Macmillan Enyclopedia the Geneva Conventions are for the protection of non-combatants and wounded troops IN WARTIME. It is not surprising that we have heard no announcement of war apart from this intimation. Our Constitution does not specify how or when we should go to war. It only tells us what we can do in times of war – such as declaring a state of emergency. Obviously the drafters of the Constitution could not envisage a time when Malawi would wish to pick a fight with anyone, let alone its friends!

Are we reacting to a declaration of war by our friends, the people of Norway, on this helpless little land? Or does Chingwalu’s statement broadcast on Capital Radio this morning, 4^th March, indicate that the Police are as ignorant of international law as they are of our own laws? Perhaps it’s our dear ‘Father Leader”, seemingly yet to read the Constitution, who has given himself more power and has indeed told his troops that we are at war with that Nordic nation.

Here’s another strange thing. When a nation goes to war it calls upon the professionals – the Defence Forces – to prosecute the war or come to the defence of the nation. But, in this case, the first line troops, are the usual ‘culprits’ – our totally politicised and compromised Police Force. Thankfully, the Army remains in its barracks.

Nandzikambe Arts went through all the correct procedures. They even arranged and paid for a Police escort. On the eve of the march the Police called to forbid it because of a breach of the Geneva Conventions. According to reports from the organisers, as if to reinforce the talk of war, armed police arrived at the premises to ensure that the enemy forces could not carry out their warlike intentions. There have been no reported casualties in the war to-date – except, that is, the Constitution of Malawi that has been under constant attack for years now by government forces.

Many of us now believe that this government has declared war on its own people, the same people who so trustingly gave Bingu the mandate to govern. When members of society follow legal procedures and even go beyond to satisfy the Police and then find themselves deliberately frustrated by those who should be helping to maintain our freedoms, Government should not be surprised when the people decide to take matters into their own hands and ignore the law which they will correctly perceive as not working for them but acts only as an instrument of oppression..

The Police continue to be the lawbreakers. One of the duties of the Constitution is that the Defence Forces shall “.. uphold and protect the constitutional order in the Republic and assist the civil authorities in the proper exercise of their functions under this Constitution.” When the civil authorities and the Commander in Chief of the Defence Forces (the President) continually rape the Constitution, what will be the duty of these forces when the Police find themselves unable to stem the demonstrations of the populace when they cry:

“ENOUGH IS ENOUGH!”

FROM ‘MALAWI’ TO ‘MHLAKO’?

noreply@blogger.com (Mkamwini) — Thu, 03 Mar 2011 03:49:00 +0000

A new NATIONAL oil company is in the planning stage. Government has advised that it has already registered a company. Alarm bells are ringing in my head.

Our state-owned companies have not exactly shown themselves to be efficient. Why should we consider that a National Oil Company (not sure of the exact name) would be up to its task of purchasing strategic stocks of fuel? The existing state-mandated Oil Importers, a semi-monopoly, is struggling to find the forex to pay cash for fuels and is trying to negotiate 30 day credit terms with its suppliers – this at a time when oil prices are rising rapidly as a result of speculation financed by cheap money created in USA by Quantitative Easing and disruptions or fear of further disruptions of supplies from the Middle East and North Africa caused by the ongoing ‘revolutions’. If we cannot find the forex to keep pace with daily demand by buying in small lots, sufficient for just a few days, what arrangement will be made to finance the purchase of an EXTRA 30 days’ strategic stockpile? Where will the finance come from and who will benefit from any concessionary funds that some generous donor may come up with? Or, if there is a foreign investor, who will be the local partners?

Will the development of the National Oil Company follow the path taken in the establishment of the National Bus Company some 3 years ago?

The Privatisation Commissiont, the government agency tasked with selling state companies, was amazingly given the job of forming a new state company. I questioned the Commission about this apparent change in statutory function and other issues relating to the formation of the company. I was unable to ascertain the full facts but understood that there would to be favourable terms available to assist either in the financing of the business or to facilitate the importation of vehicles/equipment. This was to be a public/private partnership, that is with government shareholding, to promote participation by indigenous Malawians (an unconstitutional provision.).

A consortium of local businessmen made a proposal to the Commission and the MALAWI Bus Company was formed. Government was to have been a shareholder. Strangely enough, Axa Bus Company, already successfully operating a modern and growing business, which had been part of the original consortium found themselves mysteriously removed when the agreement was in its final stages.

Surprisingly, Government dropped out and left the entire company in the hands of the current shareholders, saying that it was no longer necessary for it to continue as a participant.

I sent a reporter to the Privatisation Commission to ascertain the new owners. The printed list given to the reporter was populated by eminent members of the Mhlako* elite. (Sorry Mr. Katsonga, you were born in the wrong district!) One name unusually missing was Mulli. The reporter asked specifically whether Mulli was involved. The question was met with outright denial. The following day I saw in a local newspaper a report of an interview with the new bus company chairman – Mr. Mulli! Here was a state agency facilitating the formation of a company that benefited a very identifiable group. The name MALAWI was no longer appropriate/legal. The company changed its name to NATIONAL.

When our President talks about ‘empowerment’ he is talking, apparently, about a cabinet policy referred to in the Privatisation Commission’s Annual Report of 2008 (I think). The Privatisation Commission, in spite of many written requests, steadfastly refused to divulge to me the details of the cabinet policy which they used in establishing the bus company. It is not hard to discern that this is a Black Economic Empowerment Policy which excludes white-skinned citizens such as me - contrary to our non-discriminatory Constitution. It is becoming increasingly apparent that Government’s idea of Black Economic Empowerment favours a select group of Mhlako luminaries.At least, that is now the common perception.

Notice that almost anything ‘up for grabs’ is regularly ‘grabbed’ by Mulli Group. Check out the acquisitions that the Group has made since Bingu became president. And they continue.

There is no local business that can finance such a rate of acquisition without special favours such as preferential access to finance where potential lenders may feel that they are under some pressure to extend finance when normal banking standards would preclude it. Or, perhaps, where Government has a say in its operations. Is it possible that they are high on the list as favoured local partners for incoming investements? Facilitators.

Watch the development of our new National Oil Company. Note that it starts out with the word NATIONAL and not MALAWI which may indicate that another Public/Private Partnership will be (or has been?) formed. Will this, too, use state facilitated favours to benefit a select group? And will government suddenly pull out?

I asked questions about Muluzi’s wealth when he was in power – he lost Keza after he lost his job. When the present grouping falls from grace, as eventually it will, its downfall could be rapid and disastrous - maybe big enough to bring down one of our banks. The apparent business magic of rapid growth will die a painful death.

Note: *Mhlako – the name used for the President’s Lhomwe tribal grouping.

As a footnote:

The law now allows for the establishment of credit-rating agencies but refuses to licence any of the applicants stating that government must have a 20% shareholding because the nature of the information that they will hold is sensitive and cannot be trusted to a purely privately owned business. That sounds very strange to me. I would not want my information made available to a government shareholder.

Frankly – this STINKS! Is Government using its muscle to get their fiends (meant to say 'friends' but I'll leave it as it is) inside? Let us see how this affair unfolds. Let the businesses under pressure to relent tell us what is really going on behind the scenes.

THINGS ABOUT TO TURN NASTY - THREATS TO HUMAN RIGHTS ACTIVISTS

noreply@blogger.com (Mkamwini) — Thu, 03 Mar 2011 02:48:00 +0000

Press Statement issued by:

THE CIVIL SOCIETY GRAND COALITION FOR THE DEFENSE OF DEMOCRACY AND GOOD GOVERNANCE

C/O P.0 BOX 30316, LILONGWE

28^th February, 2011

NEWS RELEASE ON THREATS TO LEADERS OF CIVIL SOCIETY ORGANISATIONS ADVANCING THE GOVERNANCE AGENDA IN MALAWI

The High Level Civil Society Umbrella Bodies would like to inform the general Public that civil society leaders are receiving open and secret threats for their open criticisms of some of the governance problems in Malawi.

Prominently, there is a threat from the Head of State when he met with civil society leaders where he admonished that if the Civil Society organisations will dare to demonstrate, he will meet them in the streets.

Following the very meeting which the State President had with the civil Society organisations at the state house in Lilongwe, the Leadership of the DPP youth have been monitored on the National Television (MBC-TV) threatening that they will be tempted to deal with civil society leaders if we will continue with our peaceful actions.

Very recently, leaders of civil society organisations have received threats to deal with the civil society leaders.

Our eminent civil society leader and board member of the HRCC was rounded up by the Malawi Police while accessing internet services in the cafe where he was subjected to undignified treatment before being taken to office of the Southern Region Commissioner of police for interrogations.

The Chairperson of the HRCC Mr. Undule Mwakasungula is currently under heavy threats following anonymous telephone calls asking him, his officers and members of his family as to the location of his office and his home for undisclosed reasons.

Other civil society leaders heading the various civil society networks have also received some strange calls from some cabinet ministers who ordinarily have no direct business with the respective civil society organisations in question.

The threats have come in many forms. Some are death threats, others are messages that simply indicate they are being followed or traced and others are indicating that they will dealt with in a variety of ways.

As Civil Society Umbrella Bodies , we would like to inform the general public that we have currently embarked on a programme to raise international alerts of the state of affairs in Malawi.

Consequently we would like to indicate that should any victimisation happen to our leaders in any form, the Civil Society will not hesitate to put the blame on the state and its machinery.

The Civil Society Organisations would like to put on record that the various lobby and advocacy efforts are in no way undermining the government or agitating for an uprising as is the case in the North African States. The Civil Society in Malawi is mindful that the current leadership will constitutionally finish his term of office in 2014 and our watch dog role is actually designed to provide checks and balances necessary to enable him properly run the affairs of the state. This we did when he was running a minority government and we continue to do now as he is running a majority government. Our advocacy entails providing checks and balances where the Government and political machinery is bent at misguiding the State President as they have done with all our previous presidents.

Human Rights Consultative Committee (HRCC)

Malawi Health Equity Network (MHEN)

NGO Gender Coordination Network (NGO GCN)

National Organisation of Nurses and Midwives (NONM)

Civil Society Coalition for Quality Basic Education (CSCQBE)

Council for NGOs in Malawi (CONGOMA)

Malawi Congress of Trade Unions (MCTU)

Civil and Political Space Platform

Malawi Economic Justice Network (MEJN)

ANCIENT ENGLISH LAWS USED TO OPPRESS

noreply@blogger.com (Mkamwini) — Tue, 01 Mar 2011 16:52:00 +0000

WHEN ALL ELSE FAILS USE THESE LAWS -THE POLICE 'BIBLE'

Whenever our Police need to oppress the people and they can't find the requisite offence they fall back on two based on oppressive and outmoded English Laws.
1) Conduct likely to cause a breach of the peace
2) Rogue and vagabond
There are many laws that would appear to be out of line with our Republican Constitution. There are so many of them that the Law Commission does not have the resources to see which can be repealed and which should be retained or amended. In the meantime the Police continue to use these 'useful' catch-all tools. Unfortunately, most of those who are arrested by the Police are unaware of their rights and those who do understand find that they will be burdened with massive legal charges to obtain their freedom or claim damages from the State.
The photograph of me in the hands of the Police that appears on my blog in the right column relates to a peaceful demonstration that was illegally broken up by the Police before it could really begin.
The photo at the head of the blog is not one that people are so familiar with. Here's the story. Large numbers of demonstrators had collected at the Old Town Hall ready to march. I informed the crowd that I was sure that the Police would open fire and release tear gas. My instructions were that they should not run away but just lie flat until the gas cleared. I took the first step and all hell broke loose. Gunshots and tear gas. Following my own advice I lay down and waited for the smoke to drift away. And when I looked up there were only six of us left - Emmie Chanika, Rev. Gunya, Ian Nankhuni, Kamuzu Chibambo, an anonymous Catholic lay brother and me. Everyone else fled only to be attacked by a mob of UDF hooligans (assisted by the Police) hiding in ambush.
In the photo the Police are putting Emmie into the Land Rover, Rev Gunya and Ian Nankhuni were also arrested. The Police then attempted to arrest the three of us who remained. Kamuzu refused saying he was a lawyer and knew his rights. The Catholic brother escaped their attention. Then they tried to arrest me. I demanded to know why I was being arrested. I was told "We'll tell you at the Police Station." to which I replied that I would not go unless I was given the reason there and then. Eventually the policeman lost the struggle - with a gun in one hand and a 98kg man in the other it was too much for him..
Chanika, Gunya and Nankhuni were taken to Blantyre Police where they were charged with - what else - conduct likely to cause a breach of the peace. The truth is, of course, that the Police breached the peace! They were released, bailed on their own surety. The Polcie were happy that they had used (abused) the law to remove leaders from the street. Some ten years later the case has yet to come to court!
The Police continue to rely on these 'elastic' provisions as tools. Unfortunately, they get away with it. But it does not enhance their reputation as a SERVICE.
For those of you who would like to look into the matter further read on. I have not attempted to paraphrase. Full links are give for deeper reading:

Arrest at Common Law for Breach of the Peace

A breach of the peace is not in itself a criminal offence, but the police and any other person have a power of arrest where there are reasonable grounds for believing a breach of the peace is taking place or is imminent. The Court of Appeal defined a breach of the peace as being ‘an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done’ – see R v Howell. This power of arrest will, of course, be closely scrutinised in connection with Article 5 (the right to liberty and security), Article 10 (the right to freedom of expression) and Article 11 (the right to freedom of assembly and association).

Vagrancy Laws

Vagrants Laws

Are you an “idle and disorderly person”, “rogue or vagabond”, or “incorrigible rogue”? If so, the Poor Laws passed from the late sixteenth century were there to make sure you were punished or controlled. If you fell on hard times in a strange place you could be imprisoned then sent back to your place of settlement, after having to explain to the local authorities how you came to be there.

http://www.ancestryaid.co.uk/boards/history-board/8293-vagrancy-laws.html

A vagabond or “drifter” is an itinerant person. The word is derived from the Latin adjective vagabundus, “inclined to wander”, from the verb vagor, “wander”. It does not denote a member of a nomadic people, but rather an individual who follows a wandering lifestyle within a sedentary society. Such people may be called drifters, tramps, or rogues. A vagabond is characterized by almost continuous travelling, lacking a fixed home, temporary abode, or permanent residence. Vagabonds are not bums, as bums are not known for travelling, preferring to stay in one location.^[1]
In the law of England, the Vagrancy Act 1824 provides that “every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, [...] and not giving a good account of himself or herself [...] shall be deemed a rogue and vagabond,” and may be imprisoned for up to three months on conviction by a magistrate.^[2] This act is still in force, though extensively amended by subsequent legislation. The expression nevertheless goes much further back in English law: following the Peasants' Revolt, constables were authorised under a 1383 statute^{[citation needed]} to apprehend vagabonds and force them to show their means of support; if they could not, they were jailed.^[3]

http://en.wikipedia.org/wiki/Vagabond_%28person%29

VAGRANCY

Vagrancy is the state of homelessness, vagabondage. Formerly, in English law the term was applied to various classes of idle and disorderly persons. The principal Act in this connexion was the Vagrancy Act, 1824, extended in certain directions by Vagrancy Acts of 1838, 1873, and 1878, and further amended by the Casual Poor Act, 1882, and the Criminal Law Amendment Act, 1912.
Three classes of vagrants were recognized by the law: (1) Idle and disorderly persons ; (2) rogues and vagabonds ; (3) incorrigible rogues. The sentence on conviction varied from one month for the first class, to one year's imprisonment for the third.
cy

http://www.probertencyclopaedia.com/A_VAGRANCY.HTM

This is the section for disorderly conduct in Pennsylvania.

5503. Disorderly conduct. (From an American Police Website)

(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1)engages in fighting or threatening, or in violent or tumultuous behavior;
(2)makes unreasonable noise;
(3)uses obscene language, or makes an obscene gesture; or
(4)creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

http://www.realpolice.net/forums/ask-cop-112/46162-idle-disorderly.html

Absurd Vagrancy Act must go

Young Bailey, June 3rd 2005

In England, in the 18th and 19th centuries, the Houses of Parliament passed four acts to "cope" specifically with the issue of "vagrancy" - in 1824, 1838, 1898 and 1935. All of these acts of parliament have now, sensibly, been repealed. That is, apart from the oldest one. It is 2005 and in England, legislation that is almost 200 years old and unbearably connected to the prejudices and misconceptions of a previous age, is alive and well: the Vagrancy Act 1824. The 1824 legislation would almost be poetic if it were not so absurd. Its purpose is to "punish idle and disorderly persons, and rogues and vagabonds". Those people who "beg in a public place", who "refuse to maintain themselves", are deemed to be idle and disorderly. To be "idle and disorderly" is a criminal offence and could result in a fine. Individuals who have already been castigated as "idle and disorderly" and then go on to "wander abroad", "lodge in the open air, or under a tent" or "endeavour to expose their wounds or deformities to gather alms", are incorrigible rogues and vagabonds, of course. However, if a person can "give a good account of himself or herself" then all may be forgiven, but failure to do so could mean, in 2005, a three-month prison sentence. More important than a possible prison sentence under this law, perhaps, is that within English law, an "idle and disorderly person" can be branded a criminal. I am often idle and frequently disorderly and I quite enjoy lodging under a tent. Only very rarely can I give a good account of myself. Under our law, I think that makes me a criminal

http://www.thepavement.org.uk/story.php?story=459

The next link is a facsimile of the original English Vagrancy law. Be warned - it is about 400 kb and will not suit a slow connection.

http://www.legislation.gov.uk/ukpga/1824/83/pdfs/ukpga_18240083_en.pdf

ARE ALL IDLE MALAWIANS ROGUES AND VAGABONDS

noreply@blogger.com (Mkamwini) — Tue, 01 Mar 2011 09:16:00 +0000

POLICE SWEEP THE STREETS OF BLANTYRE
Reports are coming in that the Police have swept the streets of Blantyre of all Idle and Disorderly persons. I do not have the exact wording of the law in front of me as I write but my memory tells me that an idle person is one who has no visible means of support. I guess that someone who is hanging around town apparently with nothing to do and with no visible means of support will have regular places of abode and a ready explanation as to how he supports himself. That does not mean that he has to be in paid employment in a country where a significant percentage of people are either in the informal sector or sustain themselves by semi-subsistance agriculture. Many millions in Malawi are forced by circumstances to move around on foot without even a tambala in their pockets. They are POOR. There are many just hanging around looking for an opportunity for a little 'ganyu' (task work) or are actively seeking employment. Poverty and unemployment are not yet criminal offences in Malawi.
Like 'Behaviour likely to cause a breach of the peace', the 'Rogue and Vagabond' charge is one that is regularly abused by the Police who, in the belief that they should be seen to be doing something, round up people at night including prostitutes who quite clearly do have some visible means of support.
We have millions of unemployed school-leavers who have nothing to do all day but hang around with their friends. There are very little outlets for their energies. There is not much hope in many of them that they will ever find a decent paying job. Towns are places where things are moving; where there is more of interest than in the back alleys of an informal township. Towns naturally attract the idle. There's always something happening that can keep the idle entertained for free.
THE EMPLOYED, THE INDIGENT, THE POOR - all Malawians have every right to be on the streets of our cities, day or night. But just see how the Police treat a group of youths walking through the town at night. And, as long as these people behave themselves, there is no reason for the Police to harrass them.
It is unfortunate that the Police paint a picture of these peope as mbava (criminals) demanding of them an explanation.At night the town belongs only to the rich who can afford to visit by car.No nightime 'window shopping' that is the norm for most cities throughout the world.
No doubt among the crowds of the idle there are numerous crooks. But the Police have to do their job properly and observe and trap those that theys suspect. Fishing with a big net is not the right thing to do. A hook withe tempting bait is what should be used. An effective Police force should be able to rid the streets of the crooks without enadangering the freedoms of the innocent.
There was a reprot on Facebook today that a poor woman selling bananas with her child strapped to her back was swept up an taken away. The City has the responsibility for keeping vendors off the street. To do so they must be consistent and constant. Our authorities should note that a frustrated street vendor in Tunis set himself on fire in protest at the way the authorities handled him. This small spark set off wildfires in most of the undemocratic and oppressive states in North Africa and the Middel east.
I was not aware of what was going on when I saw Police and the public in some sort of altercation opposite the MSB Bank where for years I have seen a group of apparently idle persons who seem to clock on and clock off duty with the regularity of the hourly paid worker. I regularly exchange banter with them - we are all people of the Blantyre streets. I have often wondered what they do. Why pick them up now? I have often suspected that they are involved in businesses that may not be strictly legal. I woud have thought that in all the years that they have been 'operating' from their office on the streets, the Pollice should have ascertained whether they are actually criminally active or not - and act accordingly. They should not rely on a catch-all and irrelevant law - a throwback to a British law that was designed, I guess, to oppress the poor.
Police propoganda, however, appears to be working. It is working because they do not tell the whole truth. On a phone-in programme on Capital Radio last night the majority of those who phoned insupported the Police action. Unfortunately, this reaction merely reinforces teh impression amongst the general public that the Police have unlimited powers.
Malova (unemployed - 'loafers') will be with us until the economy can be moulded by our Economic Engineer to provide employment or opportunities for the unemployed.

INTERNET CENSORSHIP - NOW I'M ALMOST SURE

noreply@blogger.com (Mkamwini) — Tue, 01 Mar 2011 08:02:00 +0000

Internet users in Malawi can no longer access this blog! If yo are reading this then you are probably somewhere else in the world. Has Malawi now joined China, Pakistan, India and other countries around the wrold where freedom of speech is considered a threat to the regime? Whast does that tell us about Bingu and his crew of sycophantic cronies.
After several days of is it or isn't it censorship I am now almost sure that it is. And while I can't access my blog via its URL I can access it to edit and post - so the blog carries on and we'll have to find a way to get around this apparent censorship so that the many Malawians who share my concern at currrent developments in Malawi will be able to freely read my blogs again.
So - keep reading, wherever you are.
And try to do something to advance freedoms in this world.

INTERNET CENSORSHIP - CORRECTION/APOLOGY - BUT !!!

noreply@blogger.com (Mkamwini) — Mon, 28 Feb 2011 15:52:00 +0000

AN APOLOGY (SORT OF)
Unlike the Inspector general of Police I am not too proud to apologise when I have made a mistake. So to Airtel and the Malawi Government spy department, I apologise if I got it wrong. Shortly after I posted the blog one reader, Seth Miller, whose comment appears below, gave me details of similar problems which Airtel sorted out for him. Everything is up and running again so perhaps a technical hitch.
SPYING ON YOUR OWN PEOPLE
I am not normally paranoid about security issues as regular readers of the blog may have already discerned. However, in light of the recent boast by one of our Ministers that the Government had invested in equipment to track and identify 'seditious' internet material from within Malawi, I hope that I will be forgiven for making the connect between a big "403 FORBIDDEN" and the installation of such equipment.
As for spying on your own people - which Hetherwick Ntaba, special bigmouth to the President admitted - I had my say in a short interview aired by Capital Radio last week - damning the practice.
Successive governments in Malawi - no exceptions - have spent more time and effort in spying on their own people who they suspect of being unsympathetic to the 'government of the day', in reality the President and the 'ruling' party, than on the identification of real threats to the nation from external and internal sources. I do, of course, admit the necessity of identifying credible threats to the incumbent president or key personnel.
What successive governments fail to appreciate is that it MUST be the GOVERNMENT OF THE DAY or the PRESIDENT OF THE DAY that become the subjects of criticism or adverse comment because they and not the opposition are the ones who make and implement the policies that we may not particulalrly agree with, especially like now when the economy is in tatters at the hands of a so-called Economic Engineer who is completely intolerant of any hint of criticism and is intent on robbing us of our hard-won rights.

IS GOVERNMENT BLOCKING MY BLOGS?

noreply@blogger.com (Mkamwini) — Mon, 28 Feb 2011 03:17:00 +0000

AIRTEL'S WEBMASTER DENYING ACCESS TO MY BLOG SITES

I have been highly critical of Bingu and his Government. For about a week I have been seeing occasional '403 Forbidden' messages when I have been using the Airtel GPRS Internet service. As of late this morning I have been unable to access any of my sites.
Fortunately, I am still able to use other means oc access. However, if my suspicions are true, this censorship is a grave breach of my constitutional rights to privacy and to freely broadcast my opinions.
Airtel must give us an explanation.
When Governments shut down the Internet you know that things are really getting bad. This is one of the first hints of truly oppressive intentions.
It is true, then, that the Government has installed equipment to monitor us. But why does Airtel act as a Government agent?
A luta continua.

NO, MR. PRESIDENT – I AM NOT YOUR CHILD

noreply@blogger.com (Mkamwini) — Mon, 28 Feb 2011 01:32:00 +0000

You said we are your children. Let’s get the relationship straight. You are my employee. We do not need a father. We need a President who will do what we employed him to do and that is to carry out his programme of development and governance in line with the promises he made when we elected him and in accordance with the Constitution which you swore to uphold – a Constitution which you appear not to have read. Either that or you swore a false oath contrary to the religion which you profess to follow.

I do not need to be told like a naughty child that you will fight me on the streets. When did we ever see you on the streets? Where were you when we were fighting Muluzi’s Policemen on the streets to prevent him from becoming President for Life? We were part of the active civil society that cleared the way for you to become President.

We are not here to be spied on like enemies of the State. We may not be for you any longer but we are definitely for our poor country which you and your cronies are bringing to ruin. When things were showing signs of improvement you asked us to judge you by the work of your hands but when things are going bad those same hands appear to be helpless. When we start asking awkward questions you want to crack down on us; to use the Police to intimidate academics; to muzzle the press; to intercept private correspondence; to hamstring the courts.

We do not need to see our money wasted on glorifying you or your family. We do not want to see you employing your wife when we already have an internationally respected Vice President active in the field at no extra cost to the taxpayer. Birthday parties, funerals, engagements, weddings – these belong to your family. Let those who want to curry favour with you pay for them. And then let the ACB check on where those relationships lead. We should not have to wait until you are out of office to find out.

Strange, really! Some of those big boys who are to be seen hanging around you were also hanging around Bakili. When you first came into office and threatened to crack down on corruption, they left the country. They were not seen around for a number of years until they realised that things had not really changed. There they are again – enriching themselves at our expense and, who knows, perhaps enriching you in the process. You certainly seem to be much richer in office than you were before. Perhaps you would care to tell us where all the money is coming from. Can we have a conducted tour of Ndata?

And we do not want to see massive amounts of money for State House expenditure – discretionary, unaudited expense. And all this money for the Green Belt Initiative - is some of it going to be wasted on the dam at Kapachira? (Another Nsanje Port style white elephant in the making) How many of the inhabitants of the Shire Valley are going to be thrown off their land to make way for commercial agriculture?

Mr. President. Call the American Ambassador over for a chat. Ask him just what the American Government spends on its first family’s personal affairs. Pangali. Palibe. Na ghamu. Nkawa. Palije. Zilch. Nada.

We are not related. We should not see any state monies or resources wasted on your domestic affairs. You should be made to reimburse the State for all of this ego-boosting nonsense. Oh – but I forgot! On the birthday front you did not want to be outshone by your hero, Mlamu Bob, who had five birthday cakes the same week. While Mugabe said that he had the brain of a young man he obviously did not have the lungs. He took a heck of a long time to blow out the candles – and I do not think there was the full 80 plus complement. I hope, Mr. President, that your lungs have the puff to carry you through the coming struggle that you seem to invite. A struggle that would, if you were to win, give you primacy over the Constitution. A struggle that could be the end of Malawi in which the citizenry matters or has a say.

The people of Malawi do not want to fight with their President. But you should take note of what people driven to desperation will do. Ben Ali, Mubarak – out. Brother Leader shaky. Others not feeling too secure.

Better to listen now before the people are driven to desperation.

REGIME CHANGE IN MALAWI? DREAM ON!

noreply@blogger.com (Mkamwini) — Wed, 23 Feb 2011 05:45:00 +0000

Lessons for Malawi from North Africa

More and more Malawians believe that our man in Malawi and his praise singers have lost the plot. Everything, once again, revolves around the person of the President and the maintenance of crony privilege. Forex shortages, fuel shortages and official obscuration of the truth give the impression that the economy is no longer in the safe hands that we so trustingly voted for in 2009. We rightly wonder whether anything can change before the much awaited 2014 general elections – assuming, that is, that we will have an Electoral Commission by then. Given recent developments that looks increasingly less likely. But, if things do not change our economy will soon be in tatters.

Current events in North Africa, where corrupt and despotic leaders and regimes are beginning to crumble, have set many people dreaming of regime change here in Malawi. Those who believe that this scenario could be replicated in Malawi should take a reality check. The US-based Intelligence organisation, Stratfor, in its weekly Geopolitical Weekly report entitled Revolution and the Muslim World, places current events in a historical perspective relating to other revolutionary periods in history makes a number of perceptive observations on the nature of revolutionary change.

The key principle that appears to be driving the risings is a feeling that the regimes, or a group of individuals within the regimes, has deprived the public of political and, more important, economic rights — in short, that they enriched themselves beyond what good taste permitted. …. Any regime dominated by a small group of people over time will see that group use their position to enrich themselves. ….. avarice emerges along with the arrogance of extended power ….. And we can add to this that they are people who were planning to maintain family power and money by installing sons as their political heirs.

In any event, the real issue is whether these revolutions will succeed in replacing existing regimes. Let’s consider the process of revolution for the moment, beginning by distinguishing a demonstration from an uprising. A demonstration is merely the massing of people making speeches. This can unsettle the regime and set the stage for more serious events, but by itself, it is not significant. Unless the demonstrations are large enough to paralyze a city, they are symbolic events. There have been many demonstrations in the Muslim world that have led nowhere; consider Iran.

It is interesting here to note that the young frequently dominate revolutions like 1848, 1969 and 1989 at first. This is normal. Adults with families and maturity rarely go out on the streets to face guns and tanks. It takes young people to have the courage or lack of judgment to risk their lives in what might be a hopeless cause. However, to succeed, it is vital that at some point other classes of society join them.

A revolution only of the young .. rarely succeeds. A revolution requires a broader base than that, and it must go beyond demonstrations. The moment it goes beyond the demonstration is when it confronts troops and police. If the demonstrators disperse, there is no revolution. If they confront the troops and police, and if they carry on even after they are fired on, then you are in a revolutionary phase. Thus, pictures of peaceful demonstrators are not nearly as significant as the media will have you believe, but pictures of demonstrators continuing to hold their ground after being fired on is very significant.

This leads to the key event in the revolution. The revolutionaries cannot defeat armed men. But if those armed men, in whole or part, come over to the revolutionary side, victory is possible. And this is the key event. In Bahrain, the troops fired on demonstrators and killed some. The demonstrators dispersed and then were allowed to demonstrate — with memories of the gunfire fresh. This was a revolution contained. In Egypt, the military and police opposed each other and the military sided with the demonstrators for complex reasons obviously. Personnel change, if not regime change, was inevitable. In Libya the army has split wide open.

It is this act, the military and police coming over to the side of the demonstrators, that makes or breaks a revolution.

Let us hope that the current regime in Malawi does not, by its stubbornness, drive the nation to such desperation. Do I detect a change? Recently, the Police in Zomba acted correctly by facilitating the demonstrations. The President has issued an invitation to human rights NGOs to meet with him. Unfortunately, he has not divulged his agenda and, without an agenda, a number of NGOs have expressed unwillingness to attend. Country-wide demonstrations are planned for next week. This will be a crucial test of the Government’s change of mind or a change of heart within the Police Service.

All we need now is a President who respects the Constitution and a Government that will repeal all of the recent changes to the law that have been aimed at undermining our constitutional rights.

What else do we need?

A truly independent Electoral Commission

Unbiased national TV/Radio

The issuance of new licences for would-be TV and radio broadcasters

A depoliticised Police Service

AND SOON - BEFORE FRUSTRATION TURNS INTO VIOLENCE!