R v Bakili Muluzi & another (1 of 2009)
High Court: General Division
Case No:(1 of 2009)
Judgment Number: 18
Media Neutral Citation: [2009] MWHC 18
Judgment Date: Wed, 07/08/2009
JUDICIARY
IN THE HIGH COURT OF MALAWI
PRINCIPAL REGISTRY
CRIMINAL CASE 1 OF 2009
THE REPUBLIC
VERSUS
DR. ELSON BAKILI MULUZI
LYNESS VIOLET WHISKY
CORAM: THE HONOURABLE JUSTICE E. B. TWEA
M/S Nampota, Mwala, Nyamilandu of Counsel for the State
M/S Chokhotho, Jai Banda, of Counsel for the Accused
Edith Malani Miss, - Official Interpreter
R U L I N G
Twea, J
This is a summons for further bail pursuant to Section 12B of the Corrupt Practices Act, brought by the Anti Corruption Bureau. It is supported by affidavits of Mr Christopher Ernest Kaminjolo of the Bureau.
Section 12B of the Corrupt Practices Act, (CPA) states that:
“12B. If any person against whom investigations or proceedings for an offence under part IV are pending is preparing or about to leave Malawi, whether temporarily or permanently, the Director or any officer authorized by him in that behalf may apply to any court for an order requiring such person to furnish bail in any sum, or, if he has already been admitted to bail, in such greater sum and on such additional condition as the case may require with or without sureties; and in any such application the court may make such order as it deems fit”.
When this case was called on 25th June, last, the lawyers for the 1st accused person, Dr Bakili Muluzi,were not prepared and had not, by then, responded to the affidavits filed by the Anti Corruption Bureau, herein after referred to as the Bureau. They sought and were granted an adjournment. Following the adjournment, this court noted that the bail bond sought to be enlarged was not exhibited to the affidavit of the Bureau. The Court directed the Registrar to inform the Bureau to file a supplimentary affidavit deponing to the terms of the bail sought to be enlarged or reused and the defence to equally respond. When the case was called again. on 30th June, last, the supplementary affidavit had been filed. Further, the bail bond in issue was exhibited. However, there was no specific response by the defence.
I examined the record to ascertain what happened and what orders were issued in respect of bail.
The record indicates that on 24th February last, the Bureau appeared before the Chief Resident Magistrate Court in Blantyre and applied for warrants of arrest against the accused persons: Dr Bakili Muluzi and Lyness violet Whisky. The Court, when issuing the warrants of arrest stipulated, among other things, as follows:-
“…A warrant of arrest is issued against Dr Muluzi. The same shall be effected/execution during day time as defined under the Criminal Procedure and Evidence Code. Further, once arrested Dr Muluzi shall be formerly charged and cautioned. Further and importantly, Dr Muluzi shall be held by the ACB for no longer than three hours from the time of arrest during which time he may be charged and cautioned. Upon being formerly charged and cautioned Dr Muluzi shall be released on bail by the ACB on condition that he surrenders his travel documents, namely, Passport to the ACB.
Dr Muluzi is to appear before this court together with the ACB on a date to be obtained by the ACB from this court but to be no later than two weeks from today’s date for the ACB to inform Dr Muluzi of how it intends to proceed in this matter failing which this court will discharge him. ….The endorsement on the warrants must be strictly adhered to by the ACB and must be clearly spelt out on the WOA to be submitted before this court for issuance herein”.
The warrant of arrest for Dr Muluzi was endorsed for bail as ordered by the court. It was duly issued, on the same day.
The parties appeared again before the Chief Resident Magistrate on 26th February, last for committal. The court endorsed that the accused persons had been released on the bail. However, it added a further condition: that they shall not, by themselves or third parties interfere with any of the State witnesses. A bail bond was issued on the same date, together with the endorsement under Section 97 of the Criminal Procedure and Evidence Code.
I noted that the “bail bond” did not comply with Section 119 of the Criminal Procedure and Evidence Code in respect of the bond. Section 119 reads:
“119. Before any person is released on bail under Section 118, a bond for such sum as the police officer or court, as the case may be, thinks sufficient shall be executed by such a person and, where sureties are ordered, by one or more sufficient sureties conditioned that such a person shall attend at the time and place mentioned in the bond, and shall continue to so attend until otherwise directed by the police officer or court, and containing such other conditions as the police officer or court may think fit”.
It is important to note that the sum fixed in the bond is what the accused person forfeits or is called upon to render or the State may recover by warrant of attachment in case of a breach, in accordance with Section 125 of Criminal Procedure and Evidence Code. In this respect therefore the “bail bond” was defective and therefore irregular.
The current application is for enlargement of the bond. As I said earlier, there was no sum stipulated at all. In effect the accused person was conditionally released. In this respect therefore, it is for this court to consider what amount of bail would be sufficient in the circumstances: having regard to Sections 118(2) and Section 121(1), of the Criminal Procedure and Evidence Code, that bail should not be excessive. In order to do so, this court cannot proceed under Section 12B of CPA. In my view the proper procedure would be to proceed under Section 362 of the Criminal Procedure and Evidence Code; exercise the courts powers to review. I am sure that had the defect in the “bail bond” been brought to the attention of my Brother Judge seized of the trial, he would have, likewise, reviewed the order.
I have taken into account the views espoused by both parties in their affidavits and, to the extent relevant, what was submitted in their arguments. To begin with a person who is prepared to give bail may be released on bail. In the present case, it has been demonstrated that the 1st accused person and his co – accused had given bail when the warrants of arrest were issued against them and they were released on “bail”. In fact in respect of the 1st accused, it is on record that the charges now before this court have been there, in the essence, since the year 2004. It is also on record that the 1st accused person is on bail on other charges before this Court, yet to be prosecuted. It is further on record that he had travelled abroad and came back and surrendered to the custody of the proper authorities on his bail. This has not been denied by the State. The record further has it that the State was aware and did not object to the 1st accused person travelling abroad for medication.
The State however, submitted that it was concerned with “rumours” that the 1st accused person intended to abscond once he leaves the country. The State submitted that the “rumours” were being investigated. Issues were raised about air tickets bookings and so forth. In my view the issues were mere speculation and opinion and, of course, counter speculation and opinion by the defence. There was nothing substantial that came up.
While it may be legitimate for rumours to move an investigation, I do not think that it is open to the court to make decisions or orders based on rumours. The court should only act when the investigations establish the substance of the rumour. A person should not be at risk of being deprived of his liberty on account of rumours. I would therefore place no weight on the rumours.
The State has applied that the 1st accused bail bond should be in the sum of K1, 7billion. In essence, the State is applying for the total sum of the monetary value of the charges alleged against him. As I said earlier, court should not lose sight of the essence of bail, that it should be fixed with due regard to the circumstances and should not be excessive: Sections 118(2) and 121(1). It was argued by the State that the sum should not be an issue, because it is non – cash bond. The defence differed with the State on this point. I equally differ. The sum fixed must be such that an accused person and/or his sureties will be able to pay into court, in cash or kind or to raise. It is a requirement that the court should examines the sureties as to whether they are, in this respect, sufficient or not. Should they be found wanting, the accused person will be remanded in custody. In this respect therefore, Section 12B of CPA, if applied, would work out exactly in the same way as Section 122 of the Criminal Procedure and Evidence Code. It is my view that K1.7 billion is exceedingly excessive in any circumstances in this Country. It would, in effect, amount to denial of bail. The essence of a bail bond is to ensure that the accused person will be available to take his trial. The court should not be influenced by what the State will recover at the end of the trial when fixing the cognisance. Ordinarily an accused person who honours his bail is entitled to a refund of any monies or property deposited into court or to be discharged from the obligation to pay the cognisance. I therefore decline to equate bail bond to restitution or recovery of the proceeds of crime.
Be this as it may, the discretion lies with this court. I have examined the circumstances of this case, as aforesaid. I find no objective basis for alleging that the 1st accused person will abscond. I therefore order that he executes a bail bond in the sum of 50 million kwacha not cash with two sufficient sureties in the sum of 10 million Kwacha each, not being cash. I reinstate the conditions ordered by the Chief Resident Magistrate Court, and further, order that he may not leave the jurisdiction of Malawi without the order of this Court and that he must surrender his passport back to the Director of ACB within 10 days of his return to this jurisdiction.
The 1st accused person shall be admitted to custody should he fail to execute the bond within 7 days of this order.
Pronounced in Chambers this 8th day of July 2009 at Blantyre.
E. B. Twea
JUDGE
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Thursday, February 14, 2013
Statement by civil society at the SADC Gender Ministers Meeting
GL Commentary
Written by Emma Kaliya, on behalf of members of the SADC Gender Protocol Alliance
Maputo, 14 February: On behalf of my colleagues in the Southern African Gender Protocol Alliance, I feel very privileged and honoured to stand before you today and deliver this speech. The gender sector in our region is unique in the extent to which it has opened the door to civil society participation. Together with our Governments, we campaigned for a SADC Protocol on Gender and Development with 28 targets to be achieved by 2015. With two years to go until this deadline, also the deadline for the Millennium Development Goals, we have changed our slogan from "yes we can" to "yes we must"!
We wish to thank SADC and UNWOMEN for enabling us to make our voice heard at this strategic gathering. We want to assure our governments that we are your firm partners and allies in taking forward the gender agenda in our countries. You have been elected to deliver a better life to all our citizens - especially for women. We are the hands, feet, eyes and ears, hearts and heads, that can help deliver these visionary goals. We are not your competitors but rather an implementing arm of our Governments.
The immediate focus of our attention is the CSW, that will spotlight this year on Violence Against Women and Girls. Emerging findings from prevalence studies on GBV in five SADC countries show that between one quarter and two thirds of women in these countries experience some form of gender violence over their lifetime. The highest form of such violence - emotional violence - barely features in police statistics. Yet it daily undermines women's agency and self-worth; costing our countries billions of dollars that could otherwise go into economic development.
Today, Valentine's Day, citizens around the world are joining hands in the One Billion Rising Campaign to say "No" to gender violence. We wish to commend the draft SADC position paper to the CSW. It is a bold statement from our region that women's rights are human rights; that we must tackle the root causes of gender violence - patriarchal norms and harmful traditional practices that result in gross human rights violations being perpetrated with impunity.
We note with particular concern the impunity with which women's rights are violated in situations of conflict such as the Eastern DRC. How can our region stand aside when this area is being termed the rape capital of Africa? We urge our Ministers to denounce rape as a weapon of war in the strongest possible terms and help to liberate women trapped in this conflict.
While the MDG's have highlighted the basic needs of the poor, women and children, the post 2015 agenda needs to take a rights-based approach that recognises that rights are indivisible. This means that all marginalised groups -the poor, rural dwellers, the disabled, sex workers, and sexual minorities among others -must be acknowledged and accorded their rights. "Rights cannot be given by one hand and taken away by the other hand" and there is need to avoid equating rights to morality.
Women have a right to security of person; to bodily integrity; to make decisions and choices over our lives and bodies, including the right to safe abortions.
While many of our countries have developed strong laws and policies, implementation is weak, and resources scanty. Let us not just look good on paper - let us walk the talk and it cannot be business as usual anymore but be it business unusual. We applaud the draft SADC position paper to the CSW for its insistence on dedicated resources for ending gender violence, and for calling on all SADC countries to measure the extent, effect, response and prevention of GBV to benchmark progress.
We meet in Maputo today in the aftermath of furious floods that have also just hit Mauritius. Climate change is no longer a theory. We are witnessing its devastating consequences on all our citizens, especially women and children. We commend the draft SADC position paper for making the link between climate and gender justice.
We take this opportunity to remind Our Ministers of their commitment on 18 November 2011, in the SADC Engendered Position Paper on Climate Change for CoP17, to develop an addendum to the SADC Protocol on Gender and Development to address issues related to Sustainable Development. Now that the SADC Gender Protocol is in force, we urge our ministers to seize this opportunity to place issues of gender and climate change squarely on the agenda through an addendum.
Since its adoption in 2008, the SADC Gender Protocol has demonstrated its relevance by being a living instrument, known, used and employed by its citizens. In March this year, country networks of the Alliance will be organising SADC Gender Protocol@Work summits in 13 countries. These will culminate in a regional summit in Johannesburg from 22-24 April. We call on our Ministers to support these efforts to accelerate the pace of change in the critical count down to 2015. "This is the SADC that Women Want"
Yes we can, and yes, we must! The Time is Now.
Delivered by Emma Kaliya on behalf of members of the SADC Gender Protocol Alliance.
Serena Polana Hotel, Maputo, Mozambique.
World Bank Unveils New Country Assistance Strategy to Support Malawi’s Economic Growth and Transformation
Will Malawians really benefit from this World Bank Programme?
WASHINGTON, 29 January, 2013 - The World Bank Group has released its new Country Assistance Strategy (CAS) to support Malawi’s effort to diversify the economy and make it more competitive and resilient to shocks. The four-year CAS, which was discussed by the Bank Board of Executive Directors today, will cover the 2013 to 2017 financial years, and proposes an indicative envelop of US$ 695 million.
The CAS is aligned with the Second Malawi Growth and Development Strategy (MGDS II, 2011–2016) adopted in April 2012. It takes account of the new government’s priorities of economic diversification, reducing vulnerability and improving infrastructure, to achieve sustained growth as outlined in its Economic Recovery Plan (ERP).
“Through this new Country Assistance Strategy, the World Bank Group is committed to continue to help Malawi accelerate progress towards poverty reduction and successful economic transformation. The total Bank commitment to Malawi currently stands at close to US$1 billion and will work closely with the Government and other stakeholders in ensuring strong development results are achieved through this new partnership” says Sandra Bloemenkamp, Country Manager for Malawi and Team Leader for the CAS.
The new CAS has three thematic areas to support the government of Malawi achieve the goals of its development strategy. The first theme promotes sustainable, diversified, and inclusive growth as a way of accelerating progress in reducing poverty. This will be done by helping the country achieve and maintain macroeconomic stability, invest in key infrastructure, improve the business environment, to promote competitiveness and support regional integration.
“Economic transformation and diversification will be key in reducing the country’s vulnerability to shocks. In order to make our growth more inclusive we need to expand our sources of growth as well as increase our productivity and the participation of our people in this process,” says Honourable Ken Lipenga, Malawi’s Minister of Finance. “This CAS is therefore very responsive and supportive of our country’s needs and programs to improve the lives of Malawians,” Lipenga adds.
The second theme is on enhancing human capital and reducing vulnerabilities. This is designed to accelerate progress towards the Millennium Development Goals and enhancing Malawi’s human resources. It will support delivery of social services such as education, water and sanitation, HIV/AIDS, and nutrition. It will also support efforts in climate change mitigation and adaptation, and natural resource and environmental management.
Mainstreaming governance for enhanced development effectiveness is the third theme. This theme comprises a cross-cutting effort to help government strengthen its systems, while also engaging citizens play their oversight role more effectively.
World Bank Group support will cover both investment lending and technical assistance and analytical work. The new CAS brings the Bank’s support and commitment to Malawi to about US$3billion since Malawi became a member of the Bank after independence. The new CAS will continue to support some already existing projects such as the Malawi Social Action Fund, Agriculture and Irrigation programs, investments in key infrastructure sectors such as Energy, Mining, and Water, Natural Resources Management, Education, HIV/Aids and Nutrition, and in Higher Education and Skills. Special attention will also be given to improve the public finance management systems, and improved public sector management and statistics.
The CAS acknowledges the considerable risks to successful attainment of the results targeted in the proposed program. These stem from the political environment for sustained commitment to the reform agenda, external and internal macroeconomic risks, weather-related shocks, risks from the lack of diversity of the economy, and risks arising from inadequate public sector management capacity and fiduciary and governance issues. “Effectively managing these risks will be important for Malawi to ensure optimum results from the World Bank Group support during the implementation of this new CAS” says Ms. Bloemenkamp.
Only time will tell!!!
WASHINGTON, 29 January, 2013 - The World Bank Group has released its new Country Assistance Strategy (CAS) to support Malawi’s effort to diversify the economy and make it more competitive and resilient to shocks. The four-year CAS, which was discussed by the Bank Board of Executive Directors today, will cover the 2013 to 2017 financial years, and proposes an indicative envelop of US$ 695 million.
The CAS is aligned with the Second Malawi Growth and Development Strategy (MGDS II, 2011–2016) adopted in April 2012. It takes account of the new government’s priorities of economic diversification, reducing vulnerability and improving infrastructure, to achieve sustained growth as outlined in its Economic Recovery Plan (ERP).
“Through this new Country Assistance Strategy, the World Bank Group is committed to continue to help Malawi accelerate progress towards poverty reduction and successful economic transformation. The total Bank commitment to Malawi currently stands at close to US$1 billion and will work closely with the Government and other stakeholders in ensuring strong development results are achieved through this new partnership” says Sandra Bloemenkamp, Country Manager for Malawi and Team Leader for the CAS.
The new CAS has three thematic areas to support the government of Malawi achieve the goals of its development strategy. The first theme promotes sustainable, diversified, and inclusive growth as a way of accelerating progress in reducing poverty. This will be done by helping the country achieve and maintain macroeconomic stability, invest in key infrastructure, improve the business environment, to promote competitiveness and support regional integration.
“Economic transformation and diversification will be key in reducing the country’s vulnerability to shocks. In order to make our growth more inclusive we need to expand our sources of growth as well as increase our productivity and the participation of our people in this process,” says Honourable Ken Lipenga, Malawi’s Minister of Finance. “This CAS is therefore very responsive and supportive of our country’s needs and programs to improve the lives of Malawians,” Lipenga adds.
The second theme is on enhancing human capital and reducing vulnerabilities. This is designed to accelerate progress towards the Millennium Development Goals and enhancing Malawi’s human resources. It will support delivery of social services such as education, water and sanitation, HIV/AIDS, and nutrition. It will also support efforts in climate change mitigation and adaptation, and natural resource and environmental management.
Mainstreaming governance for enhanced development effectiveness is the third theme. This theme comprises a cross-cutting effort to help government strengthen its systems, while also engaging citizens play their oversight role more effectively.
World Bank Group support will cover both investment lending and technical assistance and analytical work. The new CAS brings the Bank’s support and commitment to Malawi to about US$3billion since Malawi became a member of the Bank after independence. The new CAS will continue to support some already existing projects such as the Malawi Social Action Fund, Agriculture and Irrigation programs, investments in key infrastructure sectors such as Energy, Mining, and Water, Natural Resources Management, Education, HIV/Aids and Nutrition, and in Higher Education and Skills. Special attention will also be given to improve the public finance management systems, and improved public sector management and statistics.
The CAS acknowledges the considerable risks to successful attainment of the results targeted in the proposed program. These stem from the political environment for sustained commitment to the reform agenda, external and internal macroeconomic risks, weather-related shocks, risks from the lack of diversity of the economy, and risks arising from inadequate public sector management capacity and fiduciary and governance issues. “Effectively managing these risks will be important for Malawi to ensure optimum results from the World Bank Group support during the implementation of this new CAS” says Ms. Bloemenkamp.
Only time will tell!!!
Sunday, February 10, 2013
Joyce Banda Back to Her True Self
The sheep has gotten out of President Joyce Banda, as expected.
And, as naturally as it was artificial, she is Joyce Banda again.
What, you may ask, does this mean?
It means that Joyce Banda- the individual, and not the president- is back to her roots. These routes, experience shows, are stubbornness, utter ignorance, and verbal diarrhoea.
How?
It is so simple to respond.
President Joyce Banda has abandoned the innocence which characterised her escapades as Vice-President of the Republic of Malawi. During that time, Malawians with ordinary thoughts, ordinary hopes, ordinary brains, and ordinary fears remember- in their ordinary way- the Joyce Banda of that time: Humble, resolute, understanding, empathetic, and, we would say, loving.
No more.
As it turns out, President Joyce Banda was out to cheat the nation- even hoodwinking it into believing that here, on this very soil, was a woman born to deliver (both the goods, and the nation) from whatever it be.
It was never to be.
The Joyce Banda who leads Malawi is not the Joyce Banda we ever knew. She has changed. She has become addicted to money. To power. To anger. To stubbornness.To political bickering. To insults. To cheating. To castigating. To bad-mouthing. To name-calling.
And everything shameful.
That is what Joyce Banda has turned out to be.
A woman who doesn't represent the aspirations of the Malawian people anymore.
Her masters are the development partners she worships with both hands and feet.
All of a sudden, the president's family has become mega-rich.
They have, with the blessings of the president and her involvement, taken over the supply of food stuffs in public institutions.
They, lost in their dance of shame, have taken over the transport sector.
They, without any sense of reflection, have become the untouchables of Malawi. What with development partners who, just nine months ago, were against former President, the slain (according to Pride Magazine, current edition) President Bingu wa Mutharika, becoming her spokespersons?
Fuel prices have become as unpredictable as the Southerly winds.
Commodity prices go up the way they want.
The ordinary citizen's voice is no longer heard.
The poor salaries civil servants are subjected to no longer concern those in power.
President Joyce Banda is lost in her own world. Realising that the 2014 Presidential Elections are around the corner, she has gone on overdrive, fundraising for a campaign that, in the end, may not be there for her.
Three days hardly pass without hearing that Joyce Banda is addressing this, or that meeting. The president, it seems, has lost her sense of shame. At any particular time, she is ready to grace any occasion, including the flying of kites by children of between three years and 15.
Now, that is a shame. The shame of our time.
In fact, president Joyce Banda has adopted derogatory language these days. And her speeches cannot be gathered ,as we do with pebbles of sand, into one cup because they are so disintegrated they make no sense- except, perhaps, to herself and her zealots.
And this is not the Joyce Banda we all knew.
Let me put you into the picture of an innocent Joyce Banda we had, and one we will never have.
I remember, clearly, that in April 2003, I found myself interviewing Joyce Banda on the second floor of Sunbird Mount Soche Hotel. The interview took one hour. I was recording everything.
When we were threw with the interview, Joyce Banda told me: "Okay, I have changed my mind. Don't write anything from the interview. My United Democratic Front party seniors may be on my neck. THey will think I am talking something that contravenes the party on some issues."
Well,the issue in question was gender equality. And Joyce Banda was still not comfortable to talk about it, lest it offended her party masters then.
That, to say the truth, tells you of a Joyce Banda who was so sensitive to her sorroundings. Joyce Banda who cared. Joyce Banda who stood for the aspirations of Malawians women.
Shy. Reserved. Guarded. Caring. Loving. That was Joyce Banda for you.
No more.
As president, Joyce Banda has become greedy. Selfish. Mrs-Know-It-All. And everything associated with big-headedness.
That is why, due to this big-headedness, civil servants have threatened to go on strike this Monday.
Civil Servants Trade Union President, Eliah Kamphinda Banda, has made it clear that all civil servants will down their tools because their salaries can no longer keep up with the slippy cost of living.
What does President Joyce Banda do? She keeps quiet.
She doesn't care any more.
She is lost in her own world.
A lonely world.
And, as naturally as it was artificial, she is Joyce Banda again.
What, you may ask, does this mean?
It means that Joyce Banda- the individual, and not the president- is back to her roots. These routes, experience shows, are stubbornness, utter ignorance, and verbal diarrhoea.
How?
It is so simple to respond.
President Joyce Banda has abandoned the innocence which characterised her escapades as Vice-President of the Republic of Malawi. During that time, Malawians with ordinary thoughts, ordinary hopes, ordinary brains, and ordinary fears remember- in their ordinary way- the Joyce Banda of that time: Humble, resolute, understanding, empathetic, and, we would say, loving.
No more.
As it turns out, President Joyce Banda was out to cheat the nation- even hoodwinking it into believing that here, on this very soil, was a woman born to deliver (both the goods, and the nation) from whatever it be.
It was never to be.
The Joyce Banda who leads Malawi is not the Joyce Banda we ever knew. She has changed. She has become addicted to money. To power. To anger. To stubbornness.To political bickering. To insults. To cheating. To castigating. To bad-mouthing. To name-calling.
And everything shameful.
That is what Joyce Banda has turned out to be.
A woman who doesn't represent the aspirations of the Malawian people anymore.
Her masters are the development partners she worships with both hands and feet.
All of a sudden, the president's family has become mega-rich.
They have, with the blessings of the president and her involvement, taken over the supply of food stuffs in public institutions.
They, lost in their dance of shame, have taken over the transport sector.
They, without any sense of reflection, have become the untouchables of Malawi. What with development partners who, just nine months ago, were against former President, the slain (according to Pride Magazine, current edition) President Bingu wa Mutharika, becoming her spokespersons?
Fuel prices have become as unpredictable as the Southerly winds.
Commodity prices go up the way they want.
The ordinary citizen's voice is no longer heard.
The poor salaries civil servants are subjected to no longer concern those in power.
President Joyce Banda is lost in her own world. Realising that the 2014 Presidential Elections are around the corner, she has gone on overdrive, fundraising for a campaign that, in the end, may not be there for her.
Three days hardly pass without hearing that Joyce Banda is addressing this, or that meeting. The president, it seems, has lost her sense of shame. At any particular time, she is ready to grace any occasion, including the flying of kites by children of between three years and 15.
Now, that is a shame. The shame of our time.
In fact, president Joyce Banda has adopted derogatory language these days. And her speeches cannot be gathered ,as we do with pebbles of sand, into one cup because they are so disintegrated they make no sense- except, perhaps, to herself and her zealots.
And this is not the Joyce Banda we all knew.
Let me put you into the picture of an innocent Joyce Banda we had, and one we will never have.
I remember, clearly, that in April 2003, I found myself interviewing Joyce Banda on the second floor of Sunbird Mount Soche Hotel. The interview took one hour. I was recording everything.
When we were threw with the interview, Joyce Banda told me: "Okay, I have changed my mind. Don't write anything from the interview. My United Democratic Front party seniors may be on my neck. THey will think I am talking something that contravenes the party on some issues."
Well,the issue in question was gender equality. And Joyce Banda was still not comfortable to talk about it, lest it offended her party masters then.
That, to say the truth, tells you of a Joyce Banda who was so sensitive to her sorroundings. Joyce Banda who cared. Joyce Banda who stood for the aspirations of Malawians women.
Shy. Reserved. Guarded. Caring. Loving. That was Joyce Banda for you.
No more.
As president, Joyce Banda has become greedy. Selfish. Mrs-Know-It-All. And everything associated with big-headedness.
That is why, due to this big-headedness, civil servants have threatened to go on strike this Monday.
Civil Servants Trade Union President, Eliah Kamphinda Banda, has made it clear that all civil servants will down their tools because their salaries can no longer keep up with the slippy cost of living.
What does President Joyce Banda do? She keeps quiet.
She doesn't care any more.
She is lost in her own world.
A lonely world.
Friday, February 8, 2013
The increase in electricity tariffs is leading to Service Exclusion- CfSC
Addressing poverty continues to be identified as a major challenge for Malawian society and has been a central topicthat successive governments have attempted to tackle or at least pretended to do so. Commitments in Malawi Growth and Development Strategy (MGDS), pronouncements in the newly launched Economic Recovery Plan (ERP) and various key government documents underscore that view. However, in spite of all these attempts to address poverty the reality is grim: poverty in Malawi remains severe and widespread – a situation that leaves millions to grapple, on a daily basis, with the un-abating increase in food and essential non-food commodities.
The ever rising cost of living presents to the country an extremely serious challenge upon which all efforts must be concentrated so as to ease people’s daily suffering.
In carrying out the Basic Needs Basket survey for December 2012, CfSC experienced how the ever-increasing cost of
living is leading to “service exclusion” among low-income earners in urban Malawi. Service exclusion refers to lack of access to basic services, whether these are, in the home (such as power and water supplies) or outside it (for example access to transport).
Following the recent increase in electricity charges the CfSC research team found that almost half of the households where the monthly cost of living household data is collected from had their power disconnected
because they can no longer afford to pay for it. This sad development was witnessed in Mzuzu, Lilongwe, Zomba and
Blantyre cities. Households that participate in our monthly surveys explained that they opted to use “cheaper” sources of light and energy because they currently find Escom tariffs out of reach. In some cases, households were found to be excluded from both electricity and water supply.
Such firsthand experiences of urban poverty speak volumes regarding the extent to which the cost of living is dragging people into poverty and further deepening inequality. Actually, what is discernible in Malawian society today is that inequality in all its forms is so massively entranced, tearing whole communities, people and societies apart - between the “haves” and the “have-nots”.
Inequality exists between city and district and between regions, and within districts and
cities. For example, the gap between the centre of growth that is Lilongwe and the backwaters of poverty and inequality up north in Chitipa, exemplify the acute inequality gap between regions. Within Lilongwe city, the gap between the leafy suburbs of Area 43 and Area 10 and the squalor of Nchesi and Ntandire continues to widen and illustrate the nature of the inequality problem in Malawi society. Notwithstanding the debilitating and dehumanising effects, poverty and inequality undermine human dignity and development.
Grotesque forms of inequality that socially excludes people from accessing basic services hugely undermine economic growth and development. In his encyclical, Populorum Progressio, the document that addresses structured inequality, both between nations and between individuals, especially those relationships between rich and poor nations or rich and poor individuals, Paul VI exhorts that justice demand that such relationships be regulated in order to insure fairness when the poor are at a disadvantage. CfSC believes that “the first line of attack against poverty must be to build and sustain a healthy economy that provides employment opportunities at just wages for all adults who are able to work. Poverty is intimately linked to the issue of employment.
Employment, especially in the private sector, would promote human dignity, increase social solidarity, and promote self-reliance of the poor”.
CfSC Basic Needs Basket survey for December 2012 established that the cost of living for an average low-income
earning family of six continues to soar in all the cities of Malawi. In Lilongwe, the total cost of basic food items and essential non-food items such as housing, water and electricity for the month of December was K91, 632 compared to K88, 737 in November, 2012.
This unrelenting upward adjustment was largely as a result of price increases in the staple
maize and other food items like beans. For instance, the staple went up by 20% in Lilongwe, 14% in Zomba, 12% in
Blantyre while in Mzuzu it went through the roof by 47%. The unprecedented increase in maize prices in Mzuzu is
attributed to cross-border trade and smuggling of the grain to Tanzania which has dramatically pushed up the prices.
The average total cost of basic food items and non-food items for all the cities for December was K84, 463 signifying a nominal increase of K4, 949 when compared to the November average which was at K79, 514. Whether people can access their basic needs or not has serious implications on individual and family well-being and consequently, the future development of the country.
Because poor households devote over 50% of their income to buying food items, the sustained increase in food prices substantially reduces their income. Relating this to the tax measures provided for in the 2012/13 national budget, the increase in the zero percent threshold for PAYE from MK12, 000 to MK15, 000 and also increasing the 15 percent bracket from MK3, 000 to MK5, 000 were welcome developments in the light of high cost of living. However, the gains made have since been eroded by not only the high cost of food but also by the recent unprecedented increase in the cost of electricity.
In real terms, therefore, the tax relief has not had a positive increase in the purchasing power for the
employees, especially those with lower wages. The constant recommendation to further increase the zero percent
threshold for PAYE so that low-income earning employees have more money in their pockets would not only give relief to such a group of employees, but would also help to stimulate the economy. Broadening the tax base to also include the informal sector should be implemented if some relief is to be provided to the few formal sector employees.
Before We Forget: Rudo Mawere murder suspect found dead in UK
RTE News of Ireland Wrote on Thursday, 02 February 2012
The main suspect for the murder of a Malawian woman, whose body was found in a travel bag in Dublin last weekend, has been found dead in the UK.
The body of Rudo Mawere, 26, was found by a person out walking near St David's Terrace on Sunday morning.
Gardaà believe she was killed on Saturday afternoon. It is understood the bag was placed on the street at some stage before 7pm on that day.
Ms Maware had been living in Ireland for the last two years.
Gardaà had been searching for an African man who had been in a relationship with her.
They searched his flat on Aughrim Street earlier this week, but he had fled the country.
Gardaà were informed this afternoon that the man had died in Higham, Kent in England.
In a statement to RTÉ News, Kent Police said a man, believed to be a Zimbabwean national, was found dead at about 9am this morning in a wooded area by a dog walker. Foul play is not suspected.
Gardaà have been liaising closely with their colleagues in Northern Ireland and England since Ms Mawere's body was discovered.
Lest We Forget!!!
Wednesday, February 6, 2013
UNICEF scales up support to Malawi’s Flood Victims as rains persist …… floods hit over 53, 000 people, displaces over 33 000 and destroys 21 schools
UNICEF, partners and the Government of Malawi are scaling up emergency assistance in Malawi after flooding has hit the country’s southern region. A recent inter-agency assessment estimated that over 33,000 people have been displaced leaving many people without shelter or clothing. Crops have been destroyed in Mangochi, Phalombe and Nsanje districts, while over 20 schools have been disrupted, affecting thousands of children.
“Communities, government, NGOs and the UN are working together to avert a humanitarian disaster,” said Mr. Mahimbo Mdoe, UNICEF Country Representative in Malawi. “But the rains are persistent and we remain on high alert as the flooding spreads to other areas.”
The persistent rains have destroyed roads making access to flooded areas difficult for the delivery of relief materials. Food, emergency shelter, medical supplies and other non-food household items such as blankets, buckets and pots are urgently needed for the affected families. The flooding has also compromised access to safe water, sanitation and overall hygiene in the affected communities.
In response, UNICEF is providing communities with a combination of water, sanitation and hygiene-related supplies. Supplies include chlorine, soap, water purification chemicals, plastic sheeting for construction of temporary bathing and latrine shelters, as well as hygiene awareness campaigns to prevent the risk of cholera.
Many displaced families have sought shelter in schools using them as kitchens and bedrooms resulting in considerable damage to school furniture and disruption in learning in at least 20 locations. UNICEF has provided the school-in-a-box supplies to ensure that quality learning resumes in the affected primary schools.
“Vital supplies are getting through to stricken communities,” said Mr. Mdoe. “But as UNICEF we remain vigilant, monitoring childhood diseases, ensuring schools are functional and that children go back to learning.”
Despite the flooding, Mangochi, Phalombe, and Nsanje are also among the districts hit hardest by the current drought, which has left nearly 2 million people food insecure and children at a high risk of malnutrition and disease across the country.
“Communities, government, NGOs and the UN are working together to avert a humanitarian disaster,” said Mr. Mahimbo Mdoe, UNICEF Country Representative in Malawi. “But the rains are persistent and we remain on high alert as the flooding spreads to other areas.”
The persistent rains have destroyed roads making access to flooded areas difficult for the delivery of relief materials. Food, emergency shelter, medical supplies and other non-food household items such as blankets, buckets and pots are urgently needed for the affected families. The flooding has also compromised access to safe water, sanitation and overall hygiene in the affected communities.
In response, UNICEF is providing communities with a combination of water, sanitation and hygiene-related supplies. Supplies include chlorine, soap, water purification chemicals, plastic sheeting for construction of temporary bathing and latrine shelters, as well as hygiene awareness campaigns to prevent the risk of cholera.
Many displaced families have sought shelter in schools using them as kitchens and bedrooms resulting in considerable damage to school furniture and disruption in learning in at least 20 locations. UNICEF has provided the school-in-a-box supplies to ensure that quality learning resumes in the affected primary schools.
“Vital supplies are getting through to stricken communities,” said Mr. Mdoe. “But as UNICEF we remain vigilant, monitoring childhood diseases, ensuring schools are functional and that children go back to learning.”
Despite the flooding, Mangochi, Phalombe, and Nsanje are also among the districts hit hardest by the current drought, which has left nearly 2 million people food insecure and children at a high risk of malnutrition and disease across the country.
THE AFRICAN UNION SADDENED BY THE DEATH OF 68 AFTER HEAVY RAINS IN MOZAMBIQUE
PRESS RELEASE N0. 07/ 2013
THE AFRICAN UNION SADDENED BY THE DEATH OF 68 AFTER HEAVY RAINS IN MOZAMBIQUE
The Chairperson of the Commission of the African Union (AU), H.E. Dr. Nkosazana Dlamini-Zuma, on February 4 received with great shock and sadness the death of some 68 Mozambicans after recent heavy rains in Northern and Central Mozambique, which have affected 350,000 people and displaced nearly 170,000.
The floods, which have also hit neighboring South Africa and Zimbabwe, are the result of days of torrential rains that swelled the Limpopo River.
Dr. Dlamini-Zuma is very concerned by the shortage of food for flood victims and commends all the various relief initiatives underway.
She further calls upon the international community to assist the Mozambican government in its effort to put in place structures for managing and mitigating the floods impacts.
SKD / ETA
President Joyce's Banda Tackles Corruption
SPEECH BY
HER EXCELLENCY MRS JOYCE BANDA
THE PRESIDENT OF THE REPUBLIC OF MALAWI
AT
THE COMMEMORATION OF
THE NATIONAL ANTI-CORRUPTION DAY
AT
MANGOCHI AIR WING, MANGOCHI
TUESDAY, 5TH FEBRUARY, 2013
Your Excellency, Chief Justice Richard Banda, Retired.
Your Honour, Right Hon. Khumbo Kachali,
Vice President of the Republic of Malawi.
Hon. Ralph Kasambara, Sc, Minister of Justice and Constitutional Affairs.
Rt. Honourable Henry Chimunthu Banda, M.P. The Speaker of Parliament.
Your Lordship the Chief Justice, Hon. Lovemore Munlo, Sc.
Mr. Bright Msaka, Sc, Chief Secretary to Government.
Justice Rizine Mzikamanda, Sc, Director of Anti-Corruption Bureau.
Members of the Diplomatic Corps
Bishop Dr. Joseph Bvumbwe, Chairman of the National Integrity Committee,
And members of the Committee here present
Hon. Dr. Clement Chiwaya, Member of Parliament for Mangochi Central Constituency.
Mr. Thomas Chirwa, District Commissioner, Mangochi District Council.
Leaders of various Political Parties
Members of the Civil society
The Media
Distinguished invited guests
Ladies and Gentlemen
It is a great pleasure for me to preside over this year’s Commemoration of the Anti-Corruption Day here in Mangochi. Today is a very important day for our nation as we commemorate our efforts in the fight against corruption. Today we reflect on our successes and challenges in uprooting the dangers and evils of corruption in our society under the theme ““Media; a Partner in the Fight Against Corruption.”
Distinguished Ladies and Gentlemen,
As you all may be aware, Malawi suffers corruption in many different ways: from high level corruption to simple bribery that impedes service delivery. In the past, corruption has been enforced by patronage and nepotism that has exacerbated inequality and poverty in Malawian society.
Since the launch of the National Anti-Corruption Strategy in 2008, the framework for dealing with corruption does exist in the country. Furthermore, Malawi has a very good Constitution and strong anti-corruption laws to fight corruption. Coordinating structures and initiatives by civil society and private sector do exist to support government efforts to fight corruption.
However, there is a very big disparity between institutional framework and practice. As you may recall, during my speech to Parliament on May 18th, 2012, I observed that Government was losing a lot of resources to cases of fraud, embezzlement and misprocurement in ministries, departments and statutory corporations. According to Transparency International Reports, Corruption is seen to be particularly severe in the police, registry and permit services, customs and the judiciary.
Distinguished Ladies and Gentlemen
When I took office, our country faced numerous social economic problems. My Government decided to implement the economic recovery plan as a roadmap to recover the economy. One of the strategies of the economic recovery plan is to ensure a systemic approach through the Projects Implementation and Monitoring Unit, to monitoring implementation of Government projects which in turn has a greater impact on overcoming corruption.
In the past, Government efforts to fight corruption have been caught in a vicious cycle where as a country we have not broken through. This calls for new strategies in dealing with corruption in the country.
Distinguished Ladies and Gentlemen
My Government is aware that our nation is facing tremendous forces against the economic recovery plan. One such major evil force is corruption. Corruption, if left unchecked, will erode the moral values of our society and retard the development course of our nation. Corruption is evil and if unchecked, will drain the necessary available resources for putting our economy back on track. Corruption frustrates Government efforts for rebuilding the economy. Corruption benefits a few greedy individuals and hurts the poor most. It diverts public resources from essential social services such as hospital drugs and the building of public infrastructures. This is why my Government is determined to fight corruption to the bitter end in order to create a corruption free Malawi where social and economic development flourish.
Distinguished Ladies and Gentlemen
Through the economic recovery plan, I have also initiated Ministerial Delivery Meetings to enhance efficient and effective delivery of public service. During these meetings many structural deficiencies have been identified and corrected. For example, in some Ministries and departments, very junior officers were chairing internal procurement committees and because of low level of responsibility, issues of compliance and accountability were overlooked. I have since directed that the Principal Secretaries and Controlling Officers should personally chair the Internal Procurement Committees and remain personally accountable for procurement in Government.
It was also noted that many projects could wait for months because a “no objection” response was not received either from the Office of Director of Public Procurement or Ministry of Justice. As a result of such delays, many projects were either not implemented and lost financing or implemented very late. During these delivery meetings, I have directed that if a ministry does not receive feedback for three months, for whatever reason, it will be granted that the “no objection” clearance has been authorized.
Distinguished Ladies and Gentlemen,
It is my reasoned view that for us to fight corruption, we need to build an efficient and effective public service that delivers on its mandate. For us to fight corruption, we need policies that emphasize equity and development. My Government is committed to ensure that we fight poverty by creating wealth and jobs so that people have access to decent incomes. My Government is developing new and unconventional ways to overcome corruption.
In this regard, my Government is building capacity of our security agencies to redirect their efforts to economic intelligence where we can uncover many networks and rings that are undermining our economy. I want to warn anyone who engages in corruption, wherever you are, that very soon you will be exposed.
Distinguished Ladies and Gentlemen
My Government is aware of the important role that various sectors play in the fight against corruption. You will all agree with me that corrupt free public and private institutions are vital for the development of our nation. As I said earlier on, corruption undermines the effective service delivery of our institutions, hence the need for concerted efforts to eradicate all forms of corrupt practices in all sectors of our society.
This function today presents yet another platform for my Government to reiterate our stand that we will not tolerate corruption at any level in this country. Today, as we commemorate the National Anti-Corruption Day, I wish to send a stern warning to Government Departments and all other sectors including private sector, that my Government will not allow its development efforts to be undermined because of selfish individuals who wish to enrich themselves by diverting public resources meant to uplift the life of our people. Such unscrupulous individuals will not be left scot free. This administration will ensure that corrupt practices when reported are thoroughly investigated, efficiently prosecuted and those found guilty are punished accordingly.
To demonstrate my Government’s commitment to fight corruption, we have appointed a respected judge of the Supreme Court of Appeal so that the Anti-Corruption Bureau can regain its respect and integrity in society.
My Government is also committed to ensure that the Office of the Auditor General exercises independence and professionalism in the discharge of its duties.
To that end my Government will ensure that these public accountability institutions including the Anti-Corruption Bureau and the Office of the Auditor General are appropriately resourced to enable them operate independently, efficiently and effectively. The Bureau must not be used as a tool for witch hunting. The Bureau must be allowed to carry out its work professionally, impartially, fairly and without any interference.
Let me make this very clear, here and now, that this President, standing before you, is determined to get to the bottom of corruption in this country. There will be no sacred cows; no protected species and no special ones. As for the Bureau and the Auditor General I want you to fully join me on this crusade to rid mother Malawi of this evil.
Distinguished Ladies and Gentlemen
Today I am pleased that Government is partnering with the media in our commemoration of the National Anti-Corruption Day. The media is our partner in the implementation of the National Anti-Corruption Strategy, a policy document that Government, through the Anti-Corruption Bureau, is using to involve various sectors in the fight against corruption in this country.
The theme for this function: “Media; a Partner in the Fight Against Corruption,” underscores the importance of the media in making our country, a corrupt free nation.
The media has the power to reach out to all Malawians and inform them on the evils of corruption and how everyone should take part in the fight against corruption.
In the fight against corruption, the role of the media is to support Government in disseminating messages on evils of corruption, foster the support of public in the fight against corruption and expose corrupt practices in different sectors of our society for the law to take its course. This is why my Government values, supports and upholds press freedom.
The role of the media is neither to frustrate government in its efforts to develop the nation nor to confuse the public, but to partner with Malawians in advancing anti-corruption drive for sustainable development of our nation.
While my Government values and supports media freedom, I wish to appeal to all media houses to act with maturity and responsibility as you reach out to the people. The media should be a force to build our nation, not to destroy it through publications or airing of malicious fabricated stories for personal benefit.
Government is pleased however, that most media houses are supporting our anti-corruption efforts as demonstrated by your presence today. I wish to commend you for your support to my Government.
I would also like to thank the media pillar for the gifts that you have given to me. I will be listening to news on that radio. I will also use the dictionary as I read.
Lastly, I want to thank our development partners for their support in the fight against corruption in this country. I also wish to commend the efforts that are being made by the Anti-Corruption Bureau in the fight against corruption. I know it is tough but I encourage you to keep up the good job. You have a friend at State House in the fight against corruption.
Thank you very much and May God Bless Malawi
Lulu's Walk Into Malawi's Music Spotlight
A boy, aged seven, decided to abandon the traditional music fashion of the time and strike out into the dark night of Malawi music.
“I remember that, that time, my father was a member of a quartet that used to rehearse at our house. Those encounters kindled my interest in music,” says Lulu, alias Lawrence Khwisa. I, then, found myself singing at Church after becoming a member of the Praise Team at Kawale Assemblies of God Harvest Temple,” says Lulu.
And, so, begun a music journey that has become characterized by the fusion of R & B and Pop music.
His acquaintance with music equipment can be traced to the moments other band leaders failed to turn up at church. When the drummer failed to turn up one day, Lulu found himself beating the drum. Later, when other instrument players failed to turn up, could play the piano, the guitar, until he could have a go at all the equipment.
That Lulu comes from a musical family- replete with a father who could join the quartet after knocking off from his work as head mechanic at Whole Garage- is not an issue; the issue is his choice of music. While walking in the predictable footsteps of traditional music icons such as Dr. Daniel Kachamba, Allan Namoko, Robert Fumulani, Michael Yekha, Stonard Lungu was supposed to be a natural choice for an upcoming musician, Lulu chose to be iconoclastic by condensing the traditional patterns of singing into a few quatrains, thereby satirising all forms of memorial in so doing.
Emptying his mind of its old beliefs, he programmed his mind to lapse into a mood of quiet disillusionment where, with a fresh eye and senses uncorrupted by familiarity, it gazed upon life’s little lessons “as they were”.
“I decided to be different. I decided to fuse R & B and Pop, and compliment the instruments with mature Chichewa messages so I could relate very well with Malawians. So far, it seems that I have made inroads as both the youth and adults like my music. Most youths are into American music, and can relate to my music. As for adults, they like the serious tough in my songs because Sindiyimba zachibwana, zogemula ena (I’m not into beef music),” says Lulu.
That is how his journey, starting from the slow match and muffled drum at church, has become recognised in its own right. It was a new world from the first drum beat to the last shout; and he is committed to maintaining the status quo.
A new world despite the repetition of the old themes that continue to offer a quick release from mental turmoil.
Curving a niche
Lulu’s music, as a meditational exercise, reflects the goings-on in Lulu’s world. And, like many forms of meditational exercise, his themes of God’s love and divinity, human affection, equality, love’s infallibility, blind loyalty, among others, is a search for a world commensurate with his desire for three-tier harmony between people, God, and natural resources.
This is reflected in his three albums namely Mbambande, released in 2004, Kumalembe, and Sindilola- released on his return from the United Kingdom, where he went to play with Lucius Banda’s Zembani Band.
At his best, as in ‘Sindilola’ and ‘Kumalembe’, he shelves and dissolves life’s experiences in hybrid lyrics and vocals while his mature message, like wraths, settle in the melted ears and melted hearts of his audience.
His voice, like a finger that touches every wound, reshapes life’s general motifs of burning desire, sheer grace, endurance, vigilance. In these transitional songs, Lulu goes a long way beyond traditional romantic notions of order. In short, he becomes a modest, a man of the future living in the present and, in a way, a man against the crowd.
A song titled ‘Kumalembe’, with its reference to the persona’s dead, but beloved, mum, describes how life has evolved into a mound of hard experience- a form of a concentration camp- and how the persona’s last vestiges of hope have all but vanished.
“I decided to be different from the onset, one of the steps involved turning myself into a Jazz guitarist. My background has played into it as well. I used to be an R&B fanatic who used to like R. Kelly, Steven Wonder and grew up listening to American Gospel music.
“In fact, I was taught by people from the United States, and that’s why you find American elements in my songs. I just add African themes to my fused music,” says Lulu, Born 7 May 1985.
He credits daily rehearsals for the consistency in his music.
“And that, I think, is the reason Kumalembe and Sindilola sold more copies on the local market. I sold more through CDs and DVDs, as opposed to Compact Disks, because the Malawian music market is in three levels: That of tapes; with CDs only, and; thirdly, the level where both CD and DVD sell like hot cakes.”
Defining Lulu’s music
Is Lulu a Gospel or secular musician?
“Well, the truth is that I feel more comfortable composing Gospel songs because I don’t need to write. Having been in the church for some time, I have gotten used to scriptures, and they just come to you. I find it easier to compose Gospel songs than love.
“It is a bit taxing to compose a love song because I have to ask myself so many questions like: How do people in love feel? What is it they think about, or do, often? I need to work at a concept, piece together letters, and see what I have to write down,” says Lulu.
Lulu tears into perceptions that one can only be a God-fearing artist if they call themselves Gospel musicians.
”I don’t understand that argument because, for someone to sing the way I do, it is because of the power of God. God loves people who love him, and He knows I love Him. Singing secular does not mean one worships the devil, ” says Lulu.
Getting off age
Lulu seems to be growing with the times, if his decision to form Mathumela Band in 2010 is anything to go by.
“People have been asking me: Why form a band when you, sometimes, perform with Zembani Band? Well, the two (bands) are different. Mathumela was formed to cater for my kind of music, and is a band for the future. We are not into live music performances every week.
“Mathumela is there to prepare Malawians for the kind of music they will like in years to come. At the moment, I feel like some Malawians don’t appreciate a strong message. That is why Mathumela is for the future- songs that people should think hard to get to the root of the meaning,” says Lulu.
But things have started well for Mathumela, which is in partnership with the Reserve Bank of Malawi, and is invited to perform at the Central Bank’s events.
However, the band is far from producing its maiden album, though Lulu maintains that the band mebers are concentrating on jelling.
The forth turn
Lulu is in the studios, cooking his forth album.
“I am doing the mastering at the moment. In fact, some of the songs will be on air by February. I want to produce a 10-truck album but I haven’t come up with the title yet. I want to call people who understand music, the likes of Lucius Banda, and ask them to help me choose only 10 tracks because I have more songs,” says Lulu.
Facing the future
The musician bemoans that, unlike in South Africa, where House, Kwaito and other genres are unmistakably identified with the Rainbow nation, there is no music that can be identified as purely Malawian.
“It is difficult to create a Malawi music identity because the pioneers chose to play their own type of music. So, those who want to survive on the market have no choice but to sing what people are already used to. The other problem is that, while most local musicians are not blessed with lilime lachizungu (Western tongue), they try to imitate Westerners, and this renders penetration into foreign markets difficult,” says Lulu.
One of the people who have worked closely with Lulu, veteran musician Sir Lucius Banda says Lulu’s music is an indication that Malawi’s music has a bright future.
“Lulu is a fine musician, and his music is of international standard. In fact, you can not compare him with other musicians of his age because of the maturity in his songs, and his mastery of equipment,” says Banda.
Banda says Lulu is one of the success stories from Zembani, adding that the success of most musician who have been associated with Zembani Band at one point in time points to the fact that, given he right resources, Malawian musicians can stand among Africa’s best in music.
Living our accidents: The story of artist Elson Kambalu
He has since learned to turn his silence into an ecstasy of imagination.
But visual and performing artist Elson Kambalu is quick to confess that, as recently as 1999, his silence used to be riddled with regrets and unanswered questions.
“Having just graduated with a Bachelors Degree in Business Administration from The Polytechnic- a constituent college of the University of Malawi (Unima)- and a postgraduate Diploma in Marketing from the Chartered Institute of Marketing, I was busy looking for a job,” Kambalu says, adding:
Adds Kambalu: “I had not yet discovered the artist in me and was busy looking for a job. I found none, and that, kind of, affected me. I could sit down and ask myself all sorts of questions. All I could do, during my quiet hours, was to think about this and had no time to think about other things I could do with my life.”
Artistic rebirth
As it were, his flight to the world of employment soon crashed, but, still, Kambalu failed to hear the distant, rumbling calls emanating from visual and performing arts.
Fortunately, the reign of this state of confusion was short-lived.
“I found myself experimenting with art. I started by scribbling down hopeless figures and, somehow, came to realise that there was an artist in me. This happened by accident, though; I found myself in the arts by accident,” Kambalu confesses.
His subsequent interaction with visual artist Nyango Chodola, combined with his interest in the art works of David Kelly, and Cuthy Mede, a pre-colonial artist who once lectured at Unima’s Chancellor College.
Thus begun the artistic journey of Kambalu, a man of two homes: Blantyre and Lilongwe.
The La Galleria Africa Director has moved from the undesirable position of job-keeper to the creator of visual art products. Who would have known, 14 years ago, that Kambalu would be staying amid things that do not even realise the world they are in- making a living out of the imagination, brushes, paints, easels, art papers, canvasses, sketching pads, among others?
Kambalu’s discovery and curiosity have opened a new world of self-consciousness for him, so much so that he has turned a despairing situation into fruitful life. He has even converted the banquet table of his Bachelors Degree in Business Management and Post Graduate Diploma in Marketing into a refuse dump of history.
His is a world away from business calculations, mathematics, though he still needs his marketing skills to market his, and other artists, works. Buoyed by the ambition, he wants people who have indicted language for causing so many upheavals in life to, equally, indict sculptures on the same charge.
“As a self-taught artist, I have come to realise that art works can stimulate debate and inform a nation’s conscious. That’s what I do. That’s what I want to do,” Kambalu says.
Curving a niche
Watching Kambalu translate his imaginations into visible features on the canvass, one is convinced the man adores his new-found ‘friends’. With his hands, he ‘breathes’ life into the shadows of his won imagination.
Sometimes, he says, the ideas are roused from what he knows to be real life experiences. Sometimes, they are simply a rectitude that mimics his struggles and triumph. But, mainly, they are about growing up.
A close observation of Kambalu’s works reveals that they are much about harmony as they are about the conflict that comes with growing up. From the time one sets their eyes on, say, his ‘The Uprising’, an abstract piece of words depicting rising lines that represent opposing forces attempting to get the best out of each other.
“I mainly explore the theme of growing up. There are many things an artist can explore around this issue,” Kambalu says.
That is how the forth-born in a family of eight has been keen to offer arts’ zealots lessons that self-discovery excites human beings in much the same way as it deceives. The excitement that comes after puberty, he enthuses, replete with its wrings with wrong and right, have shaped a life-long career for him.
Kambalu is also quick to point out that, apart from exploring issues of growth and discovery, he is also inspired by his past, and is, sometimes, tempted to depict some facets of that fresh past in his works. His cause is also helped by his interest in people and artistic books.
“At artist should have talent, hard work, develop interest in a wide range of issues, and be educated, to some level. It is because of education that I took to arts’ books. These helped me discover what I was good at, and the sort of stories I had to tell. It also helped me develop perseverance as I developed my skills,” Kambalu says.
Man of three faces
While at was, at first, like a thought too strange to house within Kambalu’s brain, he has grown accustomed to it. In fact, once he made that discovery that “I had a sense of shapes and figures”, his prowess and ambition have shrunk not, establishing him as one of Malawi’s most talented visual artists.
“My farce (at not securing employment), I found, was not tragedy. It, instead, helped me concentrate on learning and nurturing my new-found artistic skills in four grueling years of learning and practice since 2000.
“Today, I cannot believe it that I have evolved into a curator (someone who works of behalf of others to collect art works), art entrepreneur- as owner of La Galleria Africa in Lilongwe- and artist,” Kambalu says.
A hand the reacheth out
While Kambalu seems contented, he decries that Malawi is short on art schools, saying the country needed more institutions such as Bishop Mackenzie and Kamuzu Academy to nurture the country’s raw talent.
“Sometimes, I am made to believe that I am very fortunate that I have attained what I wanted to attain in art. I have also learned a lot from managing my own art gallery, which I bought from Lois Lossaco (owner of La Carvena Art Gallery in Blantyre) last year.
“But others are not that lucky, mainly because we have few art schools in Malawi. That is why on Tuesday, January 15, 2013, I opened Blantyre Art Club in Sunnyside. We want it to be the starting point for people who want to study the arts in this country,” Kambalu explains.
Blantyre Art Club has started offering lessons in visual and performing arts, and is self-funded by Kambalu. Visual art covers drawing, painting, sculpture, and fashion designing, while performing arts has guitar lessons, film making lessons and theatrical performances, voice lessons, among others, on offer.
Kambalu says these lessons are being offered during after-school hours to enable students attend lessons while going ahead with their formal education. Adults are also drawing lessons from Kambalu’s walk in art.
The home of Blantyre Art Club is the studio Kambalu used while working for Liverpool Wellcome Trust –which has just renewed his contract as an Artist-in-Residence, a task that entails working with medical scientists and studying their world- and depicting the same in his art works.
“I want to be in the middle of efforts to create a new generation of artists. I find that the landscape of visual artists in Blantyre lacks fresh energy. The majority of artists seem to be from the 1960s, 70s. What happened to artists born in the 80s? They haven’t been mobilized. That is why I want to concentrate on education other than the finished products,” Kambalu says.
He says also bemoans that local artists are yet to suck from the productive tits of technology, a development he says has hindered their visibility.
Struggles beyond art
Kambalu, “the self-taught artist who hides his real age”, can, sometimes, get into the limelight for historical, other than artistic, reasons. For instance, he was involved in a battle to preserve the first District Commissioner’s office in Lilongwe a couple of years ago.
This was after the government decided to sell the piece of land to foreign direct investors who wanted to construct a shopping complex at the place.
“I was in a bus, and saw people chopping down trees. I did not like the destruction of that monumental building and took the issue with the Ministry of Culture, which suspended the project. I felt so good and proud of myself,” Kambalu says.
This willingness to wrestle the buffalo by the horns could, perhaps, be behind the former Visual Arts Association of Malawi secretary general’s decision to no longer belong to the association.
“It’s true that I used to belong to the association. But I left because, I think, of my radical ideas. I remain in good touch with over 100 members, though,” Kambalu says.
As Kambalu goes back to his silence of ecstasy, he sees, from the transparent windows of Blantyre Art Club, the artistic sunlight creeping, inch by inch, into the new dawn of Malawi arts!
From 'Son of a Poor Man' to 'Time: The Tale of Lucius Banda
With his back to the sea, Lucius Banda seems to have welcomed, faced, and shrugged off competition as one who faces the concourse while holding on to the strand of hope that money is not the real issue but, rather, the satisfaction that comes with the right to express oneself through the only medium he has ever known and loved: Music.
The veteran musician also hastens to say that the influence he has imposed on the local music scene lies both in his origins- as one born in a music-loving family that counts the likes of Sir Paul Banda among its fold- and his temerity to adapt to changing national moods.
“It’s these things that have motivated me and helped me remain relevant. It’s not the money at all; it’s my love for music, and my commitment to music,” Banda says.
“I have never looked at music as, merely, a source of income. Rather, it is something I love to do, and shall continue to do even if I were to become the Head of State and Government. You may wish to remember that, during the time I was Member of Parliament, I continued to compose songs and hold live performances,” Banda adds.
Lucius says, apart from embracing the impulse to identify with the voiceless and marginalised, the fact that music is a global language has helped him compose songs that cater for the emotional needs of members of a diversified audience, thereby giving life experiences the autonomous meaning of value irrespective of context. No wonder that, as expected, people of various backgrounds and age groups have nodded assent to his compositions.
In deed, for over two decades, Malawians have laughed as his levity spreads, and moaned with his voice whenever he has, through his 16 albums, exercised his mind’s capacity to alter human moods. Music lovers have, many a time, turned their heads towards the stage and appreciated, at the sight of Lucius performing live, whence the merriment springs.
The musician says, since day one, he has had no time to relax on middle ground, and maintains that artists still have a lot on their plate to change many facet of life, and bring real development to the less privileged.
When Lucius set out on a music journey that has become his life-long pursuit, he was known for his hard-biting compositions in which, as a lone soldier, he took on the powers-that-be for the sake of the voiceless. Hits like ‘Mabala’, ‘Mizimu’, ‘Ali ndi Njira Zawo’ bear testimony of the militancy that characterized his music.
“Those songs were composed to remind Malawians about where we are coming from, how to live harmoniously with fellow human beings, how to keep in touch with the governed- on part of rulers-, and about God’s love towards human kind,” Banda says.
He says his pioneering songs concentrated on condemning the old excesses of power because, in his view, it becomes a tragedy of enormous proportions when people lose their sense of history and belonging. In order to control the present, he enthuses, one needs to be steeped in the past, and compares failure to learn from the past to losing some vital dimension of one’s intelligence.
Today, while politics still dominates the theme, his songs have also stretched to the themes of love, religion, culture, among others.
The emergence of a new generation of urban musicians- the likes of Lulu, Mafunyeta, Young K, JB, Atumwi, Dan Lu, Issu- has also forced the best out of the Balaka-based musician. In those early years, Lucius, along with artists such as Paul Banda, Charles Sinetre, Cos Chiwalo, Charles Nsaku, gave prominence to the so-called Balaka Reggae.
Today, however, the musician has adapted to changing music tastes by sailing with the wind, but without losing his original touch of maturity, surprise, and constructive criticism.
“I am into every genre now. I compose Jazz songs, Rhumba, Ragga, fusion of traditional music, and almost every type of music because an artist has to remain relevant,” Lucius says.
But, if love and transitional sounds have become the twin roots of his music now, his knack to take on society’s privileged, although a little withered, has not died completely.
The hand of time
Lucius, having been perfected by the hand of time, now takes time to think over the many opportunities and challenges presented to him by time.
The musician reveals that he is doing the final touches on his 17th album aptly titled ‘Time’.
“Everything occurs according to time- the set time, to be specific. That is why we say there is time for everything. It is for this reason that I have been in the studios, recording my next album whose title track is ‘Time’. We started recording it a long time ago, in February last year, and have been working on the final touches,” Lucius says.
He says Malawians should expect the best out of him, disclosing that his latest work is a mixed bag of genres. Urban youths have, also, not been left behind, as the album has its fare share of their favourite music.
“Let me say, however, that the title track doesn’t imply that I have been thinking that it’s time I called it quits on music. I will not quit music because music is like food, and cannot be abandoned. If anything, it’s a question of growing with time,” Lucius says.
The album, replete with 15 tracks, also features international musicians such as South Africa’s Hugh Masekera in a move Lucius described as a step towards consolidating inroads made on the international scene.
He says making it big internationally has remained his life-long goal, adding that this is why he is featuring international acts.
“It’s not only Hugh I have featured. We also have Tutukani Xcele. We want to bring new things,” he says.
New things aside, what remains predictable about the new album is that Lucius has maintained his cogent communication ally of all time: The use of Chichewa as a dominant mode of relating to his audience, with English songs making just five tracks.
MISA MALAWI STATEMENT ON VISIT TO MALAWI BY SPECIAL RAPPORTUER ON FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION IN AFRICA
For Immediate Release
Tuesday, February 5/2/13
The Special Rapporteur on Freedom of Expression and Access to Information in Africa, Commissioner Pansy Tlakula, is in the country to hold a consultative meeting on decriminalization of laws limiting freedom of expression in Malawi.
The consultative meeting will bring together organizations that have worked on decriminalization of laws limiting freedom of expression in Malawi in the past, those that are well positioned to do so in the future, as well as representatives of media groupings whose activities are most jeopardized by the existence of these laws. The meeting is scheduled to take place tomorrow (Wednesday) at Crossroads Hotel, from 8:30 am.
The meeting is designed to build on past efforts and lessons in decriminalizing free speech and explore existing opportunities for immediate advocacy and/or litigation and roadmap for a sustained advocacy campaign on decriminalization of freedom of expression in Malawi.
Commenting on the Special Rapporteur’s visit, MISA Regional Chair Anthony Kasunda has described it as a milestone in the quest for media freedom in the country.
‘This visit is a great opportunity for the media fraternity, freedom of expression advocates and human rights defenders in general. This is the first time that Malawi has hosted such a high level advocacy mission and we intend to capitalize on this mission to drive our local media freedom and Access to Information agendas forward.’
‘The Special Rapporteur’s visit will mark the launch of a concerted effort to decriminalize freedom of expression in Malawi, an approach that often lacked in our past efforts. As a sector, MISA Malawi believes that we have over the years tried to challenge a number of laws inconsistent with constitutional guarantees on media freedom and freedom of expression to varying degrees. MISA and a number of scholars including professor Kanyongolo have documented several laws limiting free speech but our efforts have often been disjointed. I trust that this campaign will set the pace and tone for a concerted and sustained campaign that will build on past experiences and efforts to exploit the current window of opportunity and push for decriminalization of free speech in Malawi,’ Kasunda said.
The Special Rapporteur’s visit has been organized by the African Commission on Human and Peoples’ Rights (ACHPR) in partnership with the World Association of Newspapers (WAN-IFRA), MISA Malawi and the Centre for Human Rights, University of Pretoria.
The Joyce Banda administration has been heralded for taking a bold step to repeal section 46 of the Penal Code, which empowered the Minister of Information to ban publications deemed not in the public interest. The President also gained international praise for calling on Members of Parliament to repeal laws that are repressive and deny Malawians their right to freedom of expression, during the opening of the 43rd Session of Parliament in May 2012.
As MISA, we believe that free speech is paramount in any democracy and affords the citizenry, including the media, a chance to debate and shape public opinion. Without free speech, the media cannot effectively perform its watchdog role and check abuse of power and corruption and safeguard democracy.
Malawi, however, has several laws that limit free speech including the Protected Names, Flag and Emblems Act, the Official Secrets Act (1913), the Printed Publications Act (1947) and the Censorship and Control of Entertainment Act (1968). We commended government for repealing Section 46 of the Penal Code but at the same time requested a critical look at the other laws that negate on the Constitutional guarantee to free speech and media freedom as provided for under Sections 35 and 36 of the Republican Constitution.
We have hope in the leadership of Mrs. Joyce Banda and believe that the campaign on decriminalization of free speech will be a success and that her Excellency Mrs. Joyce Banda will also walk the talk and turn Malawi into a true democracy by repealing all laws that limit free speech.
Signed
Anthony Kasunda
MISA Regional Chairperson,
Tuesday, February 5/2/13
The Special Rapporteur on Freedom of Expression and Access to Information in Africa, Commissioner Pansy Tlakula, is in the country to hold a consultative meeting on decriminalization of laws limiting freedom of expression in Malawi.
The consultative meeting will bring together organizations that have worked on decriminalization of laws limiting freedom of expression in Malawi in the past, those that are well positioned to do so in the future, as well as representatives of media groupings whose activities are most jeopardized by the existence of these laws. The meeting is scheduled to take place tomorrow (Wednesday) at Crossroads Hotel, from 8:30 am.
The meeting is designed to build on past efforts and lessons in decriminalizing free speech and explore existing opportunities for immediate advocacy and/or litigation and roadmap for a sustained advocacy campaign on decriminalization of freedom of expression in Malawi.
Commenting on the Special Rapporteur’s visit, MISA Regional Chair Anthony Kasunda has described it as a milestone in the quest for media freedom in the country.
‘This visit is a great opportunity for the media fraternity, freedom of expression advocates and human rights defenders in general. This is the first time that Malawi has hosted such a high level advocacy mission and we intend to capitalize on this mission to drive our local media freedom and Access to Information agendas forward.’
‘The Special Rapporteur’s visit will mark the launch of a concerted effort to decriminalize freedom of expression in Malawi, an approach that often lacked in our past efforts. As a sector, MISA Malawi believes that we have over the years tried to challenge a number of laws inconsistent with constitutional guarantees on media freedom and freedom of expression to varying degrees. MISA and a number of scholars including professor Kanyongolo have documented several laws limiting free speech but our efforts have often been disjointed. I trust that this campaign will set the pace and tone for a concerted and sustained campaign that will build on past experiences and efforts to exploit the current window of opportunity and push for decriminalization of free speech in Malawi,’ Kasunda said.
The Special Rapporteur’s visit has been organized by the African Commission on Human and Peoples’ Rights (ACHPR) in partnership with the World Association of Newspapers (WAN-IFRA), MISA Malawi and the Centre for Human Rights, University of Pretoria.
The Joyce Banda administration has been heralded for taking a bold step to repeal section 46 of the Penal Code, which empowered the Minister of Information to ban publications deemed not in the public interest. The President also gained international praise for calling on Members of Parliament to repeal laws that are repressive and deny Malawians their right to freedom of expression, during the opening of the 43rd Session of Parliament in May 2012.
As MISA, we believe that free speech is paramount in any democracy and affords the citizenry, including the media, a chance to debate and shape public opinion. Without free speech, the media cannot effectively perform its watchdog role and check abuse of power and corruption and safeguard democracy.
Malawi, however, has several laws that limit free speech including the Protected Names, Flag and Emblems Act, the Official Secrets Act (1913), the Printed Publications Act (1947) and the Censorship and Control of Entertainment Act (1968). We commended government for repealing Section 46 of the Penal Code but at the same time requested a critical look at the other laws that negate on the Constitutional guarantee to free speech and media freedom as provided for under Sections 35 and 36 of the Republican Constitution.
We have hope in the leadership of Mrs. Joyce Banda and believe that the campaign on decriminalization of free speech will be a success and that her Excellency Mrs. Joyce Banda will also walk the talk and turn Malawi into a true democracy by repealing all laws that limit free speech.
Signed
Anthony Kasunda
MISA Regional Chairperson,
What's President Joyce Banda's Take on Corruption? February 5, 2013 Has The Answers
SPEECH BY
HER EXCELLENCY MRS JOYCE BANDA
THE PRESIDENT OF THE REPUBLIC OF MALAWI
AT
THE COMMEMORATION OF
THE NATIONAL ANTI-CORRUPTION DAY
AT
MANGOCHI AIR WING, MANGOCHI
TUESDAY, 5TH FEBRUARY, 2013
Your Excellency, Chief Justice Richard Banda, Retired.
Your Honour, Right Hon. Khumbo Kachali,
Vice President of the Republic of Malawi.
Hon. Ralph Kasambara, Sc, Minister of Justice and Constitutional Affairs.
Rt. Honourable Henry Chimunthu Banda, M.P. The Speaker of Parliament.
Your Lordship the Chief Justice, Hon. Lovemore Munlo, Sc.
Mr. Bright Msaka, Sc, Chief Secretary to Government.
Justice Rizine Mzikamanda, Sc, Director of Anti-Corruption Bureau.
Members of the Diplomatic Corps
Bishop Dr. Joseph Bvumbwe, Chairman of the National Integrity Committee,
And members of the Committee here present
Hon. Dr. Clement Chiwaya, Member of Parliament for Mangochi Central Constituency.
Mr. Thomas Chirwa, District Commissioner, Mangochi District Council.
Leaders of various Political Parties
Members of the Civil society
The Media
Distinguished invited guests
Ladies and Gentlemen
It is a great pleasure for me to preside over this year’s Commemoration of the Anti-Corruption Day here in Mangochi. Today is a very important day for our nation as we commemorate our efforts in the fight against corruption. Today we reflect on our successes and challenges in uprooting the dangers and evils of corruption in our society under the theme ““Media; a Partner in the Fight Against Corruption.”
Distinguished Ladies and Gentlemen,
As you all may be aware, Malawi suffers corruption in many different ways: from high level corruption to simple bribery that impedes service delivery. In the past, corruption has been enforced by patronage and nepotism that has exacerbated inequality and poverty in Malawian society.
Since the launch of the National Anti-Corruption Strategy in 2008, the framework for dealing with corruption does exist in the country. Furthermore, Malawi has a very good Constitution and strong anti-corruption laws to fight corruption. Coordinating structures and initiatives by civil society and private sector do exist to support government efforts to fight corruption.
However, there is a very big disparity between institutional framework and practice. As you may recall, during my speech to Parliament on May 18th, 2012, I observed that Government was losing a lot of resources to cases of fraud, embezzlement and misprocurement in ministries, departments and statutory corporations. According to Transparency International Reports, Corruption is seen to be particularly severe in the police, registry and permit services, customs and the judiciary.
Distinguished Ladies and Gentlemen
When I took office, our country faced numerous social economic problems. My Government decided to implement the economic recovery plan as a roadmap to recover the economy. One of the strategies of the economic recovery plan is to ensure a systemic approach through the Projects Implementation and Monitoring Unit, to monitoring implementation of Government projects which in turn has a greater impact on overcoming corruption.
In the past, Government efforts to fight corruption have been caught in a vicious cycle where as a country we have not broken through. This calls for new strategies in dealing with corruption in the country.
Distinguished Ladies and Gentlemen
My Government is aware that our nation is facing tremendous forces against the economic recovery plan. One such major evil force is corruption. Corruption, if left unchecked, will erode the moral values of our society and retard the development course of our nation. Corruption is evil and if unchecked, will drain the necessary available resources for putting our economy back on track. Corruption frustrates Government efforts for rebuilding the economy. Corruption benefits a few greedy individuals and hurts the poor most. It diverts public resources from essential social services such as hospital drugs and the building of public infrastructures. This is why my Government is determined to fight corruption to the bitter end in order to create a corruption free Malawi where social and economic development flourish.
Distinguished Ladies and Gentlemen
Through the economic recovery plan, I have also initiated Ministerial Delivery Meetings to enhance efficient and effective delivery of public service. During these meetings many structural deficiencies have been identified and corrected. For example, in some Ministries and departments, very junior officers were chairing internal procurement committees and because of low level of responsibility, issues of compliance and accountability were overlooked. I have since directed that the Principal Secretaries and Controlling Officers should personally chair the Internal Procurement Committees and remain personally accountable for procurement in Government.
It was also noted that many projects could wait for months because a “no objection” response was not received either from the Office of Director of Public Procurement or Ministry of Justice. As a result of such delays, many projects were either not implemented and lost financing or implemented very late. During these delivery meetings, I have directed that if a ministry does not receive feedback for three months, for whatever reason, it will be granted that the “no objection” clearance has been authorized.
Distinguished Ladies and Gentlemen,
It is my reasoned view that for us to fight corruption, we need to build an efficient and effective public service that delivers on its mandate. For us to fight corruption, we need policies that emphasize equity and development. My Government is committed to ensure that we fight poverty by creating wealth and jobs so that people have access to decent incomes. My Government is developing new and unconventional ways to overcome corruption.
In this regard, my Government is building capacity of our security agencies to redirect their efforts to economic intelligence where we can uncover many networks and rings that are undermining our economy. I want to warn anyone who engages in corruption, wherever you are, that very soon you will be exposed.
Distinguished Ladies and Gentlemen
My Government is aware of the important role that various sectors play in the fight against corruption. You will all agree with me that corrupt free public and private institutions are vital for the development of our nation. As I said earlier on, corruption undermines the effective service delivery of our institutions, hence the need for concerted efforts to eradicate all forms of corrupt practices in all sectors of our society.
This function today presents yet another platform for my Government to reiterate our stand that we will not tolerate corruption at any level in this country. Today, as we commemorate the National Anti-Corruption Day, I wish to send a stern warning to Government Departments and all other sectors including private sector, that my Government will not allow its development efforts to be undermined because of selfish individuals who wish to enrich themselves by diverting public resources meant to uplift the life of our people. Such unscrupulous individuals will not be left scot free. This administration will ensure that corrupt practices when reported are thoroughly investigated, efficiently prosecuted and those found guilty are punished accordingly.
To demonstrate my Government’s commitment to fight corruption, we have appointed a respected judge of the Supreme Court of Appeal so that the Anti-Corruption Bureau can regain its respect and integrity in society.
My Government is also committed to ensure that the Office of the Auditor General exercises independence and professionalism in the discharge of its duties.
To that end my Government will ensure that these public accountability institutions including the Anti-Corruption Bureau and the Office of the Auditor General are appropriately resourced to enable them operate independently, efficiently and effectively. The Bureau must not be used as a tool for witch hunting. The Bureau must be allowed to carry out its work professionally, impartially, fairly and without any interference.
Let me make this very clear, here and now, that this President, standing before you, is determined to get to the bottom of corruption in this country. There will be no sacred cows; no protected species and no special ones. As for the Bureau and the Auditor General I want you to fully join me on this crusade to rid mother Malawi of this evil.
Distinguished Ladies and Gentlemen
Today I am pleased that Government is partnering with the media in our commemoration of the National Anti-Corruption Day. The media is our partner in the implementation of the National Anti-Corruption Strategy, a policy document that Government, through the Anti-Corruption Bureau, is using to involve various sectors in the fight against corruption in this country.
The theme for this function: “Media; a Partner in the Fight Against Corruption,” underscores the importance of the media in making our country, a corrupt free nation.
The media has the power to reach out to all Malawians and inform them on the evils of corruption and how everyone should take part in the fight against corruption.
In the fight against corruption, the role of the media is to support Government in disseminating messages on evils of corruption, foster the support of public in the fight against corruption and expose corrupt practices in different sectors of our society for the law to take its course. This is why my Government values, supports and upholds press freedom.
The role of the media is neither to frustrate government in its efforts to develop the nation nor to confuse the public, but to partner with Malawians in advancing anti-corruption drive for sustainable development of our nation.
While my Government values and supports media freedom, I wish to appeal to all media houses to act with maturity and responsibility as you reach out to the people. The media should be a force to build our nation, not to destroy it through publications or airing of malicious fabricated stories for personal benefit.
Government is pleased however, that most media houses are supporting our anti-corruption efforts as demonstrated by your presence today. I wish to commend you for your support to my Government.
I would also like to thank the media pillar for the gifts that you have given to me. I will be listening to news on that radio. I will also use the dictionary as I read.
Lastly, I want to thank our development partners for their support in the fight against corruption in this country. I also wish to commend the efforts that are being made by the Anti-Corruption Bureau in the fight against corruption. I know it is tough but I encourage you to keep up the good job. You have a friend at State House in the fight against corruption.
Thank you very much and May God Bless Malawi
Saturday, January 26, 2013
TNM Super League Update: Mighty Wanderers 2- Azam Tigers 0
That's how it has ended at the Kamuzu Stadium.
Monday, January 21, 2013
Page 1 1 STATEMENT OF THE MALAWI HUMAN RIGHTS COMMISSION INITIAL OBSERVATIONS ON THE 17 TH JANUARY 2013 DEMONSTRATIONS
The Malawi Human Rights Commission (the Commission) monitored the 17
th January, 2013 demonstrations in line with its constitutional mandate of promoting and protecting human rights.
This includes monitoring situations which are prone to human rights violations and
abuses, such as demonstrations. The monitoring took the form of tracking and documenting media reports and on-spot monitoring, of developments relating to the demonstrations.
Prior to the demonstrations, the Commission’s Chairperson, Ambassador Sophie Asimenye
Kalinde engaged key stakeholders including: officials at the Malawi Police Service
Headquarters, the organizers of the demonstrations and some concerned civil society groups in Mzuzu and Karonga. During the demonstrations, the Commission’s monitoring teams were dispatched to Blantyre, Mzuzu and Lilongwe.
Commenting on the outcome of the
demonstrations, the Commission’s Chairperson has said:“It must be emphasised that the Constitution of the Republic of Malawi guarantees the right to assemble and hold demonstrations peacefully and unarmed under section 38.
This right must be respected and upheld by all duty bearers as demanded by section 15 of the Constitution. It is commendable that the 17th January demonstrations were peaceful.
The demonstrations saw the participation of significantly sizeable crowds that were observably unarmed and non-violent.
Generally, government demonstrated its commitment to upholding the right to peaceful assembly by making it clear that it welcomed the peaceful demonstrations. Relevant government agencies also played their rightful roles. The police in particular conducted their policing within the ambit of the law; no excessive force was employed and they exercised great restraint even in the face of provocative chants directed at them by some of the demonstrators.
It is also reassuring to learn that
there were no reports of any arbitrary arrests in connection with the demonstrations”.
She further observed that:“most importantly, the demonstrators, in particular the organizers,played by the rules of peaceful and non-violent demonstrations. Notably, there was a good relationship between the organizers, the police and the District Commissioners/Chief Executive Officers as evidenced by their cordial discussions at the points of petition delivery.
The media, on their part, responsibly and extensively covered the demonstrations, and the public broadcaster carried news footage of the demonstrations”.
Concluding her remarks on the Commission’s initial observations on the Demonstrations the Chairperson said:“The 17th January demonstrations are not about an individual or a group of individuals.
They are about the larger picture; the entrenchment of a culture of respect for human
rights in Malawi. The demonstrations represent a right step towards the respect for diversity of opinions and free expression of the same, through peaceful assembly and demonstrations, among other means, which is the hallmark of democracy.
Achieving this step took the concerted efforts by several players including: government and its agencies, especially the police; the demonstrations organizers; the media and most importantly the people of Malawi.”The Commission’s Chairperson has since recommended that “many demonstrations can be avoided if the political leaders in government ensure at all times that there are effective communication channels between them and the governed, providing opportunities for people to raise
substantive concerns on issues of public interest and providing meaningful responses to such issues.
This is crystalysed in section 12 of the Constitution in these terms; (1) All persons responsible for the exercise of powers of the state do so on trust and shall only exercise such power to the extent of their lawful authority and in accordance with their responsibilities to the people of Malawi. (2) The authority to exercise power of the state is conditional upon the sustained trust of the people of Malawi
and that trust can be maintained through open, accountable and transparent government and informed democratic choice”.
The Commission is finalising its comprehensive report on the demonstrations. Once finalised, the report will be shared with all relevant stakeholders.
The Commission is a constitutional body established under Chapter IV, section 129 of the Constitution of the Republic of Malawi and governed by the Human Rights Commission Act of 1998 (Cap 3: 08 of the Laws of Malawi). Its primary mandate is to promote and protect human rights and investigate violations of human rights.
The Commission monitored and investigated cases arising from the July 20, 2011 demonstrations.
In its Investigation Report, the Commission established that 19 people were killed by security forces with one dying at the hospital as a result of suffocation from tear-gas. The current fifth cohort of Commissioners that was appointed by Her Excellency the State President Mrs. Joyce Banda, effective July 5, 2012, comprises:
Ambassador Sophie Asimenye Kalinde (Chairperson); Mr. Marshal Chilenga; Reverend Dr. Zacc Kawalala; Mr. Rodgers Newa, Mr. Benedicto Kondowe, Mr. Dalitso Kubalasa, Mr. Stephen Nkoka, Justice Tujilane Chizumila, Rtd (the Ombudsman) and Mrs. Gertrude Lynn Hiwa SC (the Law Commissioner).
th January, 2013 demonstrations in line with its constitutional mandate of promoting and protecting human rights.
This includes monitoring situations which are prone to human rights violations and
abuses, such as demonstrations. The monitoring took the form of tracking and documenting media reports and on-spot monitoring, of developments relating to the demonstrations.
Prior to the demonstrations, the Commission’s Chairperson, Ambassador Sophie Asimenye
Kalinde engaged key stakeholders including: officials at the Malawi Police Service
Headquarters, the organizers of the demonstrations and some concerned civil society groups in Mzuzu and Karonga. During the demonstrations, the Commission’s monitoring teams were dispatched to Blantyre, Mzuzu and Lilongwe.
Commenting on the outcome of the
demonstrations, the Commission’s Chairperson has said:“It must be emphasised that the Constitution of the Republic of Malawi guarantees the right to assemble and hold demonstrations peacefully and unarmed under section 38.
This right must be respected and upheld by all duty bearers as demanded by section 15 of the Constitution. It is commendable that the 17th January demonstrations were peaceful.
The demonstrations saw the participation of significantly sizeable crowds that were observably unarmed and non-violent.
Generally, government demonstrated its commitment to upholding the right to peaceful assembly by making it clear that it welcomed the peaceful demonstrations. Relevant government agencies also played their rightful roles. The police in particular conducted their policing within the ambit of the law; no excessive force was employed and they exercised great restraint even in the face of provocative chants directed at them by some of the demonstrators.
It is also reassuring to learn that
there were no reports of any arbitrary arrests in connection with the demonstrations”.
She further observed that:“most importantly, the demonstrators, in particular the organizers,played by the rules of peaceful and non-violent demonstrations. Notably, there was a good relationship between the organizers, the police and the District Commissioners/Chief Executive Officers as evidenced by their cordial discussions at the points of petition delivery.
The media, on their part, responsibly and extensively covered the demonstrations, and the public broadcaster carried news footage of the demonstrations”.
Concluding her remarks on the Commission’s initial observations on the Demonstrations the Chairperson said:“The 17th January demonstrations are not about an individual or a group of individuals.
They are about the larger picture; the entrenchment of a culture of respect for human
rights in Malawi. The demonstrations represent a right step towards the respect for diversity of opinions and free expression of the same, through peaceful assembly and demonstrations, among other means, which is the hallmark of democracy.
Achieving this step took the concerted efforts by several players including: government and its agencies, especially the police; the demonstrations organizers; the media and most importantly the people of Malawi.”The Commission’s Chairperson has since recommended that “many demonstrations can be avoided if the political leaders in government ensure at all times that there are effective communication channels between them and the governed, providing opportunities for people to raise
substantive concerns on issues of public interest and providing meaningful responses to such issues.
This is crystalysed in section 12 of the Constitution in these terms; (1) All persons responsible for the exercise of powers of the state do so on trust and shall only exercise such power to the extent of their lawful authority and in accordance with their responsibilities to the people of Malawi. (2) The authority to exercise power of the state is conditional upon the sustained trust of the people of Malawi
and that trust can be maintained through open, accountable and transparent government and informed democratic choice”.
The Commission is finalising its comprehensive report on the demonstrations. Once finalised, the report will be shared with all relevant stakeholders.
The Commission is a constitutional body established under Chapter IV, section 129 of the Constitution of the Republic of Malawi and governed by the Human Rights Commission Act of 1998 (Cap 3: 08 of the Laws of Malawi). Its primary mandate is to promote and protect human rights and investigate violations of human rights.
The Commission monitored and investigated cases arising from the July 20, 2011 demonstrations.
In its Investigation Report, the Commission established that 19 people were killed by security forces with one dying at the hospital as a result of suffocation from tear-gas. The current fifth cohort of Commissioners that was appointed by Her Excellency the State President Mrs. Joyce Banda, effective July 5, 2012, comprises:
Ambassador Sophie Asimenye Kalinde (Chairperson); Mr. Marshal Chilenga; Reverend Dr. Zacc Kawalala; Mr. Rodgers Newa, Mr. Benedicto Kondowe, Mr. Dalitso Kubalasa, Mr. Stephen Nkoka, Justice Tujilane Chizumila, Rtd (the Ombudsman) and Mrs. Gertrude Lynn Hiwa SC (the Law Commissioner).
Thursday, January 17, 2013
MISA MALAWI STATEMENT ON DEMONSTRATIONS
PRESS STATEMENT FOR IMMEIATE RELEASE
16 January, 2013
MISA Malawi appeal to Journalists to be ethical during the January 17
demonstrations
The Malawi Chapter of the Media Institute of Southern Africa is appealing
to all Journalists and Media houses to exercise highest level of
professionalism when covering the demonstrations tomorrow.
The Chapter would also like to take this opportunity to appealto the
Police to respect the right of journalists to freely cover the
demonstrations.
Tomorrow’s demonstrations, organised by the Consumers Association of
Malawi (CAMA),and scheduled to start at 0800 hours across the country,
come at a time when Malawiansare trying to forget the brutal and violent
nature of July 20, 2011 mass demonstrations that left 11 peopledead and
scores of others injured, including 22 journalists who were either beaten
or arrested for no apparent reason.The Commission of Inquiry established
to probe the killings and brutal manner in which law enforcers tried to
contain the demonstrations offered a number of recommendations to prevent
a repeat of what happened in July 2011. The recommendations included a
call for the media to be sensitive and professional when covering
demonstrations and for law enforcers to respect constitutional guarantees
on freedom of expression and assembly, among others.
It is on this basis that MISA Malawi calls upon all media outlets and
journalists to be responsible when reporting on the demonstrations. We
also appeal to journalists to publish stories that are balanced, fair to
all sides and do not promote or insight violence or hatred.
In the same vein, we would like to appeal to the Police to respect
people’s right to assemble and demonstrate as well as journalists’ right
to freely gather and report as provided for under Section 36 of the
Republican Constitution which states:“the press shall have the right to
report and publish freely, within Malawi and abroad and be accorded the
fullest possible facilities for access to public information.”
This section recognizes the relevance of free flow of information in
building an informed nation and we expect the Police to respect this
right.
Lastly, we would like to assure the media fraternity and the general
public that MISA Malawi Chapter will monitor the demonstrations and act
accordingly if journalists are victimised. The Chapter will also ensure
that way ward reporters suffer the consequences of their actions. We also
urge victims of violations to report the same to relevant authorities in
time.
Signed
Antony Kasunda
MISA Malawi Chairperson
16 January, 2013
MISA Malawi appeal to Journalists to be ethical during the January 17
demonstrations
The Malawi Chapter of the Media Institute of Southern Africa is appealing
to all Journalists and Media houses to exercise highest level of
professionalism when covering the demonstrations tomorrow.
The Chapter would also like to take this opportunity to appealto the
Police to respect the right of journalists to freely cover the
demonstrations.
Tomorrow’s demonstrations, organised by the Consumers Association of
Malawi (CAMA),and scheduled to start at 0800 hours across the country,
come at a time when Malawiansare trying to forget the brutal and violent
nature of July 20, 2011 mass demonstrations that left 11 peopledead and
scores of others injured, including 22 journalists who were either beaten
or arrested for no apparent reason.The Commission of Inquiry established
to probe the killings and brutal manner in which law enforcers tried to
contain the demonstrations offered a number of recommendations to prevent
a repeat of what happened in July 2011. The recommendations included a
call for the media to be sensitive and professional when covering
demonstrations and for law enforcers to respect constitutional guarantees
on freedom of expression and assembly, among others.
It is on this basis that MISA Malawi calls upon all media outlets and
journalists to be responsible when reporting on the demonstrations. We
also appeal to journalists to publish stories that are balanced, fair to
all sides and do not promote or insight violence or hatred.
In the same vein, we would like to appeal to the Police to respect
people’s right to assemble and demonstrate as well as journalists’ right
to freely gather and report as provided for under Section 36 of the
Republican Constitution which states:“the press shall have the right to
report and publish freely, within Malawi and abroad and be accorded the
fullest possible facilities for access to public information.”
This section recognizes the relevance of free flow of information in
building an informed nation and we expect the Police to respect this
right.
Lastly, we would like to assure the media fraternity and the general
public that MISA Malawi Chapter will monitor the demonstrations and act
accordingly if journalists are victimised. The Chapter will also ensure
that way ward reporters suffer the consequences of their actions. We also
urge victims of violations to report the same to relevant authorities in
time.
Signed
Antony Kasunda
MISA Malawi Chairperson
Wednesday, January 16, 2013
PETITION AGAINST JUDGEMENT PASSED IN DOWA MAGISTRATES COURT IN A DEFILEMENT CASE
TO: The Attorney General, Ministry of Justice, P/Bag 15, Lilongwe
CC: The Minister of Justice, Ministry of Justice, P/Bag 15, Lilongwe
CC: The Director of Public Prosecutions, Ministry of Justice, P/Bag 15, Lilongwe
CC: The Chief Justice, P.O. Box 30244, Chichiri, Blantyre 3
CC: The Registrar of the High Court, P.O. Box 30244, Chichiri, Blantyre 3
CC: The Chief Prosecutor, Malawi Police, P.O. Box 305, Lilongwe
CC: The Clerk of Parliament, National Assembly, P/Bag B362, Lilongwe
CC: The Member of Parliament for the area
From: Concerned Citizens
Date: 3 January 2013
PETITION AGAINST JUDGEMENT PASSED IN DOWA MAGISTRATES COURT IN A DEFILEMENT CASE
On 3rd January 2013 it was reported on local radio stations that First Grade Magistrate Titus Banda of Dowa Magistrates Court acquitted fifty year old Burundian Seleman Jonathan who sexually molested a ten year old girl because “the girl said she did not feel pain when she was being molested.” Further, the court said that the hospital report was not conclusive, yet the police from the area say that the report clearly indicated that the girl was defiled.
While acknowledging that the Police in Dowa have appealed the case and the High Court and Director of Public Prosecutions are reviewing the case files, we the undersigned would like to register our concern regarding these kinds of determinations on cases to do with rape in the strongest terms possible. The Nation Newspaper of 31st December reported that there are seven reported cases of rape daily in Malawi and we have no idea just how many go unreported. We are outraged that someone entrusted with interpreting the law as this Magistrate would pass judgement that goes against the very statutes outlined in the Malawi Penal Code.
A cursory interpretation of the Section 138 of the Penal Code by us as laymen shows that the Court did not rule within the guidelines of the law regarding an issue of rape. The Penal Code states:
Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force or means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or in the case of a married woman, by personating her husband, shall be guilty of the felony termed rape.
Any person who unlawfully and indecently assaults any woman or girl shall be guilty of a felony and shall be liable to imprisonment for fourteen years.
It shall be no defence to a charge for an indecent assault on a girl under the age of sixteen years to prove that she consented to the act of indecency.
Any person who unlawfully and carnally knows any girl under the age of sixteen years shall be guilty of a felony and shall be liable to imprisonment for life
The implication of this judgement is that the sexual molestation was a consensual act, yet the Penal Code clearly states that anyone below the age of sixteen cannot make such a decision about sex. The newspaper reported that the girl was given K30 to buy her silence and was also given pain medication and was not able to walk properly, which attests to the violence of the act.
We believe that the principles of the judicial system are intended to provide justice for the offended and punishment and reformation for the offender. In this particular case, the victim did not get an appropriate judgement for such a heinous crime, and we believe this is a miscarriage of justice. With the increase of rape and defilement cases in Malawi, we also believe that such determinations adversely contribute to the belief some habitual sex offenders have that they will get away with it, and indeed many of them do.
The physical, emotional and psychological effects of rape and sexual violation especially with young girls are traumatic, well documented and enduring. Other social and health consequences like stigma and sexually transmitted diseases are also a certainty.
We are outraged and demand from our judicial and police authorities the following:
That the judgement be quashed by a higher authority in the judicial system and the case is retried, with a review on the judgement in light of the Penal Code and re-examination of the facts.. We would like to see that the process is expedited to get justice for this girl
That the judicial authorities take strict action against Magistrates who disregard the law when passing judgement especially in rape cases and that the full extent of the prescribed punishment is applied to offenders to deter others.
That the judicial authorities review the training and equipping of Magistrates so that they demonstrate a good understanding of the laws and use the principles of precedents, statutes, laws and evidence interpretation to ensure fairness, transparency and indeed justice for victims of crimes.
That Police authorities and Government invest in the training of Police Prosecutors to get adequate presentation of facts of such cases to ensure that victims get justice
That the government through judicial authorities takes steps to create a database of sex offenders to deter people from such crimes
That there should be an investigation into this matter to see if there were underhand dealings by any of the concerned parties and appropriate sanctions be taken against any such dealings.
Signed
CC: The Minister of Justice, Ministry of Justice, P/Bag 15, Lilongwe
CC: The Director of Public Prosecutions, Ministry of Justice, P/Bag 15, Lilongwe
CC: The Chief Justice, P.O. Box 30244, Chichiri, Blantyre 3
CC: The Registrar of the High Court, P.O. Box 30244, Chichiri, Blantyre 3
CC: The Chief Prosecutor, Malawi Police, P.O. Box 305, Lilongwe
CC: The Clerk of Parliament, National Assembly, P/Bag B362, Lilongwe
CC: The Member of Parliament for the area
From: Concerned Citizens
Date: 3 January 2013
PETITION AGAINST JUDGEMENT PASSED IN DOWA MAGISTRATES COURT IN A DEFILEMENT CASE
On 3rd January 2013 it was reported on local radio stations that First Grade Magistrate Titus Banda of Dowa Magistrates Court acquitted fifty year old Burundian Seleman Jonathan who sexually molested a ten year old girl because “the girl said she did not feel pain when she was being molested.” Further, the court said that the hospital report was not conclusive, yet the police from the area say that the report clearly indicated that the girl was defiled.
While acknowledging that the Police in Dowa have appealed the case and the High Court and Director of Public Prosecutions are reviewing the case files, we the undersigned would like to register our concern regarding these kinds of determinations on cases to do with rape in the strongest terms possible. The Nation Newspaper of 31st December reported that there are seven reported cases of rape daily in Malawi and we have no idea just how many go unreported. We are outraged that someone entrusted with interpreting the law as this Magistrate would pass judgement that goes against the very statutes outlined in the Malawi Penal Code.
A cursory interpretation of the Section 138 of the Penal Code by us as laymen shows that the Court did not rule within the guidelines of the law regarding an issue of rape. The Penal Code states:
Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force or means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or in the case of a married woman, by personating her husband, shall be guilty of the felony termed rape.
Any person who unlawfully and indecently assaults any woman or girl shall be guilty of a felony and shall be liable to imprisonment for fourteen years.
It shall be no defence to a charge for an indecent assault on a girl under the age of sixteen years to prove that she consented to the act of indecency.
Any person who unlawfully and carnally knows any girl under the age of sixteen years shall be guilty of a felony and shall be liable to imprisonment for life
The implication of this judgement is that the sexual molestation was a consensual act, yet the Penal Code clearly states that anyone below the age of sixteen cannot make such a decision about sex. The newspaper reported that the girl was given K30 to buy her silence and was also given pain medication and was not able to walk properly, which attests to the violence of the act.
We believe that the principles of the judicial system are intended to provide justice for the offended and punishment and reformation for the offender. In this particular case, the victim did not get an appropriate judgement for such a heinous crime, and we believe this is a miscarriage of justice. With the increase of rape and defilement cases in Malawi, we also believe that such determinations adversely contribute to the belief some habitual sex offenders have that they will get away with it, and indeed many of them do.
The physical, emotional and psychological effects of rape and sexual violation especially with young girls are traumatic, well documented and enduring. Other social and health consequences like stigma and sexually transmitted diseases are also a certainty.
We are outraged and demand from our judicial and police authorities the following:
That the judgement be quashed by a higher authority in the judicial system and the case is retried, with a review on the judgement in light of the Penal Code and re-examination of the facts.. We would like to see that the process is expedited to get justice for this girl
That the judicial authorities take strict action against Magistrates who disregard the law when passing judgement especially in rape cases and that the full extent of the prescribed punishment is applied to offenders to deter others.
That the judicial authorities review the training and equipping of Magistrates so that they demonstrate a good understanding of the laws and use the principles of precedents, statutes, laws and evidence interpretation to ensure fairness, transparency and indeed justice for victims of crimes.
That Police authorities and Government invest in the training of Police Prosecutors to get adequate presentation of facts of such cases to ensure that victims get justice
That the government through judicial authorities takes steps to create a database of sex offenders to deter people from such crimes
That there should be an investigation into this matter to see if there were underhand dealings by any of the concerned parties and appropriate sanctions be taken against any such dealings.
Signed
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