PUBLIC NOTICE: Challenging Eligibility of Candidates for the 2014 Tripartite Elections

BACKGROUND

The Malawi Electoral Commission received nomination papers from candidates for the May 20, 2014 Presidential, Parliamentary and
Local Government Elections from 10 to 14th February, 2014.


For one to be duly nominated to contest in elections, the law provides that he or she should;


a) Have attained the age of 21 years in case of Local Government and Parliamentary Elections and 35 years or age in case of Presidential Election


b) Should be a Malawi citizen


Notwithstanding the above, no one is eligible to be nominated to contest in Presidential, Parliamentary or Local Government Elections,if the person:


a) Has been adjudged or declared to be of unsound mind;


b) Is an undischarged bankrupt having been declared under a law of the Republic;


c) Has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude;


d) Owes allegiance to a foreign country;


e) Holds, or acts, in any public office or appointment, except where this Constitution provided that a person shall not be
disqualified from standing for election solely on account of holding that office or appointment or where that person resigns
from that office in order to stand;


f) Is a serving member of the Defence Force or Malawi Police Service; or


g) Has within the last seven years, been convicted by a competent court of any violation of any law relating to election
of the President or election of the Members of Parliament.



CHALLENGING ELIGIBILITY
The Malawi Electoral Commission is urging the public to inform it if they are aware of any candidate who has submitted nomination
papers but is not meeting the criteria above for him or her to contest in an election.


The information will be treated with confidence and should be submitted in writing stating name of candidate, the ward or
constituency being vied for and specific criterion not met. The information should be sent before Friday, February 28, 2014 to the following address:


The Chief Elections Officer,
Malawi Electoral Commission,
Chisankho House,
Private Bag 113,
Blantyre
or email ceo@mec.org.mw


Signed this 22nd day of February, 2014

Willie Kalonga
Chief Elections Officer

MALAWI ELECTORAL COMMISSION'S LIST OF NOMINATED PRESIDENTIAL CANDIDATES IN THE MAY 20, 2014 PRESIDENTIAL ELECTION

WHEREAS the Malawi Electoral Commission ‘hereinafter called the Commission’ received nomination papers from
aspiring Presidential candidates at the Chichiri International Conference Centre (COMESA) Hall in Blantyre from 10
th to 14th February, 2014;


WHEREAS the Commission analysed all the nomination papers of all the Presidential candidates;


WHEREAS the Commission took cognizance of the qualifications and disqualifications of a Presidential candidate in accordance with the following:

Malawi Constitution Section 80(3): Every presidential candidate shall declare who shall be his or her First Vice President if he or she is elected at the time of his or her nomination.


Section 80 (6): Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified
for nomination for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-
President if that person:


a) Is a citizen of Malawi by birth or descent; and

b) Has attained the age of thirty-five years.


Section 80(7): No person shall be eligible for nomination as a candidate for election as President or First Vice-President or
for appointment as First Vice –president or Second Vice-President if that person-a) Has been adjudged or declared to be of unsound mind;


b) Is an undischarged bankrupt having been declared under a law of the Republic;


c) Has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude;


d) Owes allegiance to a foreign country;


e) Is a holder of a public office or a Member of Parliament, unless that person first resigns;


f) Is a serving member of the Defence Force or Malawi Police Service; or


g) Has within the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of the members of Parliament.



Parliamentary and Presidential Elections Act Section 49(1): The nomination of a candidate for election to the office of President shall be made by at least ten registered voters in each district each of whom shall sign the nomination paper in the prescribed form which-

a) The candidate or his election representative shall lodge with the Commission;


b) Shall be countersigned by the candidate, endorsing thereby his acceptance of the nomination;


Section 50(1): At the same time as nomination papers are lodged by or on behalf of a candidate for election as President, there shall be deposited with the Commission by or on behalf of the person nominated, such sum as may be fixed by the Commission.


IN PURSUANCE of Section 51 of the Parliamentary and Presidential Elections Act (Cap. 2:01) of the Laws of Malawi;


DO HEREBY DECLARE and MAKE KNOWN that the Presidential candidates in the Schedule have been duly nominated to contest the 20th May, 2014 Presidential Elections in the Republic of Malawi.


Should there be any person aware of the facts contrary to the provisions above in respect of any candidate, let them
write the Commission, within seven days of the publication of this notice, providing evidence on the same to the following
address:


The Chief Elections Officer,
Malawi Electoral Commission,
Chisankho House,
Private Bag 113,
Blantyre
or email ceo@mec.org.mw

Made this 19th day of February, 2014.


Justice Maxon Raphael Mbendera, SC
CHAIRPERSON



NAMES OF VALIDLY NOMINATED PRESIDENTIAL CANDIDATES WERE:

1. People’s Party (PP, Dr Joyce Hilda Banda (Female) and Sosten Alfred Gwengwe (Male)


2. Malawi Congress Party (MCP), Dr. Lazarus McCarthy Chakwera (male) and Richard Msowoya (male)


3. People’s Transformation Party (PETRA), Kamuzu Walter Chibambo (male) and White Millen Scander (male)


4. New Labour Party (NLP), Friday Anderson Jumbe (male) and Joseph Petro Kubwalo (male)


5.Chipani Cha Pfuko (CCP), Aaron Davies Chester Katsonga (male) and Godfrey Matenganya (male)


6. Peoples Progressive Movement (PPM), Mark Katsonga Phiri (male) and Prof Jacob Fojamuheni Crossan Mbunge (male)


7. United Democratic Front (UDF), Atupele Muluzi (male) and Dr. Godfrey Moses Chapola (male)


8.Democratic Progressive Party (DPP), Prof. Peter Mutharika (male) Saulos Klaus Chilima (male)


9. Malawi Forum for Unity and Development (MAFUNDE, George Nnesa (male) and Sylvester Chabuka (male)


10. National Salvation Front (NASAF), James Mbowe Nyondo (male) and Ethel Peter Changa (female)


11.United Independence Party (UIP), Abusa Helen Singh (female) and Chrissy Ndhliwase Tembo (female)

CfSC January Urban Basic Needs Basket : Soaring fuel prices undermining living conditions

The Centre for Social Concern (CfSC) is alarmed by the rate at which fuel prices are increasing in Malawi and the apparent lack of policy intervention to cushion the poor households from the likely adverse effects of such price volatilities.


It is an established tenet that the rise in the pump price of fuel results in an increase in the general cost of living. According to the International Monetary Fund (IMF, 2008), “Rising food and fuel prices both have adverse effects on poverty; however, for the direct poverty impact, the main concerns typically relate to the higher cost of food especially for the urban poor”.


While the risks of increased food insecurity may be more pronounced in urban areas, where people rely exclusively on markets; they are of particular significance in rural areas, too, where in the case of Malawi about 80 percent of the population reside and where a large percentage of poor rural households are net-buyers of food.



Poor consumers are negatively affected by high and volatile prices which also affect producers and other value chain stakeholders. In Malawi, smallholder producers have not benefited from high prices because output price increases are rarely transmitted to the farm level, while increases in input prices are passed on fully and quickly.


It is already evident that many smallholder farmers, who constitute the large majority of Malawi’s agricultural producers, are unable to respond to food price hikes with increased production due to a lack of access to financing facilities, agricultural inputs and markets. As a result, they find themselves struggling in their effort to feed their families.


Worse still, most poor urban consumers do not produce food, so increased food prices reduce their initial real income. For the urban poor who spend a large share of their income on food, shifting to less nutritious food or reducing food intake could be the main coping mechanisms. As a result of lower calorie intake and reduced consumption of vitamins and minerals, undernourishment and micronutrient deficiencies increase.



Intake of less food over a longer period can cause permanent reductions in a child’s health and nutritional well-being. Higher food prices may also reduce spending on non-food items such as education and health (FAO/SOFI, 2012). There is also the risk that in the face of sustained high prices and lack of measures to assist these vulnerable populations, there will be an irreversible impact on human development, particularly for women and children.



Thus, it is evident that the increasing prices for fuel and food products present a difficult policy challenge for Malawi government and does merit policy redress. CfSC believes that addressing the issue of volatile and high oil prices calls for a holistic approach; both the short- and long-term dimensions of the likely economic and social impacts must be addressed.



In this regard, the short-term considerations include how to manage the immediate impact of higher oil prices. CfSC is aware that fuel in Malawi is saddled with a number of levies. Reducing these levies can lead to domestic fuel prices increasing by less than world prices. With the revelations of massive plunder of public resources that goes on in Malawi, CfSC is convinced that the loss in terms of potential tax revenues which such a measure would bring about can easily be recouped by bolstering the public resource management. Governments can adjust the mix of ad-valorem and specific taxes to mitigate the impact of increasing world prices.



One of the bottlenecks in the fuel supply chain in Malawi emanates from limited stocking facilities for fuel products. CfSC commends the Malawi Government for thinking of rehabilitating fuel storage facilities at Chipoka in Salima and in Mchinji. CfSC further calls on Malawi government to increase the capacity of storage facilities by constructing more and stocking them up appropriately.



CfSC is cognizant of the challenges that ESCOM faces in generating and supplying electricity. The crucial role that ESCOM plays in the economy cannot be overemphasized. Further, CfSC recommends the utility ESCOM’s initiatives, such as the introduction of prepaid meters that aim at improving service delivery and enhancing transparency in the manner customers are charged. The recent increase in power generation is also a step in the right direction.



Having said that CfSC is of the view that attention must be paid to a broad range of consequences on the economy as a whole when considering tariffs. Above all, tariff charges must be equitable and just. In view of this, CfSC recommends that ESCOM proposes tariffs rates, especially for residences, which are not out of reach for most Malawians and ones that will not adversely raise the cost of living. The current ESCOM electricity tariffs are outrageously expensive and not in tune with the prevalent income of most Malawians.


For example, the recent study titled “Kunyumbakutu Lero Tagona Ndi Njala! Malawi Employment Act (2000) Monitoring and Salary Survey” (CfSC, 2014) reveals the prevailing incomes for most employed Malawians – most of which fall below the urban basic needs basket. Taking into account all respondents, on average, an employed respondent within the categories interviewed was taking home MK44, 000 as a monthly take home wage.


This ranged from a low of MK3, 000 to a high of MK380, 000. Compared to the recent cost of living data, the average income for most of employed Malawians is way below the basic needs basket.

The Anti-Corruption Bureau Arrests Two Businessmen in Lilongwe

PRESS RELEASE









FOR IMMEDIATE RELEASE






On 10th February, 2014 the Anti-Corruption Bureau arrested Mr. Allan Harrison Magombo, Managing Director of Down Stairs Building Contractors in relation to the ongoing cash gate investigations. It is suspected that Mr. Allan Harrison Magombo obtained K32, 475,126 .00 from Ministry of Irrigation and Water Development for services which were not rendered to Malawi Government.





He was taken before the Lilongwe Magistrate’s Court. He was charged with one count of conspiracy to commit an offence contrary to Section 35 of the Corrupt Practices Act and two counts of theft contrary to Section 278 of the Penal Code.





He pleaded not guilty to all the counts. He was granted bail on the following conditions:




1. Accused to produce cash bond of MK 2,000,000.00




2. Accused to produce two reliable sureties each bonded MK 500,000.00 cash




3. Accused to surrender his travel documents to ACB




4. Accused to report at ACB every Mondays







On 12th February, 2014, the Anti-Corruption Bureau arrested Mr. Albert Phillip Mwenibabu sole Proprietor of Mweni Civil Engineering in relation to the ongoing cash gate investigations. It is suspected that Mr. Albert Phillip Mwenibabu obtained K39, 183, 997.26 from Ministry of Irrigation and Water Development for services which were not rendered to Malawi Government.




He was taken before the Lilongwe Magistrate’s Court. He was charged with one count of theft contrary to Section 278 of the Penal Code and two counts of money laundering contrary to Section 35 (1) (c) of the Money Laundering, Proceeds of Serious Crimes and Terrorist Financing Act.




He pleaded not guilty to all the counts. He was granted bail on the following conditions:



1.The accused to surrender a cash bond of MK1,000,000.00 to the Court

2.The accused to furnish two sureties bonded at MK500,000.00 not cash each

3.The accused to be reporting at the ACB Offices once a week

4.The accused to surrender a travel document to the Bureau

5.Accused to report at ACB every Mondays







The suspect has not yet paid the money. He is in police custody.




The matters have been adjourned to 24th and 26th February, 2014, respectively, from 9:00 am.



















EGRITA M. NDALA




SENIOR PUBLIC RELATIONS OFFICER




FOR: DIRECTOR GENERAL

FOR IMMEDIATE RELEASE: 14 FEBRUARY 2014 FORENSIC AUDIT STATEMENT FROM THE BRITISH HIGH COMMISSIONER MR. MICHAEL NEVIN

Press Release


“We have noted some comments raising concerns about the credibility of the forensic audit report because it has not been made public on 14 February. The British Government is funding the forensic audit and has been kept informed of progress.


While a draft is complete, there are certain finalising procedures that the auditors need to go through as standard practice. The Government of Malawi has given assurances that the report will be independent and not subject to political manipulation. We welcome that commitment.


s will need to be kept confidential because of the prospect of legal action, the Government of Malawi has promised to publish the main report as received in its final form, which we support. Additionally, as an extra surety, the British Government will also receive copies direct from the auditors.


The focus should then be on the necessary actions that the authorities will need to take in response to the report.”

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AFRICAN PARKS SAYS: PRESIDENT IDRISS DEBY OF CHAD COMMITS TO DESTROYING IVORY STOCKPILE AMONGST RANGE OF ELEPHANT PROTECTION MEASURES

Press Release 14 February 2014





The President of the Republic of Chad, His Excellency Idriss Déby Itno, has announced the imminent destruction of his country’s ivory stockpile, amongst a range of elephant protection measures to be implemented as Chad takes the lead in the fight to protect Central Africa’s savannah elephants.



Next week President Déby Itno will lead his cabinet to Zakouma National Park for the burning of over 1.2 tons of ivory that have been stockpiled in Chad over the past five years. The ivory burn signifies Chad’s firm commitment to combatting the elephant poaching that has decimated the region’s once thriving elephant population. Fifty years ago the Republic of Chad was teeming with 50 000 elephants; today the population is estimated to be around 1 500.



President Déby yesterday pledged support for a new Elephant Protection Initiative at the UK Government’s London Summit on the Illegal Wildlife Trade and confirmed a range of measures aimed at protecting his country’s elephants. Heads of State from Chad, Botswana, Ethiopia, Gabon and Tanzania all pledged support for the Elephant Protection Initiative, which means they will refrain from any trade in ivory products for a minimum of ten years. The NGO Stop Ivory announced it will make an initial $2 million available to support this pledge.



President Déby said Chad had initiated a National Elephant Protection Plan, which included the destruction of ivory stockpiles and the establishment of a National Elephant Monitoring Centre to track and respond to threats to the country’s elephants. The monitoring centre has already been established and is being managed by African Parks under the auspices of the Chadian Ministry of Environment. African Parks has managed the country’s flagship protected area, Zakouma National Park, since late 2010 and is helping to develop Chad’s elephant protection plan. African Parks successfully halted the killing of elephants in Zakouma after a poaching onslaught between 2006 and 2010 slashed elephant numbers in the park from 4000 to just 450. Not a single elephant has been lost to poaching in Zakouma over the past two years.



The Chadian Government requested African Parks to undertake a survey of Chad’s remaining elephant populations in 2013 and eight free ranging populations were identified outside of Zakouma. Individuals in each of the eight herds have been satellite collared and the signals relayed real-time to the national control centre, which is manned 24 hours a day. A national unit of 350 guards is currently being trained and will be deployed to counteract specific threats to the country’s elephants. A national toll-free number has been set up to enable communities to report threats to elephants, even in remote rural areas.




The burning of Chad’s ivory stockpile on 21 February will form part of Zakouma National Park’s 50th anniversary event, which will include a commemoration and the unveiling of a monument to the 23 guards slain on duty at Zakouma since 1998. This includes the six game guards who were massacred by Sudanese poachers in September 2012.

STATEMENT BY HER EXCELLENCY DR. JOYCE BANDA THE PRESIDENT OF THE REPUBLIC OF MALAWI AND PRESIDENTIAL CANDIDATE OF THE PEOPLE’S PARTY DURING THE PRESENTATION OF NOMINATION PAPERS TO THE MALAWI ELECTORAL COMMISSION AT COMESA HALL, BLANTYRE ON FRIDAY, 14TH FEBRUARY, 2014

Your Excellency Chief Justice Richard Banda, SC (Retired);

Hon. Sostein Gwengwe, Running mate to President Dr. Joyce Banda and Minister of
Industry and Trade;

Justice Maxon Mbendera, SC, Chairperson, Malawi Electoral Commission;

And all Commissioners here present;

Mr. Willie Kalonga, Chief Elections Officer; Malawi Electoral Commission;

Hon. Paul Maulidi, Acting Secretary General, People’s Party;

Distinguished Ladies and Gentlemen.



Today I present myself and my running mate, Hon. Sostein Gwengwe, before the people of Malawi as our employers to seek our own full term and mandate to lead this country.


Today, I do this with great joy knowing that our country is much better now than when I took over two years ago.


Our people are no longer desperate for foreign exchange, fuel and other social services. Our economy is posed for sustainable growth. Indeed, a very reputable international audit firm, Earnst and Young has predicted that Malawi is one of the top five fastest growing economies in Africa in the next five years. I hope that we Malawians feel the same.


In laying this foundation, we have diversified the sources and structures of growth of our economy.


My fellow Malawians

Our democratic governance is open, tolerant and based on rule of law and respect for civil liberties. As we know, the previous elections were held in an environment of violence, fear and intimidation. This is not the case now.


As incumbent Head of State, in the past two years, I have worked hard towards building an inclusive, participatory and equitable society. I have shown that it is possible to develop Malawi.



The two years were a transit lounge that prepared me for my own full term and mandate and receive the blessings for the country for the next 50 years.


I want to assure all Malawians that as President of this country, I will ensure that we have peaceful, free and fair elections. Our Police Service and all security agencies are on guard to make sure that we have an electoral process according to law.


My fellow Malawians


Today, I call upon all Malawians to continue with me on this journey as I seek my own full mandate as President of this country.



For the two years I have been President, I have come to the conclusion that our country requires a transformational agenda that can enable all Malawians to step up and step out of basic existence. For the past 50 years, Malawians have been continuously worried about basic survival, with the central agenda being food security but still the majority of our people live in abject poverty.


This transformational agenda is saying that we must reject the condition of our villages as we see them today. We must reject grass thatched houses as the order of the day.



The key principal feature of our transformational agenda is to care for and empower vulnerable segments of our population. Therefore, we will continue with social protection programmes including MASAF IV; Public Works Programme, Housing Scheme, Farm Input Subsidy Programme, Farm Input Loan Programme, A Cow A Family Programme, Food Distribution and Cash Transfer Programmes. These programmes are not meant to be hand outs but an empowerment foundation for our rural masses to begin a journey to transformation.


In the health sector, we have seen that it is possible to reduce maternal mortality, mother to child HIV/AIDS transmission and register significant malaria control.


Hence, I am putting before our people a transformational agenda that seeks to modernize our rural areas, overcome poverty and take Malawi into the middle income economy.


In our transformative agenda, we are committed to spearheading institutional and structural reforms of the agricultural sector which will provide a solid foundation for dramatic and irreversible change in the sector. We must reject that a hoe should be the agricultural implement of choice.


We need to diversify, mechanise, commercialise our agriculture; add value to our produce and promote proper storage facilities and research services in order to achieve food security and spur economic growth.


In the past two years, my Government has registered better tobacco prices and we will ensure that our tobacco farmers continue to get even better prices.


This transformational agenda is saying that we must reject that our people should drink unclean water from unprotected wells.


We must reject the poor quality of education in our schools. We must reject the small number of students being selected into Universities each year. We need to broaden access to and improve quality of education at all levels. We need to refocus vocational and technical training for economic growth and job creation for our youth who constitute the majority of our population. We need to make education for the girl child a key component of our education system.


Yes, we must reject poverty, unemployment, homelessness, hunger, and underdevelopment prevalent in our country and move to transform our country in a sustained and focused manner.


My fellow Malawians


I am presenting before you, my country men and women, a call to get our young people decent jobs. This is a call to get our women and men out of poverty, deprivation and underdevelopment. This is a call to get food for the hungry, to eradicate preventable diseases, to let people find their voice, and restore their dignity.


It is now my pleasure to present to the people of Malawi through the Commission, my nomination for the President of the Republic of Malawi and that of my running mate, Hon. Sostein Alfred Ngwengwe as the Vice President of the Republic of Malawi.


I thank you.

Centre for Social Concern's January Urban Basic Needs Basket: Soaring fuel prices undermining living conditions!

The Centre for Social Concern (CfSC) is alarmed by the rate at which fuel prices are increasing in Malawi and the apparent lack of policy intervention to cushion the poor households from the likely adverse effects of such price volatilities.


It is an established tenet that the rise in the pump price of fuel results in an increase in the general cost of living. According to the International Monetary Fund (IMF, 2008), “Rising food and fuel prices both have adverse effects on poverty; however, for the direct poverty impact, the main concerns typically relate to the
higher cost of food especially for the urban poor”.


While the risks of increased food insecurity may be more pronounced in urban areas, where people rely exclusively on markets; they are of particular significance in rural areas, too, where in the case of Malawi about 80 percent of the population reside and where a large percentage of poor rural households are net-buyers of food.


Poor consumers are negatively affected by high and volatile prices which also affect producers and other value chain stakeholders. In Malawi, smallholder producers have not benefited from high prices because output price increases are rarely transmitted to the farm level, while increases in input prices are passed on fully and quickly.


It is already evident that many smallholder farmers, who constitute the large majority of Malawi’s agricultural producers, are unable to respond to food price hikes with increased production due to a lack of access to financing facilities, agricultural inputs and markets. As a result, they find themselves struggling in their effort to feed their families.


Worse still, most poor urban consumers do not produce food, so increased food prices reduce their initial real income. For the urban poor who spend a large share of their income on food, shifting to less nutritious food or reducing food intake could be the main coping mechanisms. As a result of lower calorie intake and reduced consumption of vitamins and minerals, undernourishment and micro-nutrient deficiencies increase.


Intake of less food over a longer period can cause permanent reductions in a child’s health and nutritional well-being.


Higher food prices may also reduce spending on non-food items such as education and health (FAO/SOFI,2012). There is also the risk that in the face of sustained high prices and lack of measures to assist these vulnerable populations, there will be an irreversible impact on human development, particularly for women and children.


Thus, it is evident that the increasing prices for fuel and food products present a difficult policy challenge for Malawi government and does merit policy redress. CfSC believes that addressing the issue of volatile and high oil prices calls for a holistic approach; both the short- and long-term dimensions of the likely economic and
social impacts must be addressed.


In this regard, the short-term considerations include how to manage the immediate impact of higher oil prices. CfSC is aware that fuel in Malawi is saddled with a number of levies.


Reducing these levies can lead to domestic fuel prices increasing by less than world prices. With the revelations of massive plunder of public resources that goes on in Malawi, CfSC is convinced that the loss in terms of potential tax revenues which such a measure would bring about can easily be recouped by bolstering the public resource management. Governments can adjust the mix of ad-valor em and specific taxes to
mitigate the impact of increasing world prices.



One of the bottlenecks in the fuel supply chain in Malawi emanates from limited stocking facilities for fuel products. CfSC commends the Malawi Government for thinking of rehabilitating fuel storage facilities at Chipoka in Salima and in Mchinji.


CfSC further calls on Malawi government to increase the capacity of storage
facilities by constructing more and stocking them up appropriately.

PROFILE OF HONOURABLE SOSTEN ALFRED GWENGWE, PEOPLE’S PARTY PRESIDENTIAL RUNNING MATE IN THE 2014 GENERAL ELECTIONS

Honourable Sosten Alfred Gwengwe was born on 20th May 1977. He was born to Mr. Alfred Gwengwe of TA Kaphuka in Dedza and Mrs. Alice Gwengwe of TA Mazengera in Lilongwe.



He did his primary school in Lilongwe, his secondary school at Umbwi in Dedza, where he was selected to pursue a Bachelor of Accountancy Degree at the Polytechnic, University of Malawi. He graduated in 1999.



He obtained an MBA specializing in Finance from Oxford Brookes University, UK in 2003. He is a chartered and qualified management Accountant with the Chartered Institute of Management Accountants (CIMA).



Between 2005 and 2008, while in the UK, he taught at various colleges in London.



In 2008, he returned to Malawi and founded the Alice Gwengwe Foundation, a Girls Private Secondary School in Linthipe, Dedza and also managed the Dzuka Girls Secondary School in Nathenje Lilongwe.



He successfully campaigned for a parliamentary seat in Dedza Central, and was voted as a Member of Parliament in the 2009 General Elections. In 2009, he was appointed Shadow Finance Minister for the Malawi Congress Party. He was the Finance Spokesperson in Parliament for the MCP. He has also served in the Budget and Finance Committee of Parliament, and the International Relations Committee of Parliament and the Commonwealth Parliamentary Association (CPA).



In April 2012, Honorable Gwengwe was appointed Deputy Minister of Transport and Infrastructure. In December 2012, he was appointed Minister of Industry and Trade, a position he serves to date. Honorable Gwengwe has been a guest speaker at various international fora, including the Dubai- Africa Business Forum 2013, the UK- Malawi Investment Forum in London among many others.



He is Christian of Inter Pentecostal faith, and is married to Enelesi Gwengwe of T/A Kalonga, Salima. They have two children.

STATEMENT BY HER EXCELLENCY DR JOYCE BANDA PRESIDENT OF THE REPUBLIC OF MALAWI DURING A NEWS CONFERENCE AT SANJIKA PALACE, BLANTYRE ON THURSDAY, 13TH FEBRUARY

THURSDAY, 13TH FEBRUARY, 2014

Welcome to Sanjika Palace.


As you are aware that tomorrow, Friday 14th February 2014, is my turn to present my nomination papers for the forthcoming Presidential Elections. This will mark my formal declaration of my candidature for the position of president of the republic of Malawi.



As required by law, I am supposed to present my nomination papers together with my running mate. As a nation, we have made a decision that Malawi comes first and everything else second. As a nation, we believe that our destiny and our future are firmly in our hands.


As a nation, the decisions that leaders make on such matters as choice of running mates are matters of our shared national destiny. Distinguished Ladies and gentlemen this is what informs my leadership philosophy.


Guided by the above principle therefore, I took time to reflect on the vision that I and my Government intend to implement as our country continues on the path to rebuilding and transforming our country.



I also took time to consult and pray over this very important matter.



In this regard, I am pleased to announce to the nation that I have chosen Hon. Sostein Gwengwe, Minister of Industry and Trade as my running mate in the forth coming Presidential Elections.



I now invite Hon. Ralph Jooma to read Hon. Gwengwe’s profile.



I wish to thank Hon. Gwengwe for accepting to offer himself to serve his country in this capacity.


I thank you all for your attention.

Anti-Corruption Bureau Arrests Businessman in Lilongwe

For Immediate Release





On 10th February, 2014 the Anti-Corruption Bureau arrested Mr. Philbert Mkandawire Managing Director of Mahembe Civil Engineering in relation to the ongoing cash gate investigations. It is suspected that Mr. Philbert Mkandawire obtained K15, 728, 541.00 from Ministry of Local Government and Rural Development for services which were not rendered.



He was taken before the Senior Resident Magistrate’s Court in Lilongwe. He was charged with three counts of money laundering contrary to Section 35(C) of the Money Laundering, Proceeds of Crime and Terrorist Financing Act; and three counts of obtaining money by false pretences contrary to Section 319 of the Penal Code.



He pleaded not guilty to all the counts. He was granted bail on the following conditions:



The accused to surrender a cash bond of MK2,000,000.00 to the Court;

The accused to furnish two sureties bonded at MK1,000,000.00 cash each;

The accused to be reporting at the ACB Offices twice a week;

The accused to surrender a travel document to the Bureau; and

The accused not to leave Lilongwe without the ACB’s Director General.



He failed to meet the stipulated monetary condition as part of the bail conditions. As such, he was taken to Maula Prison on remand.



The matter has been adjourned to 4th March, 2014 for the State for commencement of trial.







EGRITA M. NDALA

SENIOR PUBLIC RELATIONS OFFICER

FOR: DIRECTOR GENERAL

COURT FINDS CIVIL SERVANT AND ANOTHER GUILTY FOR CORRUPTION IN LILONGWE

In 2011, the Anti-Corruption Bureau received a complaint alleging that Howard Njewa, Principal Accountant in the Ministry of Economic Planning and development assisted his close friend Brian Bandawe in the contract which he was awarded to supply and clean carpets and supply and fit vertical blinds at the Ministry of Economic Planning and Development.



The Anti-Corruption Bureau instituted an investigation where it established that Howard Njewa assisted his friend to secure a contract at the Ministry of Economic Planning and Development where he was the project accountant with intent to profit from the contract.



The Anti-Corruption Bureau took Howard Njewa and Brian Bandawe to court. Njewa was charged with one count of having advantage for giving assistance in regard to contracts and one count of abuse of public office contrary to Sections 29 (1) and 25B (1) of the Corrupt Practices Act. Brian Bandawe was charged with inducing a public officer to give him an advantage in regard to a contract and inducing a public officer to abuse a public office contrary to Sections 29 (2) and 25 B (2) of the Corrupt Practices Act.



On 6th February, 2014, the Lilongwe Chief Resident Magistrate’s Court found Howard Njewa and Brian Bandawe guilty of all the counts respectively and convicted them accordingly.



On 10th February, 2014, the Court sentenced the each one of them to four years imprisonment with hard labour. The sentence is effective from 6th February, the day of their conviction.









EGRITA M. NDALA

SENIOR PUBLIC RELATIONS OFFICER

FOR: DIRECTOR GENERAL

Cash Gate 'Jig Saw'

Preamble

We, the NGO community, Business captains, Labour movements and Media fraternity under the auspices of SCO grand coalition and building in December 2013 CSO Kalikuti consensus which mandated CONGOMA Chairperson to assemble a team of CSO Leaders to lead the CSO advocacy on Cash Gate, within the spirit of the Coalition, would like to provide its voice on recent developments on the issue as follows:



Concerns

The Civil Society are concerned with the following:

1. Delayed release of the forensic audit report while ironically the Report seems to be with IMF already to the surprise and alienation of Malawians. Parliament has equally been sidelined to debate these issues and we wonder for whose benefit was the audit report, who is in-charge of this country, why excluding our governance institutions and the people of Malawi?



Is this democracy? Continued rhetoric and empty choruses by the Government, of fighting corruption when, there is clear shielding and preferential treatment of Cash Gate suspects. This lack of genuine political will to decisively root out corruption is the biggest cause of rampant corruption in the country.


2. Continued suffering of ordinary Malawians by among other things non- abated drug and supplies stock outs in public hospitals that have become the order of the day and rising prices of goods and services on account of cash gate, while the leadership is busy crowding out Civil Servants by distributing maize to rural masses, instead of sitting in the office to work out a working strategy to alleviate the suffering of Malawians.


3. Unimpressive start of Cash Gate cases in Courts marred by slow pace of the cases when the nation was told there will be special measures to speed up the cases. At the pace we are going it will take years before the truth is known. This is a raw deal to Malawians who, as we fear, will go to the polls on 20 May 2014 without knowing who is who in this looting of public funds and may end up entrusting the same leaders who are actually at the centre of Cash Gate without any eventual and consequent recourse.







Our Appeal

In view of the above, we appeal that:

1. Forensic audit report should without failure be released by 14th of February 2014 and should be made public.


2. The State President in consultation with the Speaker should convene Parliament before 24th February 2014 and be given time to discuss the report thoroughly and agree on the way forward.


3. The Courts should be seen to be moving with speed on cash gate cases and not adjourn cases for long periods of time under the guise of fair trial which is unfair to the majority of Malawians.




Conclusion

The issue of cash gate has negatively affected most Malawians and as Civil Society, within our mandates, have a duty to inform Malawians and empower them to make their Government accountable. The power to decide the future of this country lies is in the hands of Malawians.



We also call upon all public Officers handling the cash gate cases in various portfolios that they should refrain from being influenced, enticed, corrupted or induced in any way to do contrary to their job codes because the truth and the law will catch up with them sooner than later.



A better and corrupt free Malawi is possible



Signed on behalf of all members of the Grand Coalition by :





Voice Mhone-Chairperson, CONGOMA


Steven Duwa-Chaiperson, MESN


Anthony Kasunda - Chairperson, NAMISA


Ronald Mbewe-Vice president, MCTU

SPEECH BY MALAWI ELECTORAL COMMISSION CHAIRMAN, JUSTICE MAXON MBENDERA SC DURING PRESENTATION OF NOMINATION PAPERS BY DEMOCRATIC PROGRESSIVE PARTY PRESIDENTIAL CANDIDATE PROF. PETER MUTHARIKA ON 10TH FEBRUARY, 2014

.Fellow Commissioners


.Honourable Professor Peter Mutharika, the Presidential Candidate and your Running Mate


.The Chief Elections Officer, Mr Willie Kalonga, your deputies and all members of staff of the Commission Secretariat


.Your Excellencies members of the Diplomatic Corps and Representatives of all development partners present here


.Honourable Leaders of Political Parties


.Distinguished Members from the Civil Society Organisations


.Members of the Clergy


.Distinguished Members of the Press


.Ladies and Gentlemen



Good Morning/Afternoon,
We are gathered here to witness one of the most historic moments as we prepare for the elections on 20th May, 2014. The Presentation of Nomination Papers by a Presidential Candidate is very significant. From today to Friday, the Commission will
officially get to know each one of those interested to contest for the presidency of this country. This function today which is an opener concerns the presentation of nomination papers by Professor Peter Mutharika, a candidate sponsored by the Democratic Progressive Party.



Distinguished Ladies and Gentlemen, allow me to appreciate the bold move taken by the Candidate, Honourable Professor Peter Mutharika. Out of a population of 16 million, you have come forward to present your candidature for the Office of
President. We salute you, Sir. Could we all give the candidate a big round of applause!



Our Honorable Candidate, elections are a competition which no one participates with an expectation of losing. However, it
remains a clear fact that only one person emerges winner at the end. The race sometimes can get intense and muddy.



I urge you to confine yourself to a civilized campaign. Malawians are tired of mud-slinging and foul-mouthed electioneering. For
a change, they want this election to be issue-based. I would like to urge you, Sir, to champion the cause for a clean campaign.


The Commission, in consultation with all political parties and electoral stakeholders developed a Code of Conduct for Candidates and Political Parties during elections. This Code of Conduct provides guidelines of how to conduct campaign and some of the things which candidates or their followers should not do.


I would like to urge you, Sir, and your Party to publicize the Code of Conduct and to observe it.


Further to that, elections have guiding legislation. The Commission has compiled all the electoral laws into one
booklet.


I urge you to find time within your busy schedule to go through all the literature we will give you today.



We would like to assure you, Sir, that the Commission, on its part, is geared to deliver a free, fair and credible election to the satisfaction of all stakeholders. We continue to renew our pledge that we shall work professionally, independently and
with impartiality in the management of these polls.



For the record let me address the question of the Green Card although it is no longer an issue in these elections. I would like to inform the nation that the Commission sought independent legal advice from three distinguished legal practitioners.


We consulted the Attorney General. The Attorney General is the head of the Malawi Bar. He is a Senior Counsel in his own right.
We also consulted an eminent Senior Counsel of 20 years standing at senior counsel level. In addition we put the same question before the Commission’s retained firm of lawyers.These distinguished lawyers, independent of each other, advised the Commission that a holder of a green card cannot and should not be barred from contesting on that ground at all.


The decisions of Malawi Electoral Commission on any issue are not made capriciously. We do not make decisions actuated by
malice or affinity. Our decisions are solely based on law and legal precedents.


As we prepare for the May, 20, 2014 elections, there is a lot of work to be done on civic and voter education. I, therefore,
urge you that as you conduct political rallies, you should take time to teach people about elections, more especially how to
vote. For the 2014 elections, we will have Local Government Elections which will be a new thing to the generation that has
grown up with no councillors. Therefore, it is also your duty to ensure that everyone is aware about the elections so that they
are able to vote on May 20, 2014.


From here, we shall proceed to scrutinize your papers and we shall declare you duly nominated or otherwise seven days after the receipt of the last nomination papers.


Let me also inform you that the official campaign for this election will start on March 21, 2014.


With these few remarks, I wish you the best of luck in your campaign for the highest office of President.


• May God bless your campaign.
• May God Bless you all
• May God bless Malawi.
• I thank you for your attention.

SPEECH BY HER EXCELLENCY DR. JOYCE BANDA PRESIDENT OF THE REPUBLIC OF MALAWI, AND OF THE PEOPLE’S PARTY ON THE OFFICIAL LAUNCH OF THE PEOPLE’S PARTY MANIFESTO (2014-2019) ON SUNDAY, 09TH FEBRUARY, 2014 BINGU INTERNATIONAL CONFERENCE CENTRE, LILONGWE

Your Excellency, Chief Justice Richard Banda, SC, (Retired);

The Rt Honourable Khumbo Hastings Kachali, Vice President of the Republic of Malawi, and Vice President of the People’s
Party, North (Operations);

Hon. Uladi Mussa, MP, Vice President of the People’s Party, Centre (Technical);

Hon. Brown Mpinganjira, Vice President of the People’s Party, South (Administration);

Hon. Paul Maulidi, Acting Secretary General;

Members of the National Executive Committee of the People’s Party;

Members of the Diplomatic Corps here present;

Distinguished Delegates, Ladies and Gentlemen.



Today is a great day for the membership of the People’s Party as we officially confirm our Parliamentary Candidates.



Today is a great day for me as I stand before you all to preside over the official launch of the People’s Party Manifesto for 2014 Elections.



Today is a great day as we are witnessing the beginning of a cross over from the first 50 years of our independence to the next 50 years.



Indeed today is a great day for me because God has placed me in the transit lounge to prepare Malawi to receive the blessings of the next 50 years.



This is why I have established the High Level Development Council to reflect on the past 50 years and coordinate dialogue among Malawians on the aspirations of the next 50 years. Many individuals and organisations have agreed with me on this decision.



Yes, every five years, our country goes to polls to choose a new Government and members of our National Assembly and to demonstrate our nation’s commitment to democratic governance and constitutional order.


And this time, after 14 years, the People’s Party Government will make it possible for our people to exercise their franchise to elect a Local Government, and for the first time to hold Tripartite Elections.




Distinguished Delegates, Ladies and Gentlemen

On behalf of the Membership of the People’s Party, I have the privilege of placing before you the People’s Party Election Manifesto, which highlights the policies and progammes we intend to implement after the forthcoming elections.


I do so in all humility, knowing, as you do, how far we have recently come in rescuing our country from the mismanagement and abuses of the past Government.


However, we still have a lot of work to do, in order to turn our country around and create the foundation for a clean and competent Government that meets the aspirations of our people.


As we seek our full term mandate, we are still reminded of the painful past of the previous administration which was characterized by shortages of foreign exchange, fuel, drugs and many other essential services.


We are reminded of poor relations with our development partners and some of our neighbors. We are reminded of poor political and economic governance; of human rights infringements and a slowdown in industrial production. We are reminded of the retrenchments of many workers and closing down of many businesses.


This did not only lead to increased suffering of our people, but also alienated them from the Government that was supposed to serve them.


This, therefore, calls for urgent and fundamental change, which we propose in this Manifesto for the consideration of our people.


In the short time I have been President, we have taken decisive action to heal the country, recover the economy, and build a strong foundation for growth.


We have also taken very far reaching measures in dealing with fraud and corruption including engaging foreign forensic auditors.



These steps represent the beginning of a transformation agenda that the People’s Party is proposing to implement.


A Transformation Agenda that places Integrated Rural Development as a centre-piece of our development agenda. A transformation that seeks to transform our country’s rural and urban areas into vibrant hub’s of agri-business and industrial activity.



A transformation that expands access to social services that meet minimum standards of quality of life regardless of location; that reduces inequality: spatial or gender; and that accelerates progress towards an inclusive community and national development.



Therefore this is a transformation agenda that will get rid of a hoe as an implement of choice; that will get rid of grass thatched house; that will get rid of drinking contaminated water.



Through this transformation I see the establishment of the Malawi Agricultural Transformation Agency to catalyse structural reforms and sustainable change in the agriculture sector. I see the establishment of an Agricultural Bank. I see our farming families being mobilized into farm clubs and cooperatives. I see our agriculture practices move from subsistence to commercial and mechanized farming.


Distinguished Delegates, Ladies and Gentlemen

This is a transformational agenda that prioritises animal and fish farming through innovative programmes like Malawi Fish for All Initiative while reviewing and reorganizing A Cow A Family Initiative.



Indeed, this is a transformative agenda that decentralizes tobacco marketing and licensing systems to ensure broad-based participation by our rural tobacco farmers.



Yes, through this Manifesto, the People’s Party has embraced a holistic approach to improving quality of and access to education.




Distinguished Delegates, Ladies and Gentlemen

The People’s Party Government is committed to improving education facilities and infrastructure, teacher’s development, provision of adequate teaching and learning materials, improving conditions of services for teachers among others.



To demonstrate this commitment, the People’s Party promises to:


Transform the University of Malawi Colleges into fully fledged Universities as one of the strategies to expand access and improving efficiency of operations;

Construct six Teacher Training Colleges and convert Domasi College of Education into a fully fledged Domasi University of Education to address the supply of teachers; and

Strengthen the school inspectorate at primary and secondary levels to ensure that education standards and quality match the overall transformation agenda.



The People’s Party is offering transformative strategies in reforming our health sector, infrastructure development, and our economy in general.



This Manifesto is offering new hope to our youth; to our women; to our people with disabilities and to our elderly. This Manifesto is saying that you are the people and therefore the owners of the People’s Party. You are the reason for the People’s Party’s existence.


This vision requires us to agree on what we must do to realize our destiny.


Most of all, we want a Government that is of the people; respects the people; and serves the people. We want a Government that guarantees the freedom, dignity, and pride of every Malawian.


We want a Government that is motivated, efficient and able to deliver on its mandate. We want an open, transparent and accountable Government. This lies at the heart of the agenda we set forth in this Manifesto.



Distinguished delegates, Ladies and Gentlemen


I am committed to continue to champion the cause of the rural and urban poor.


I am committed to continue champion the cause of women and youth. I am committed to continue champion the cause of the workers, the people with disability and the elderly. I am committed to continue champion the cause of the business community. Yes, I am committed to continue champion the cause of students.


Indeed, I am committed to rural transformation as the centre-piece of my transformational agenda.


This is in response to the fact that life in rural Malawi is a continuous struggle and the rural folk are looking for a leadership and a government that can change their life circumstances forever.


I want to call upon all our people: men and women, young and old; rich and poor to see what I see because I am indeed seeing prosperity upon our land. Now it demands of us to make a better Malawi possible. A Malawi that becomes the hope of our people and the continent. A Malawi that is a centre of excellence for doing business.


A Malawi that is efficient and skilful. Yes, a healthy Malawi.In this regard, the choices we make today are critical in determining the future we desire to have.


I have full confidence in the people of Malawi. We all share the same dream of a better future for our country, our families, and our children. This Manifesto says what the People’s Party Government, under my leadership, intends to do in order to achieve that objective. I ask of you for your support.


It is Possible to transform Malawi. Nzotheka!


It is possible for the People’s Party to win this election! Nzotheka!


Now it is my honour to launch the 2014-2019 People’s Party Election Manifesto.


I thank you.

SPEECH BY MALAWI ELECTORAL COMMISSION CHAIRMAN, JUSTICE MAXON MBENDERA SC DURING PRESENTATION OF NOMINATION PAPERS BY DEMOCRATIC PROGRESSIVE PARTY PRESIDENTIAL CANDIDATE PROF. PETER MUTHARIKA ON 10TH FEBRUARY, 2014

.Fellow Commissioners

.Honourable Professor Peter Mutharika, the Presidential Candidate and your Running Mate

.The Chief Elections Officer, Mr Willie Kalonga, your deputies and all members of staff of the Commission Secretariat

.Your Excellencies members of the Diplomatic Corps and Representatives of all development partners present here

.Honourable Leaders of Political Parties

.Distinguished Members from the Civil Society Organisations

.Members of the Clergy

.Distinguished Members of the Press

.Ladies and Gentlemen



Good Morning/Afternoon,
We are gathered here to witness one of the most historic moments as we prepare for the elections on 20th May, 2014. The Presentation of Nomination Papers by a Presidential Candidate is very significant. From today to Friday, the Commission will
officially get to know each one of those interested to contest for the presidency of this country. This function today which is an opener concerns the presentation of nomination papers by Professor Peter Mutharika, a candidate sponsored by the Democratic Progressive Party.


Distinguished Ladies and Gentlemen, allow me to appreciate the bold move taken by the Candidate, Honourable Professor Peter Mutharika. Out of a population of 16 million, you have come forward to present your candidature for the Office of
President. We salute you, Sir. Could we all give the candidate a big round of applause!


Our Honorable Candidate, elections are a competition which no one participates with an expectation of losing. However, it
remains a clear fact that only one person emerges winner at the end. The race sometimes can get intense and muddy.


I urge you to confine yourself to a civilized campaign. Malawians are tired of mud-slinging and foul-mouthed electioneering. For
a change, they want this election to be issue-based. I would like to urge you, Sir, to champion the cause for a clean campaign.


The Commission, in consultation with all political parties and electoral stakeholders developed a Code of Conduct for Candidates and Political Parties during elections. This Code of Conduct provides guidelines of how to conduct campaign and some of the things which candidates or their followers should not do.


I would like to urge you, Sir, and your Party to publicize the Code of Conduct and to observe it.


Further to that, elections have guiding legislation. The Commission has compiled all the electoral laws into one
booklet.


I urge you to find time within your busy schedule to go through all the literature we will give you today.


We would like to assure you, Sir, that the Commission, on its part, is geared to deliver a free, fair and credible election to the satisfaction of all stakeholders. We continue to renew our pledge that we shall work professionally, independently and
with impartiality in the management of these polls.


For the record let me address the question of the Green Card although it is no longer an issue in these elections. I would like to inform the nation that the Commission sought independent legal advice from three distinguished legal practitioners.


We consulted the Attorney General. The Attorney General is the head of the Malawi Bar. He is a Senior Counsel in his own right.
We also consulted an eminent Senior Counsel of 20 years standing at senior counsel level. In addition we put the same question before the Commission’s retained firm of lawyers.These distinguished lawyers, independent of each other, advised the Commission that a holder of a green card cannot and should not be barred from contesting on that ground at all.


The decisions of Malawi Electoral Commission on any issue are not made capriciously. We do not make decisions actuated by
malice or affinity. Our decisions are solely based on law and legal precedents.


As we prepare for the May, 20, 2014 elections, there is a lot of work to be done on civic and voter education. I, therefore,
urge you that as you conduct political rallies, you should take time to teach people about elections, more especially how to
vote. For the 2014 elections, we will have Local Government Elections which will be a new thing to the generation that has
grown up with no councillors. Therefore, it is also your duty to ensure that everyone is aware about the elections so that they
are able to vote on May 20, 2014.


From here, we shall proceed to scrutinize your papers and we shall declare you duly nominated or otherwise seven days after the receipt of the last nomination papers.


Let me also inform you that the official campaign for this election will start on March 21, 2014.


With these few remarks, I wish you the best of luck in your campaign for the highest office of President.

• May God bless your campaign.
• May God Bless you all
• May God bless Malawi.
• I thank you for your attention.

Annulment of Proposed Nominations by Substitution

PRESS RELEASE


(for immediate and urgent release to all Political Parties and the Media)




At the NECOF meeting of 31st January, 2014, Political Parties proposed and the Commission agreed to allow Political Parties whose original sponsored candidates have been rejected by the
Commission to arrange for substitution of their rejected candidates.



The concession was made with a view to avoid wastage of time resulting from appeal processes to the High Court. The Commission has studied and given due consideration to the applicable legal framework. The Commission has concluded that the proposed scheme for substitution after closure of nomination is not allowed under the law and is unworkable.



Accordingly, all Political Parties and candidates are informed that the proposed scheme has and is hereby annulled. The rationale for this reversal was discussed with Secretaries General of parties under the Centre for Multiparty Democracy (CMD) on 6th February, 2014.



The meeting considered and agreed, among other issues that the substitution arrangement is unworkable due to its negative potential to make the nomination processes uncertain and open ended.



Therefore, there will be no substitution of candidates after the nomination period has closed.


Dated at Lilongwe this 7th day of February, 2014.


Justice Maxon Mbendera, SC

CHAIRMAN

LATE REGISTRATION FOR 2014 NATIONAL EXAMINATIONS

The Malawi National Examinations Board (MANEB) is pleased to inform schools, prospective candidates and the general public that it has opened a late registration window for candidates who still wish to sit for the 2014 national examinations.




The closing date for this late registration is Friday, February 14, 2014. However, every late registrant will have to pay a K1000 penalty (on top of the normal registration and ID production fees). This K1000 penalty is per registration which includes registering for both the subjects and ID production.




MANEB would, therefore, like to inform all Heads of Schools to accept these late registrants and process their registration accordingly. The schools should further ensure that they submit the following to their respective District Education Manager (DEM) offices by close of business on February 14:




A stamped letter from the host school, explaining their schools’ acceptance of admission

A CD containing details of the candidate

Well-signed hard copies (in triplicate)

Bank deposit slips showing payment of examination fees plus a K1000 penalty per candidate

Completed ID forms and two (2) passport-size photos.



Please note that all late registration submissions should go through respective DEMs which shall then submit the same to MANEB. No candidate or school should bring their data directly to MANEB.



For further enquiries on this exercise, contact us on 01 525 277 or 0999 108 774; Fax: 01 525 351; e-mail: pro@maneb.edu.mw or regimaneb@gmail.com.




Simeon Maganga

PUBLIC RELATIONS OFFICER

Speech By Her Excellency Dr. Joyce Banda, President of the Republic of Malawi During The Commemoration of the National Anti-Corruption Day At The Bingu International Conference Centre, Lilongwe. 5th February, 2014

.Your Excellency Chief Justice Richard Banda SC. Retired;

.The Vice President of the Republic of Malawi Right Honourable Khumbo Hastings
Kachali;
.Your Lordship the Chief Justice, Hon. Anastasia Msosa, SC.;

.The Speaker of Parliament, Honourable Henry Chimunthu Banda, M.P.;

.Minister of Justice and Constitutional affairs, Hon. Fahad Assani;

.Minister in the Office of the President and Cabinet Responsible for Good
Governance, Hon. Dr. Chris Daza;

.The Chief Secretary to the Government, Mrs Hawa Ndilowe;

.Director of Anti-Corruption Bureau, Justice Rizine R. Mzikamanda, SC., JA.;
Members of the Diplomatic Corps;

.The Chairman of the National Integrity Committee, members of the Committee here
present;

.Honourable Members of Parliament;

.Chief Executive Officer for Lilongwe City Council;

.District Commissioner for Lilongwe District Council;

.Leaders of various Political Parties;

.Members of the Civil society;

.The Media;

.Traditional leaders

.Distinguished invited guests;

.Ladies and Gentlemen.




I am very pleased to be here today as Malawi commemorates the National Anti-Corruption Day under the theme “Break the Silence; Stop Corruption>.” This is a very important day for every Malawian. I notice that this is the 10th commemoration of the National Anti-Corruption Day since it was first instituted in February, 2004.



This day gives all of us an opportunity to reflect on our efforts to fight corruption. This day allows us to evaluate the impact of corruption on our society. This day affords us an opportunity to assert our will and commitment to fight corruption.


Distinguished Ladies and Gentlemen



Corruption has become one of the greatest challenges that every Government is confronted with in today’s society all over the world. Many African countries are struggling to fight corruption. Just very recently, I read a commentary how corruption as besieged European countries where corruption costs European countries 120 billion euros each year. And here at home, as early as 2001, the then Director of Public Prosecution, now my Minister of Justice made a public comment that one third of national budget is lost to theft and corruption. And over time, we have seen how each Government has been confronted with theft and corruption. Each time such concerns have been raised, our development partners have reacted in one way or another. We have seen how corruption has undermined the country’s efforts to drive reforms and sustainably develop the economy.


Distinguished Ladies and Gentlemen


Corruption is prevalent in all sectors of our society. It is prevalent in Government. It is prevalent in private sector. It is prevalent in civil society organisations. It is prevalent among development partners. Yes, it is prevalent even in our communities. Corruption has become a global phenomenon. Therefore in addressing corruption, we need holistic approach and a globalised mindset.



Distinguished Ladies and Gentlemen

I have said it before that when I took office, our country was facing numerous social economic challenges. Malawians will recall that there were serious governance issues which led to us losing friends and partners. Worse still, social services had compromised following complete economic collapse under the previous Government. There was no fuel in this country. People spent days and nights at petrol stations waiting for fuel which in most cases never came. There was no forex available; no drugs in hospitals and perpetual blackouts of electricity.


All these challenges were on top of serious human rights concerns against the previous administration. These and other challenges were inherited by this Government which immediately embarked on reversing the trend. In order to address the challenges, my government developed an Economic Recovery Plan as a roadmap to recover our economy. The implementation of this Economic Recovery Plan has faced a number of challenges, one of the most serious being corruption and fraud. While government was keen to improve the economic situation of the country, a few greedy individuals were frustrating government efforts by siphoning public resources through corruption and fraud. You are all aware that our law enforcement agencies and other Government institutions are currently occupied with investigating the looting of Government resources at Capital Hill. As a nation, we are all deeply hurt by the revelations that some selfish individuals illicitly siphoned large sums of money from Government at Capital Hill.



Distinguished Ladies and Gentlemen

Corruption involves the misuse of any office, not only public office. It involves the illicit misuse of power and influence, for financial and personal benefit. Our law targets both public and private persons. Those in public service engaged in corruption use their official positions to enrich themselves, and others known to them, at the expense of poor Malawians. We must always remember that the positions we are holding whether in public or private offices are for serving Malawians, and not for self enrichment at the expense of poor Malawians. What is worse is that corruption undermines good governance.



Distinguished Ladies and Gentlemen


Corruption is an impediment to economic growth and development. Corruption retards the social economic development of a country. Governments struggle to provide basic necessities to its citizens because resources are lost through corruption. And in our case, because of few greedy individuals, government cannot provide adequate resources to government ministries and departments, which translate into provision of inadequate services to the public. Because of a few corrupt individuals Government faces serious challenges in the provision of social services.



Distinguished Ladies and Gentlemen
Since the launch of the National Anti-Corruption Strategy in 2009, some government departments have developed Anti-Corruption Policies and have set up Institutional Integrity Committees with the aim of fighting corruption within their own institutions. Some departments and institutions have not yet established Institutional Integrity Committees. I urge them to do so because it is a requirement. An instruction has been issued by my Government that 1 per cent of the annual budget of every Ministry, Department or Agency of Government be devoted to the work of Institutional Integrity Committees. In order to ensure that we develop a strong National Integrity System, I have appointed a new National Integrity Committee to oversee all efforts in that regard. The new National Integrity Committee is composed of individuals of high standing in our society, persons with impeccable credentials of integrity. I am confident that they will greatly assist Malawi in entrenching a National Integrity System and fight corruption.



I am pleased to formally commission the new National Integrity Committee. I call upon it to spare no effort in overseeing the implementation of the National Anti-Corruption Strategy and in establishing a robust National Integrity System. It is not enough to develop Anti-Corruption Policies and form Institutional Integrity Committees, we should make sure that we put these instruments to use so as to achieve their objectives of fighting corruption in various institutions. This is the time we must all realise that as Malawians we have a role to play in fighting corruption at individual as well as at national levels. Let us resist, reject and report corruption. We must break the silence, we must stop corruption.



Distinguished Ladies and Gentlemen

Despite the challenges faced in the course of implementing the Economic Recovery Plan, my Government will not relent in this endeavour of bringing the economy on course. My Government will therefore continue to fight corruption at all levels by providing the necessary support to the Anti-Corruption Bureau to enable it to perform its functions effectively. I have said it before that I will fight corruption to the bitter end, even if this comes before my political career.


Turning to the looting of Government resources at Capital Hill which my Government has recently uncovered, I would like to state clearly here that I will spare no effort in fighting corruption in the public service. The discovery of the looting is not accidental. I have explained it before that it was because I noticed that our currency was not accordingly responding to the recovery that was taking place in the economy that I raised serious questions with the former Minister of Finance. I charged him and his team to work to discover any loopholes through which Government resources were being lost and seal those loopholes. True to my suspicion, and thank to the work of my officials, the looting of Government resources at Capital Hill was discovered.


As we have come to know, the Integrated Financial Management Information System (IFMIS) was abused, starting from 2005 when it was first installed. Looting was first discovered in 2010 and investigations in the 2010 cases were for no apparent reasons halted. There had been recommendations to the previous Government to seal loopholes in IFMIS, but that Government choose not to do anything about it, probably to leave room for the siphoning of more Government resources. Small wonder therefore that by the time I took office the problems had grown very big, as certain individuals had mastered the art of siphoning Government resources.



I could not allow this to continue. This is why I and my Government have spared no effort in investigating this looting and bring all those involved to justice. I have said it time again, I have placed my political career at stake by going flat out to root out this corruption because I believe this is the right thing a leader who loves her people and her country should do. I have said that I will shield no one and that I have allowed all the law enforcement agencies to work independently, professionally and diligently to ensure that we, as a country, get to the bottom of the problem and deal with it once and for all.



I have also allowed the participation of foreign experts in virtually every key institution in order that we have a credible and thorough investigation of the matter. No one can doubt the credibility of our investigations in these matters. Do not be deceived, not every country can allow foreign experts to get involved in investigating internal and serious matters as we have done. It is like we have allowed foreign experts to go anywhere in our house, including our own bedroom, in order for them to assist resolve this matter.


Distinguished Ladies and Gentlemen

May I add that we have put in place a Government Action Plan on measures to improve public financial management. The implementation of that plan is on course. The plan I am talking about has had wide support, including that of our Development Partners. As a country, we are confident we are doing the right thing in addressing the problem because we recognise that this is our fight and we must fight it, whether with external support or not. That is why we are doing all it takes to get to the bottom of the problem. I am aware that there are forces trying to derail the process of investigation and prosecution in order to protect culprits. I am also aware that there are forces who want to use the investigations and the prosecutions in these matters for their own political or other agendas. Let me warn that my Government will not allow anyone to derail the process for their own political or other agendas. Our law enforcement agencies must be allowed to operate independently and professionally. When we talk about independence of the agencies, we mean independence from interference whether from the Government, NGOs, donors or any individual or other authority. Interference can either be direct or subtle. All that must not happen.


Distinguished Ladies and Gentlemen

My Government is aware of the enormous challenges the law enforcement agencies are facing in the current investigations. This is why my Government has periodically provided special extra funding to the institutions in order to accelerate the investigations and prosecutions of the matter. I am aware that there is pressure on the law enforcement agencies to speed up their work and I am aware that they are doing their best. In fact the experts who are working with our agencies have on a number of times conceded that, in their experience, the demands placed on our agencies are sometimes unrealistic. For example, some of the top foreign investigations have conceded that it is quite a challenge to expect the investigations to be done within six months when in their experience it would ordinarily not be done in less than eighteen months. My government, however, has every confidence that our agencies will do a good job even in the face of the challenges.


My Government has already addressed some of the challenges faced by the Anti-Corruption Bureau. My government approved the expansion of the Bureau’s staff establishment as well as the opening of an additional office in Zomba. The Anti-Corruption Bureau needs to expand to enable Malawians easily access its services. Further to that, my government would like the Anti-Corruption Bureau Officers to be trained in advanced investigative skills so as to enable them handle complicated cases. My Government will continue to give support to the Anti-Corruption Bureau so that its officers acquire skills that can equip them deal with modern economic and financial crimes.


It is also very important that the Anti-Corruption Bureau retains its trained and experienced staff and that can only be done if the Anti-Corruption Bureau is competitive. My Government will review conditions of service for the Anti-Corruption Bureau in order to make the institution competitive and, in turn, even more efficient and effective. Delay in the prosecution of cases is another challenge. I believe that the establishment of a special Anti-Corruption and Economic Crimes Court would assist in fast tracking the trial of corruption cases. To this end the Corrupt Practices Act and other relevant laws are under review.





Distinguished Ladies and Gentlemen

In order to promote good governance, my Government has established a Ministry of Good Governance. This ministry is working hand in hand with the National Integrity Committee, the committee which oversees the implementation of the National Anti-Corruption Strategy through the activities done by the various pillars. I want the Ministry of Good Governance and the National integrity Committee to continue exploring other ways of fighting corruption. I also want this Ministry to see to it that anti-corruption policies that have been developed by various institutions are being put to use. My Government is doing all this as a way of fighting corruption and promoting good governance.


Distinguished Ladies and Gentlemen

In closing, I recognise that Malawi as country, we are celebrating 50 years of independence this year. I see it as divine that this country be cleansed of corruption and theft as we prepare to enter the next jubilee. It is therefore very important for me that as my Government is implementing a transformational agenda, we have to deal with theft and corruption squarely in our efforts to realise the country’s destiny.


At this point, let me thank our cooperating partners for the support that you are rendering to the Bureau to augment Government efforts. Specifically let me pay tribute to the British Government, the Government of the Kingdom of Norway and the Republic of Ireland for the financial support to the Bureau. The American Government has also provided technical expertise in prosecution and communication strategy for which my Government is appreciated.


Distinguished Ladies and Gentlemen

Let me remind all Malawians that the responsibility of fighting corruption is not for Government alone, or the Anti-Corruption Bureau alone, but for all of us. Let us not waste our time finger pointing while we shield perpetrators of corruption. We perpetuate corruption when we choose to remain silent when we have information that could have helped avert loss of resources through corruption or that could have assisted to bring perpetrators to book. We therefore must collectively fight to destroy this cancer that eats deep into the moral fabric of our society. Break the Silence: Stop Corruption.


Lastly, I want to pledge my government’s support in the fight against corruption by providing the necessary support to the Anti-Corruption Bureau.


With these remarks I declare the National Anti-Corruption Day Conference for 2014 officially opened.


Thank you all for your attention.

May God bless our nation and bless us all.

From first-born to ‘Most Senior’: How I Learned The Truth About Me

Up until two years ago, I had no idea that I was not the first-born in our family. And, when I finally learnt the truth, it came as a massive surprise because my parents always referred me to as the ‘first-born’.


The shock has disappeared now, but I can’t help but ask why? Is the truth, no matter how painful it may be, the special, private property of parents, relatives, or whoever may be in the know about something someone does not know? I can’t help but ask.


And, taking cognizance of the fact that the parents in question- the people I would have asked- now rest in peace somewhere in Dedza, I have been trying to second-guess the possible reasons. Would disclosing the truth be analogous to undressing wounds and, by extension, resurrecting old pains?





Borrowed deaths

Before I go further, may be it is important to relive the moments I was made to believe that I was the “first-born”, and also delve into some of the things I ‘suffered’ because of being the first-born.


I vividly remember that whenever my mother or father met people for the first time, they would always introduce me as “This is our first-born” child. Family friends would also refer me to as “The first-born’ of the Chirombos.


And, it was in my ‘capacity’ as the first-born that I was ‘forced to die’ deaths that were not mine. What do I mean by ‘deaths that were not mine’?


Well, here is a good example. As a Christian, I grew up liking the Holy Bible. And, in the course of reading and studying the Bible at church, I was introduced to the issue of the Israelis, and got fascinated with the exodus stories.


Among other things, I failed- and still fail- to understand why Pharaoh, the Egyptians’ leader, was so hard-hearted that he refused to bulge to Prophet Moses’s demands to release the children of Israel from bondage and let them leave for the promised land of Canaan.


While I read the story of the plagues with self-detachment, one plague hit me as a personal tragedy: the death of all first-born children in Egypt. These deaths hit me as personal tragedies because they made me ask questions such as: So, being the first-born in my family, would I have died if I were an Egyptian child then? Why kill innocent children for the sake of an old man (Pharaoh) who could answer for his sins and stubbornness?


In the end, I came to the conclusion that I would have died had I been an Egyptian first-born child at that time, and that is how I was made to die deaths that were not mine. In the first place, it’s Egyptian first-born children that died, and not Malawian first-born children. Secondly, it’s first-born children that died and, as I have recently realised and come to accept, I would not have been one of them because I am nowhere near first-born!





Subtle clues

However, I do not blame my parents for letting me live in the ‘dark’ about this first-born thing. I think they tried to give me clues in their own ways.


For instance, I remember my father often telling me things like, “Hey, Richard, if you were female, you would have been helping me with household chores. Hey, Richard, if you were female, you would have done this, you would have done that.”


Whenever she was working on something that needed female hands, she would be at it again. If you were…!


One day, I think it was around 1987 when we were staying in Chitawira Township, one of the neighbours told me that ,”How is your sister”, before saying, “Sorry, I was thinking about something else.”


And, poor me, I could not read between the lines.


In fact, Richard is not the name my parents gave me at birth. My mother told me, when I was about nine years old, that my name at birth was Chikumbutso (Memory).


And, even with this hint, I never had the presence of mind to ask her: “Why Chikumbutso? Who did you have in mind? Who or what did I remind you about?”


Poor me! I should have read between the lines. There might have been someone, or some people, before me, and I reminded my parents of them.


As fate would have it, the name Chikumbutso died when a priest Christened me Richard at St Pious Catholic Church in the 1980s. And so died one more hint about whether I, really, was the first-born child, as my parents used to put it.





Uncovered

However, as often happens in life, I accidentally stumbled upon the truth two years ago.


I had travelled to Mzimba to be a monitor for one of our relations who was contesting in one of the two Mzimba constituencies in 2012.


We were standing outside one of the shops at Mzimba Boma when, while chatting with one of our relations, he suddenly said:


“Did you know that you are not the first-born in your family?”


I was astounded.


“What,” I asked.


“You are not the first-born, as you have been made to believe. You are just the most senior,” he continued.


I was taken by surprise. I was not only surprised, but I struggled to contain my emotions. But the truth is that I found myself pushing back tears.


Then, gathering some courage, I asked: “So, there were others before me?”


“Yes,” was the quick reply.


I let that answer sink in, while I prepared to ask what I thought was the most important question. I, then, asked the question: “You say there were others before me. What happened to them?”


His answer: “They died. They all died immediately after delivery.”


Finally, I wanted to know how many had died.


“Ah, about…” he said, while counting his fingers and attempting to remember.


“Aah…” he continued counting his fingers. I was not looking at his fingers; I wanted to get the figure from him.


Then, just when he was about to mention a figure, my cousin came and interrupted: “You have been standing for a while here. Why not go there, at that verandah, and sit down,” she said.


Immediately, we all headed for the verandah.


However, when we finally settled down, I could not muster enough courage and energy to ask him to give me the response.


I was, and still are, afraid of knowing the truth. It is enough to know that there were others I will never know!


Of course, it is easy for me to grab my handset, call him, and ask him to provide the figure. But the truth scares me. The truth will hurt me.

Putting Child and Human Trafficking in Malawi and Abroad in Perspective

(NOTE: I wrote this article in 2009, before the World Cup was held in South Africa. George Perkings, writing from Norway, wanted the aticle and, so, I have just posted it here).


Panganani Saikonda Chigada, a promising 19-year old youth from Blantyre’s Ndirande Township, still lives in the hearts and minds of his family members- some 11 months after his mysterious death.


Panganani is a living example of human trafficking, family members say.


The late Panganani’s brother, 22 year-old Blessings, said his younger brother traveled to South Africa earlier this year, and arrived in the Rainbow nation on January 19, 2009. People like Blessings and relatives only got the news from Panganani when he thought he was finally home and dry in South Africa.


“He (Panganani) was an energetic person who used to wear earrings and imitate the dressing of US (United States of America) hip-hop music artists, something I think made him attractive to traffickers,” said Blessings.


He believes that his brother’s looks are what attracted Chancy Kauta,a Malawian woman who lives in South Africa, as well as her friend believed to have come from New Zealand, to befriend him. They then started taking him along on their trips to various tourist attraction places in Malawi.


“The same women took Panganani to South Africa, where he is said to have been sold to men who sodomised him to death,” he said, flanked by his sister Edna.


Edna things that poverty could have played a role in their brother’s ordeal and subsequent death. The Chigada family lost the father a few years ago and depends on the mother- a widow who fends for the family by selling tea products.


It all started when Chancy, whose parents live in Ndirande, came home from South Africa to attend a tomb construction ceremony for a family member and brought the white lady friend along. The family fails to understand how Panganani came to befriend the two ladies, to the extent of always being in their company.


“It reached a point where our brother could pass nights at their place,” said Edna.


In the end, the three arranged to process a passport for Panganani, without his relatives’ knowledge, and took him along to South Africa.


He called a friend, Ted, on January 19 informing him that he had arrived safely in Cape Town.


Barely a month later, Panganani was dead. A family examination of his body revealed that he had damaged anal tissue and other signs of physical torture. What surprised the family, though, were the details in his passport: they showed that he hailed from the area of Traditional Authority Chigaru in Blantyre whereas the family hails from T/A Kapeni in the same district.


The passport also contained some ‘strange name’. It indicated that the deceased name was Panganani Promise Chigada and the family says he never had such a name.


Edna and Blessings say circumstances surrounding their brother’s death point to human trafficking, and have called on officials to extradite investigations on the issue.


“The year is coming to a close yet there seems to be no progress at all. We are getting tired of waiting for justice and our fear is that these people will do the same to others,” said Blessings.


Blessings said family members can not digest the fact that Panganani is really gone, hoping that the truth behind his death could set them free. The danger is that on the long journey between waiting and justice, many more lives could be lost.


2010 World Cup: Did it increase cases of human trafficking?
The 2010 World Cup, which was held in South Africa for the first time on
the continent of Africa, was a dlong-time dream come to fruition. It was a living
manifestation of Africa’s patience, hope and forbearance that never
came without sweat and threats, some of which vain.


It all started when African soccer officials, through Africa’s soccer governing body- the Confederation of African Football (CAF)- lobbied for more African slots at the world stage, a development that saw the number of teams represented at World Cup finals balloon to five, up from three.


CAF then told the Federation for International Football Associations (FIFA) point-blank that increasing the number of African representatives was not enough; the continent wanted nothing less than the chance to lay host to the world’s biggest soccer fiesta. Efforts to host it in 2006 failed, as Germany’s bid proved too superior to that of African representatives and CAF was riled.


The confederation threatened to boycott proceeding World Cups, prompting FIFA President Joseph Sepp Blatter to grant Africa an automatic hosting right next year (2010). It thus became an all-Africa affair, with Egypt, Morocco, Tunisia and others trying their luck. In the end, the Rainbow nation of South Africa emerged victor and successfully hosted the event.


Almost all people on the continent and the rest of the world agreed that this was Africa’s biggest moment. However, legal experts and human rights activists, especially those working in the area of human trafficking, refused to throw all caution to the wind and ride over the buzz of general excitement.


The experts feared that the 2010 World Cup could turn out to be a cbottomless pit for human trafficking incidents, and asked governments, civil society organizations, the media and members of the public to work together in making the world Cup finals a water-tight affair for traffickers.


Fears were that children and women, the common targets for traffickers, could fall victim to organized trafficking syndicates and leave more tears than joy on Africa’s shiny face.


Child Justice Magistrate Esmie Tembenu, who presides over child cases
at Soche Child Justice Court in Blantyre, was amongst the first people to raise the alarm.

“We must be extremely careful as a nation. There is need, also, to increase the level of public awareness on issues of human trafficking.I fear for our children and women, especially, comprise a large part of trafficking victims,” said Tembenu.

Tembenu warned people, especially rural dwellers. Against entertaining unknown people who will more likely be plying the dusty village roads and paths in search of people. Often, these foreigners will be using coercion and blackmail to get their way.


“I can foresee people going to the villages and promising would-be victims employment and better life. Some will even try to adopt Malawian children without going through the normal channels, and then taking these unsuspecting people to South Africa to be used as child prostitutes and labourers. Unfortunate ones are killed for their body
organs,” she said.


No wonder that Malawi did not take these challenges lying down. Government and human rights activists, through the Malawi Network against Child Trafficking (MNACT), launched a national campaign against human trafficking. MNACT , whose secretariat was hosted by the child rights NGO, Eye of the Child, was established by the Malawi government through the Ministry of Gender, Child and Community Development . It
enjoyed a membership of 69 organisations, both governmental and non-state actors.


MNACT’s anti-human trafficking campaign was premised on the fact that a recent rapid assessment survey on the social impact of the 2010 FIFA World Cup conducted by the Southern African Network against Trafficking and Abuse of Children (SANTAC) revealed that trafficking cases were bent to increase.


The assessment revealed that, before and during the event, demand for sexual services, including sexual services from women and children, increased; there was more demand for cheap and exploitable labour as well as increased opportunities for criminal elements to ply their trade, which included trafficking and exploitation of women and children.



Malawi committed to fighting human trafficking
Malawi has maintained its Tier 2 ranking in the June, 2009 edition of Trafficking in Persons Report (TIP) published by the United States of America’s Department of State.
Tier 2 countries are those whose governments do not fully comply with the Trafficking Victims Protection Act’s minimum standards, but are making significant efforts to meet such standards.


There are 72 countries under this category, with Mozambique, Tanzania, Namibia,
Madagascar, Rwanda, Uganda, Burkina Faso, Israel, Jamaica, Japan among some of the familiar faces.


There are three classifications of Tiers. Tier 1 is for countries whose governments fully comply with the Trafficking Victims Protection Act minimum standards (Mauritius, United Kingdom, Netherlands, Belgium, Germany, Nigeria, Denmark, Norway, Canada, Australia, France, among other countries) while Tier 2 applies to those that do not fully comply but are making significant efforts to comply.


This category also contains a Watch List component, which applies to countries that have significant numbers of trafficked victims, or whose numbers are increasing; countries that have provided no evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; and countries whose determination that they are making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year.


The last category, Tier 3, is for countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. Currently,
these countries include Burma, Chad, Cuba, Eritrea, Fiji, Iran, Kuwait, Malaysia, Mauritania, Niger, Swaziland, Zimbabwe, Saudi Arabia, North Korea, Syria, and Papua New Guinea.



The US Department of State is required by law to submit each year to the country’s congress a report on foreign governments’ efforts top eliminate severe forms of trafficking in persons, and the June report becomes the ninth annual Trafficking in Persons Report.


The US government first issued its first anti-human trafficking policy under
President Bill Clinton in 1998, a development that has seen unprecedented forward movement around the world in efforts to end human trafficking, according to former US Secretary of State Hillary Rodham Clinton.


Clinton acknowledges, however, that much needs to be done, especially in identifying and addressing the root causes of trafficking, including policies that contribute towards the trafficking of vulnerable children.


“The human trafficking phenomenon affects virtually every country, including the United States. In acknowledging America’s own struggle with modern-day slavery and slavery-related practices, we offer partnership. We call on every government to join us in working to build consensus and leverage resources to eliminate all forms of human trafficking,” said Clinton.


Her sentiments reflected the thinking of US President Barack Obama, who says: “Sadly, there are thousands who are trapped in various forms of enslavement, here in our country…oftentimes young women who are caught up in prostitution. So, we’ve got to give prosecutors the tools to crack down on these human trafficking networks. Internationally, we’ve got to speak out. It is a debasement of our common humanity, whenever we see something like that taking place.”


TIP serves as a US diplomatic tool aimed at engaging the world in the fight against human trafficking.


In the wake of continued negative TIP ranking, Malawi has set out to turn things around, and has for the past five years engaged an extra gear in efforts aimed at nipping human trafficking in the bud. Efforts to develop legislation to combat human trafficking started in November 2004, and these efforts were mainly targeted at fulfilling Malawi’s obligations under the United Nations Protocol to Suppress, Prevent and Punish Trafficking in Persons adopted in 2002. The protocol came into
force in 2003.


Between 2004 and 2006, the country increased its efforts through reviews of a myriad of loosely attached legislation touching on human trafficking, and has achieved positive strides through the Malawi Law Commission. The commission launched a number of preparatory activities including the 2005 publication of a research paper on trafficking in persons, primarily focusing on the trafficking of women and children
for sexual exploitation within and outside Malawi.


The commission also reviewed a number of other legislation and policies, which included the National Action Plan for Orphans and Vulnerable Children, Children and Young Persons Act, Wills and Inheritance Act, Adoption of Children Act, Divorce Act, the PenalCode.


Some of its work has since started bearing fruit. For instance, the Child Care, Protection and Justice Bill developed by the commission completely reformed the Children and Young Persons Act by introducing extensive reforms to the legal framework affecting the care and protection of children.


The Malawi Law Commission has not taken these strides on the chin and sat back. In September 2009, the commission submitted the report on the Development of the Trafficking in Persons Legislation to former Justice and Constitutional Affairs Minister Prof. Peter Mutharika.


This was the culmination of work that started in 2007, when the Malawi Law Commission in consultation with the Judicial Service Commission appointed a special Law Commission whose mandate was to develop legislation on prevention and elimination of trafficking in persons.


Mutharika said the report was a manifestation that the country was doing all it could to come around the problem of human trafficking, adding government was committed nipping human trafficking in the bud.


“Government is very much committed to tackling the problem of human trafficking. We know that women and children bear the brunt of such practices, yet this is a group of people that contributes positively towards social-economic development,” said Mutharika.


He reiterated government’s commitment to solving the puzzle that is human trafficking, and asked for close collaboration with government departments, civil society organisations and community members.


Mutharika said the fight against human trafficking required consulted efforts, and commended NGOs for their work in increasing public awareness.



Law Commission submits draft Trafficking legislation
Malawi is on verge of having comprehensive legislation dealing with issues of human trafficking following submission of the Malawi Law Commission’s Development of Trafficking in Persons draft legislation report.


The long awaited for report was submitted to Justice and Constitutional Affairs Minister, Prof. Peter Mutharika., in September this year and aims at providing a comprehensive legislative framework for combating and preventing trafficking in persons using human rights based approaches.


Once enacted by Parliament, the legislation will apply to where the offense committed is committed wholly or partly in Malawi; the offense is committed outside Malawi but the victim happens to be a Malawian citizen; the offense is committed outside the country by a citizen of Malawi or a person who is resident in Malawi; or the offense involves an organized criminal group, committed outside Malawi with a view to
the Commission of an offense under this act, within Malawi .


The report was cause for relief for many, including judicial officers.


The existing legal framework in Malawi makes no express reference to the offense of trafficking in persons, the result has been disastrous as court officials have been forced to apply different statutes.


While the Penal Code recognizes that trafficking-related offenses breach various forms of fundamental rights and freedoms guaranteed under the constitution and need to be criminalized, penal provisions cut across various laws. Some of these laws include the Immigration Act, the Employment Act, the Extradition Act and the Mutual Assistance in Criminal Matters Act.


This has led prosecuting authorities to sometimes apply different sentences, a case in point being that of Masautso Banda- who employed 10 children under the age of 14. The prosecuting authority used the Employment Act to bring to book traffickers who exploited others through forced labour.


Banda was accused of trafficking children from Dedza to Mchinji for labour, and was charged under Sections 21 and 24 of the Employment Act for employing 10 persons under 14 years of age. The accused pleaded guilty and was sentenced to pay a fine of K5000, to pay the sum of K1,500 to each of the trafficked children as compensation for their
suffering for three days, and to pay the children’s transport expenses from Mchinji to Dedza.


In default, the accused was sentenced to imprisonment for 11 months.


Banda paid the fine and escaped a prison sentence.


In some cases, prosecuting authorities have failed to secure convictions for trafficking offenses because existing laws were not drafted to capture the peculiar nature of the offense of trafficking in persons- a peculiarity illustrated in the case of Ruth Lourenco versus the Republic.


In 1999, three destitute girls from Lilongwe, aged between 15 and 19 years, were arrested in a police raid at sex club in Amsterdam and were subsequently deported to Malawi.


The accused, a local businesswoman, was accused of trafficking them and stood trial on charges of procuring for prostitution outside Malawi. She was acquitted on technical grounds because, by the time the girls were approached by the accused, they were already commercial sex workers due to their destitution.


The court thus held that since they were already prostitutes prior to their recruitment, they could not have been procured for the purpose of prostitution as set out under section 140 of the Penal Code.


The report on ‘Development of Trafficking in Persons Legislation’ will thus fill many prevalent gaps, and give Malawi a vintage point in dealing with human trafficking cases. It comes after comprehensively examining various international instruments, among them the Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; International Covenant of Economic, Social and Cultural Rights, United National Convention against Transnational Organized Crime to Suppress, Prevent and Punish Trafficking in Persons, especially Women and Children; Convention on the Elimination of All Forms of Discrimination against Women; Convention on the Rights
of the Child; the Worst Forms of Child Labour Convention; Protocol to the African Charter on Human and People’s Rights on the Rights of Women; Southern African Development Community Protocol on Trafficking in Persons; Millennium Development Goals, among others.



Commissioners assigned to the task recommended that proposed legislation provide comprehensive provisions on the prevention and elimination of trafficking in persons; provide the establishment of a Board for co-ordination and management of matters related to trafficking in persons; provide provisions for care, assistance and
protection of trafficked persons; provide for local and international co-operation on matters of trafficking in persons; as well as a provision catering for connected matters.


The commissioners included Penston Kilembe as chairperson, Doreen Kapanga as deputy, and Gertrude Lynn Hiwa, Wezi Kayira, Justice Maclean Kamwambe, Tonda Chinangwa, Elias Zirikunkhongo, Grace Tikambeni Malera, Maxwell Matewere and Habiba Osman as members.



MNACT Special report on human trafficking
Millions of African men, women and children are being forced into situations of labour and sexual exploitation, both in Africa and abroad, annually. At the international level, trafficking in persons has been identified as a serious threat to human security and development by governments, pressure civil society organisations, pressure groups and the United Nations.


For many African governments, however, the problem has only been recently acknowledged.


Human trafficking came to the fore at the turn of the 1990s, and particularly during the first decade of the Millennium, as the international community came to recognize it as one of the major challenges facing the globalised world. Increased cknowledgement of the existence of the practice, also described as modern day slavery,
helped the world focus on this new form of slavery, efforts that begun to expose the devastating plight of trafficked persons.



Members of the international community, including Malawi, have never looked back.
In Malawi, initiatives to develop legislation aimed at combating trafficking in human begun in earnest in November 2004- a programme of action aimed at fulfilling Malawi’s obligations under the United Nations General Assembly’s Protocol to Suppress, Prevent and Punish Trafficking in Persons, especially Women and Children.



The Protocol
was adopted in 2000 by UN member states but came into force in 2003.


It supplements the United Nations Convention against Transnational Organized Crime, which came into force in 2001.


Malawi is still working on new anti-human trafficking legislation since the currently has no existing legal framework that makes express reference to the offense of child trafficking.


This could explain why Malawi has remained stuck on Tier 2 in the United States of America-Department of State’s Trafficking in Persons Report (TIP) published in June, 2009.The Department of State is required by law to submit each year to the US Congress a report on foreign governments’ efforts to eliminate severe forms of trafficking in persons.


The report serves as US government’s diplomatic tool aimed at increasing global awareness of the human trafficking phenomenon and sheds new light on various facets of the problem. It highlights shared and individual efforts of the international community and encourages foreign governments to take effective action against all forms of trafficking in persons.


The impacts of human trafficking are devastating as victims may suffer physical and emotional abuse, rape, threats against self and family and even death. That is one of the reasons the practice remains a multi-dimensional issue: it is a crime that deprives people of their human rights free and freedoms, increases global health risks, fuels growing networks of organized crime and can sustain levels of poverty
and impede development in certain areas.


Tiers are categories under which countries and ranked in relation to their efforts against human trafficking. Tier 1 is for countries whose governments fully comply with the Trafficking Victims Protection Act’s (TVPA) minimum standards, and includes such countries as Australia, Austria, Belgium, Canada, United Kingdom, Nigeria, Mauritius, Germany and Italy.


Tier 2 is the ranking for countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards.


Countries in this group include Malawi, Mozambique, Namibia, Israel, Jamaica, Japan, Afghanistan, Brazil, Uganda and Zambia. But category also has a Watch List, and this includes countries whose governments do not fully comply with TVPA’s minimum standards but are making significant efforts.


It takes into consideration such factors as the absolute number of victims of severe forms of trafficking (where their numbers are significant), or where such numbers are significantly increasing; failure to provide evidence of increased efforts to combat severe forms of trafficking in persons from the previous year; and, the determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year. Countries include China, Gabon, Lesotho, Argentina, Egypt,
Tunisia, and Yemen.


The last category is that of Tier 3, which is for countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. Examples include Swaziland, Zimbabwe, Eritrea, Burma, Chad, Malaysia, North Korea, Saudi Arabia, Syria, Papua New Guinea, among others.


The reality of human trafficking also came to the fore during a January, 2008 National Consultative Workshop, which firmly entrenched views that trafficking in persons was just an international phenomenon but one that is also occurring within the borders of Malawi, involving both Malawian victims and perpetrators.


In the period between 1999 and 2004, Malawi came to the spotlight as a country of origin, transit and designation in East and Southern Africa for transnational victims to South Africa and Western Europe following the publication of a study by the International Organization for Migration carried out in 2003. This was partly because the country was also classified in Tier 2-Watchlist by the 2004 US T.I.P Report.


However, issues surrounding external and internal migration (one of the areas through which human trafficking takes place) primarily for labour that has at times turned out to be exploitative are deeply entrenched in Malawi’s history. International labour migration from Malawi to neighbouring mining countries of South Africa, Zimbabwe and Zambia dates back to the historical ties that arose at the creation of
the Federation of Rhodesia and Nyasaland in 1953, when cheap labour from Nyasaland was used to run the mines in Northern and Southern Rhodesia.


Upon the dissolution of the Federation and after attaining independence, labour flows continued out from Malawi, and were formalized in the early 1980s by the Temporary Employment Bureau of Africa (TEBA), which used to recruit people to work in the minds of Zimbabwe and South Africa. Although the migrant workers worked under extremely exploitative conditions, that returned were able to raise their standard of living and thus the prospect of working abroad attracted many.


TEBA stopped recruiting people sometime between 1989 and 1990 after an aeroplane carrying returnees crushed. Since then, there have been a number of difficulties in re-introducing the system despite the fact that many people are still interested in it. The gap created by the end of centrally organized mine migration to South Africa and other countries has led to the development of informal and illegal smuggling
rackets taking people across the border to these countries, according to the Development of Trafficking in Persons Legislation Report submitted to former Justice and Constitutional Affairs Minister, Prof. Peter Mutharika.


The Malawi Law Commission, reviewing the country’s human trafficking statutes, has submitted the report.


The June 2009 TIP commends the Malawi government for taking significant steps to fighting human trafficking, observing that: “The Government of Malawi’s anti-trafficking law enforcement improved over the last year, though punishments of trafficking offenders remained weak, inconsistent and highly dependent on the knowledge level of the judges and prosecutors involved in the case.”


The country prohibits all forms of trafficking through existing laws, including the Employment Act and articles 135 through 147 and 257 through 269 of the Penal Code, though lack of specific anti-trafficking legislation allows for a range of potentially weak punishment to be imposed on convicted trafficking offenders.


There has been little research on the physical and psychological health consequences of women, children trafficked in Malawi, or Africa, but a study on The Physical, and psychological health consequences of women and adolescents trafficked in Europe points to dire consequences.


The study, titled ‘Stolen Smiles’ quotes one of the trafficked women, a Lithuanian citizen trafficked to London: “I feel like they have The study, funded with support from the European Commission’s Daphne Programme, with additional funding from the International Organisation for Migration and Sigrid Rausing Trust, says 60% of the women victims reported being physically and/or sexually abused before they were
trafficked while 95 percen% reported physical and sexual violence while in the trafficking process. Fifty-eight percent reported physical injuries while 20% of the women reported that a relative knew their trafficker.



here were also high levels of mental health problems, with 38% of the victims reporting suicidal thoughts and 58% reporting symptom levels of posttraumatic stress disorder upon entry into care.


Malawi is taking the necessary steps to end human trafficking, following increased efforts in drafting requisite laws. It is hoped that once passed into law, ‘Development in Trafficking in Persons draft Legislation could become the immediate tonic for current challenges in the country’s human trafficking legislation.




Facts on human trafficking
• Human trafficking affects men, women and children, centrally to
conceptions that it affects only women and children.

• The International Labour Organisation reports that there are 12.3
million people in forced labour, bonded labour, forced child labour
and sexual servitude.

• According to the United States Department of State, figures vary
from study to study, and hover anywhere between 4 million to 25
million.

• A U.S Government-sponsored study in 2006 revealed that approximately
800, 000 people are trafficked within national borders.

• The Trafficking in Persons Report of June 2008 estimates that 80 per
cent of transnational victims are women and girls, and up to 50 per
cent are minors.

• Trafficking in persons is taken as a relatively low risk business,
but if successful garners high payoff.

• According to International Police (Interpol), trafficking in women
for sexual exploitation is a multi-billion-dollar business that
involves citizens of most countries and helps sustain organized crime.

• Human trafficking has adverse physical and psychological health
consequences for women, men and children.

• The June 2009 Trafficking in Persons Report (TIP) ranks Malawi on
Tier 2, the ranking for countries whose governments do not fully
comply with the Trafficking Victims Protection Act’s minimum
standards, but are making significant efforts to comply.

• Malawi has no express law on human trafficking.

• The Malawi Law Commission submitted a ‘Development of Trafficking in
Persons Legislation’ to the Ministry of Justice and Constitutional
Affairs in September 2009.

• The Malawi Network against Child Trafficking currently has 69
organisations. MNACT is a network of government (through the Ministry
of Gender, Child and Community Development) and non-state actors aimed
at facilitating anti-trafficking interventions in Malawi.