Sulaimana & Another v Attorney General (3273 of 2002)
Case No: 3273 of 2002
Judgment Number: 51
Media Neutral Citation: [2004] MWHC 51
Judgment Date:Thursday, 08/26/2004
IN THE HIGH COURT OF MALAWI
PRINCIPAL REGISTRY
CIVIL CAUSE NO. 3273 OF 2002
BETWEEN:
SUDI SULAIMANA....................................1ST PLAINTIFF
COLVIN KAUMILA...................................2ND PLAINTIFF
-
and -
THE ATTORNEY GENERAL...................................DEFENDANT
CORAM: CHIMASULA PHIRI J.
Nkhata }
F. Mzumara } of Counsel for the plaintiff.
Attorney General absent/unrepresented.
Nsomba – court clerk.
JUDGMENT
Chimasula Phiri J.
By originating summons issued on 9th October 2002, the plaintiffs commenced this action claiming for the following orders: -
a. That their arrests in March 2001 on allegations of treason and their resultant 1 (one) year incarceration in jail was a breach of their constitutional right to liberty and also tantamount to false imprisonment.
b. That the prosecution which they underwent in the High Court was malicious.
c. That arrest, imprisonment and prosecution was tantamount to defamation.
d. Damages be awarded to the plaintiff's for breach of their constitutional rights, false imprisonment, malicious prosecution and defamation as stated in a., b., and c., above.
e.
The plaintiff's be awarded costs.
There is an affidavit in support sworn by Sudi Adaki Sulaimana on 9th October 2002. The originating summons was served on the Attorney General on 15th October 2002. On 23rd October 2002, the Attorney General acknowledged receipt of the summons and indicated that the defendant intended to contest the proceedings. The acknowledgement form was returned to the High Court on 24th October 2002. The matter was scheduled for hearing on 18th November 2002. On 11th November 2002, Mr Geoffrey Nkhata swore an Affidavit in Opposition which was filed in court on 13th November 2002. I have no doubt that the Attorney woke up from slumber after being served with notice of hearing on 8th November 2002. On 18th November 2002, the matter was adjourned to a date to be fixed by the Registrar because the Attorney General was absent. The new date fixed by the Registrar was 26th November 2002. Service of the Notice of Adjournment was done by fax on 20th November 2002. On the appointed date of hearing, nobody appeared and the judge adjourned the matter. A fresh notice of adjournment was taken out on 16th December 2002 appointing 10th February 2003 as new date for hearing. This was served by fax again on 17th December 2002. A repeat service by fax was done on 5th February 2003 for hearing on 19th February 2003. On 19th February 2003, the Attorney General raised a preliminary objection in relation to the mode of commencement of this action by originating summons as opposed to a writ. The court declined to strike off the action and instead ordered that the action be proceeded with as if it had begun by writ. Summons for directions were issued on 26th June 2003 returnable on 17th July 2003. This was served on the defendant on 4th July 2003. On 17th July 2003, the defendant did not attend court but nevertheless the plaintiffs went ahead to obtain the usual order. On 26th August 2003, the plaintiffs served a list of documents on the defendant. The defendant took no action. On 23rd September 2003 the plaintiffs took out a summons to strike off the Affidavit in Opposition on the ground, that defendant had not complied with the order for directions. This summons was heard on 2nd October 2003. Despite the defendant's absence the Assistant Registrar exercised his discretion and ordered that unless the defendant within 7 days served a list of documents, the plaintiffs would thereafter be at liberty to move the court for judgment. On 7th October 2003 the defendant served a List of Documents, basically showing that the defendant had only 2 documents namely a letter of demand from the plaintiffs lawyers dated 27th March 2002 and a letter from the defendant to the plaintiffs lawyers dated 25th May 2002. As can be seen this was a mere sham process intended to prevent the plaintiffs from obtaining judgment. The plaintiffs filed a Bundle of pleadings on 16th October 2003 and served it on the defendant. On 3rd November 2003, the plaintiffs caused a Notice of Hearing to be issued appointing 15th and 16th December 2003 as dates for hearing. The Attorney General was duly served. The matter could not be heard because there was no court bundle. Consequently, the plaintiffs issued a court bundle on 8th June 2004 and served the Attorney General on 23rd June 2004. The matter was scheduled for hearing on 28th and 29th June 2004 – vide – Notice of Hearing issued on 20th April 2004. This Notice of hearing was served on the Attorney General on 19th May 2004. The Attorney General was given 1 month and 10 days to make preparations in readiness for the trial. On 28th June 2004, the Attorney General was absent and never sent any message to explain his absence. In terms of Order 35 rule 1(2) of the Rules of the Supreme Court which provides that if, when trial of an action is called, one party does not appear, the judge may proceed, with the trial of the action or any counter claim in the absence of that party. If, however, the plaintiff appears but the defendant does not appear at the trial the plaintiff may prove his claim as far as the burden of proof lies on him. The court ordered the trial to be proceeded in the absence of the defendant. The two plaintiffs testified.
THE PLEADINGS
On the part of the plaintiffs there is the originating summons and Affidavit in support. The Affidavit of Sudi Adaki Sulaimana states as follows:-
2. THAT I was arrested by the police at Zomba Gymkhana Club on 19th March 2001, on allegation that I wanted to overthrow the lawfully constituted Government of Malawi.
3. THAT I was taken to the Regional Police Headquarters at Chichiri in Blantyre where my explanation that the allegations as stated in paragraph 2 hereof was not heeded by the police.
4. THAT I was taken to Chichiri Prison without bail until the 23rd day of September 2001 when trial against myself and three others commenced.
5. THAT on the 24th day of September the trial the State has already paraded 15 witnesses and the DPP has almost finished cross-examining me when the presiding Judge recused himself.
6. THAT in March this year the DPP discontinued the proceedings mainly on the ground that there was no evidence to constitute treason a fact when he only realised after dragging me and the three (3) others through criminal proceedings for 24 days. I attach hereto a Notice of Discontinuance filed with the court by the DPP and mark it exhibit SAM.
7. THAT after discontinuance I was released and let free along with the three co-accused persons after one year of incarceration in jail on allegations that the State ought to have known a long way back that they were not substantiated.
8. THAT I repeat the following paragraphs and state that there was no reason or justifiable cause of arresting and incarcerating me and dragging me through criminal damages for:-
a. Breach of my constitutional right to liberty to be assessed.
b.
Damages for false imprisonment to be assessed.
c.
Damages for malicious prosecution to be assessed.
d.
Damages for defamation as I was viewed by members of the public.
9. THAT at the time of my arrest, I had already made arrangements to go back to the United Kingdom and I was to leave in 2 days' time but my trip was foiled by the arrest and imprisonment.
10 THAT in the United Kingdom I was studying for a Masters Degree in Economics and I was also involved in gainful employment at a salary of 350 pounds per week and due to my arrest and imprisonment I lost both my scholarship and the job for which I am claiming damages for: -
a.
Interfering with my education.
b.
Loss of income at the rate of 350 pounds per week from the date of arrest to the date that I will be gainfully employed again.
11 THAT I attach hereto a letter of my confirmation of appointment in the United Kingdom and Mark it as exhibit SAM 2.
12 THAT due to my arrest my Landlord in the United Kingdom was forced to terminate my tenancy and this led to my loss of property as indicated in the documents attached hereto and marked exhibit SAM 3-5.
On the part of the defendant, there is an Affidavit in Opposition sworn by Mr Nkhata which provides as follows: -
2. I have read the applicant's originating summons and the affidavit of Sudi Sulaimana (hereinafter referred to as the applicant) in support thereof.
3. That the applicant's arrest on 19th March 2001 on charges of treason and his subsequent incarceration was not a breach of his constitutional right to liberty neither was it false imprisonment in so far as the respondent complied with section 42 2 (b) of the Constitution.
4. The applicant's prosecution was based on reasonable suspicion that he had committed an act of treason and thus cannot amount to malicious prosecution.
5. The arrest imprisonment and prosecution of the applicant was not tantamount to defamation in so far as a person intending to commit a criminal act does not get defamed by being charged and prosecuted if that is in fact true.
6.
In any case, the proceedings herein have been irregularly commenced by originating summons instead of a writ of summons and accordingly the court is moved to strike out the originating summons in terms of Order 7 Rule 7 (5).
7. The contents of this affidavit are from my personal knowledge or belief except where stated otherwise.
The issues to be determined by the court –
1. Whether or not the prosecution of the plaintiffs by the State amounts to malicious prosecution.
2.
Whether or not if the claim for the malicious prosecution turns out to be successful, the plaintiffs herein are also entitled to damages for false imprisonment.
3. Whether or not if the claim for the malicious prosecution turns out to be successful, the plaintiffs herein are also entitled to damages for defamation.
4. What are the other heads of damages available to the plaintiffs if their claim for malicious prosecution turns out to be successful; and
5. Generally, whether or not the plaintiff's incarceration amounted to false imprisonment, at any point in time.
THE EVIDENCE
The first witness to testify was Sudi Adaki Sulaimana who adopted his written statement. He also tendered in court documentary evidence in support of his claim for loss of property, employment, and malicious prosecution marked as exhibits P1 to P5. There was no cross-examination. His unchallenged evidence is as follows: -
He was arrested on the 19th March 2001, at around 10 o'clock in the morning, a day before his departure to Manchester, the United Kingdom, where I lived with my three children David, Naomi and Sudi junior.
He was picked up from Zomba in the presence of relatives and many family friends. The police searched his premises and found nothing. He was then taken to Limbe police station in a white land rover where he was detained for 3 days without food or water in a relatively small, heavily congested and smelling cell with hardcore criminals. He was then charged with treason. During the interrogations he was informed that he was being accused of plotting to overthrow the Government of the Republic of Malawi. The police said that they only heard it from a businessman called Chimenya, an allegation that the police failed to substantiate. On the 3rd day, he was then transferred to Chichiri prison after more 36 hours of continuous and torturous investigations.
At Chichiri prison he was detained in a small cell of 4 meters by 7 meters with about 150 inmates originally intended to accommodate about 50 inmates. The cell was poorly ventilated.
In the summer the inside temperatures were unbearably hot and during winter it was freezing cold. At night he slept on the bare floor with a noisy night from unruly inmates, with each inmate occupying approximately one and half foot of floor space. It was torture of the highest degree. Inside the cell there were no provisions for keeping their belongings. As a result they had to use plastic shopping bags toed to ropes hanging from the roof. With a population of 150 inmates there were about 1000 plastic bags hanging half way between the roof and the floor. The total outlook was completely madness, awful and reduced them simply to a bunch of psychotic-like patients.
During the day they had to use folded shirts and trousers as chairs. Lockup time was nearly after mid-day at 3.30 p.m. and unlock up time was 7.00 am that meant he was shut up for almost 17 tormenting and horrible hours on each passing day. He received food once a day. The food was grossly unpalatable and unappetizing made of half cooked beans and porridge-nsima. Once after every several days they were subjected to a security search that amounted to waking up during early hours of the morning and being paraded and searched almost naked.
Then there was the most humiliating, degrading and dehumanising act: responding to the call of nature in the full view of everybody. It was nothing but animalism.
During visitors hours they were made to talk to their relatives and friends through a double meshed wire with a 2-metre space in between. Each visitor was allowed almost 15 minutes of talk time and because of the many people talking at the same time one had to speak at high tone in order to be heard. And this was ridiculous and absolutely dehumanising.
The scale of the psychological pain became unbearable with the fact that his three children were stranded in the United Kingdom. In June 2001 he pleaded with the UK embassy in Malawi to intervene. After seven months of being stranded in the UK the authorities there dispatched the children back to Malawi in October 2001. What was more painful in all this is the fact that the children were academically reduced from being UK high school students to rural primary school pupils in Zomba because he could not afford the school fees at private institutions.
Adding salt to injury his UK employers terminated his contract after 6 months absence without leave, losing in the process a total of about 1,400 pounds per annum.
Worse still during the period he was in custody on 5th May 2002 his landlord in UK disposed of his entire property from the house due to his failure to renew his tenancy agreement. In the process he lost the entire household items.
He applied for bail twice on 21st July and 26th November 2001 but the DPP strongly objected to the bail application while fully aware that the evidence before him did not warrant him to take such a stand. His actions were therefore personal and unprofessional and intended purely to inflict citizens.
The State then brought them to the High Court for trial being paraded before TV cameras and the highly keen media reporters. The trial commenced on the 22nd September 2001 after eight months in custody. They were branded criminals and political thugs by the State. They emphasized that these were men who were only greedy and showing disrespect to a legally established authority. The DPP castigated them further by saying they were pure criminals and nowhere near being politicians. He emphasized this by loudly announcing the theft charges of uniforms. This was highly humiliating and defaming.
During the course of trial things took a dramatic turn when the State arrested Brown Mpinganjira the NDA leader and equally charged him with treason. The motive for this arrest was not clear since they had never shared common interests or discussed anything to the effect of treason. The cooked up connection did not work when the High Court granted bail to the NDA leader and eventually the whole plot collapsed in the face of unconvincing evidence. The DPP was intending to use them perhaps to incriminate the NDA leader. However, they stood to the truth and refused any move to create false evidence. If they had conceded to any pressure to tamper with the evidence available their innocence too would have been in question. The evidence that the DPP tendered against them was kindergarten.
During the course of the trial, however, on the 12th November 2001 after six weeks of continuous and exhausting court attendance events at the court took a dramatic turn when the presiding judge excused himself from the case blaming the State for accusing him of incompetence. At that point they were then shovelled back to prison. This is was the most heart breaking moment of his life.
Despite the discontinuation of the trial all the psychological and economic damage had already been done. Even after release the society still held a negative attitude towards him. Most of his friends hardly associate with him because they do not want to be seen in his company. All hisbusiness contacts and agreements were technically affected and he was and is cut off from the business community completely. His sponsors in the UK also cut off all scholarship and social welfare agreements citing his arrest, detention and prosecution as not being in their interest. His career, academic advancement and his children's education opportunities were immediately suspended. This was the end of the road for a family that was putting all the resources and energies available together for survival and improvement.
The second witness was Colvin Usi Kaumila of care of Box 448, Blantyre. He adopted his witness statement which states as follows:
He was arrested on the 16th March 2001 at his house at Kameza roundabout in Blantyre. During the arrest the police officers without a search warrant violently searched his house breaking many household items as a result. They also arrested his wife. They kicked everyone out of the house including the kids and locked the house up until the next day. That was total harassment of his family most of whom were below the age of ten who could not look after themselves properly. His wife was forced to dig around the house on areas they said were suspicious but never found anything.
He was detained at Blantyre police station in a congested small cell without water or toilet. He was kept in this cell for seven days without food. He was then transferred to Chichiri prison on the 23rd March 2001 after nearly 36 torturing hours of interrogation by police officers. He was then told that a businessman called Chimenya informed them that he was one of them who wanted to overthrow the legitimate and lawfully constituted Government of the Republic of Malawi.
At Chichiri prison he was detained together with TB infested inmates in a critically congested cell. Food was provided once a day, which was poorly cooked and prepared. There was no privacy inside the prison and as such bathing and responding to the call of nature was done in the presence of everyone.
In the course of his detention the investigation officers, in trying to convince his wife to give false incriminating evidence against himself, persistently harassed her. The DPP also used to pick his wife for lunch in an attempt to convince her to give unfounded evidence.
After several weeks in custody, they had applied for bail at least twice but the DPP objected strongly to the bail application on both occasions and were continuously remanded in custody.
On the 22nd September 2001, after eight months in custody, he was taken to the High Court of Malawi for trial. The trial attracted national interest and was highly covered both in the print and electronic media. It was a period of total humiliation.
During the trial the DPP paraded over 15 witnesses all of whom gave evidence that amounted to nothing but assassination of character for a total of six undivided weeks. The accused persons shunting between the court and the prison in an open van with a lot of heavily armed men as they were the most dangerous criminals in the country. As trial progressed the presiding judge abandoned the case on 12th November 2001 saying that he felt uncomfortable to proceed because the State had accused him of wrong doing and at that point he was also an accused person. The DPP without remorse ordered their continued stay in custody.
The DPP came around and on the 5th March 2002 issued a certificate of discontinuance. In his statement the DPP stated that he did not see any material in the witnesses statements. He further said that the testimony of the key witness did not reveal intent to commit crime. This correct assessment of the evidence available was professional but came rather too late. To avoid infringing the constitutional rights of innocent citizens it was right and proper that the DPP would have assessed the evidence before him in his office rather than testing it in an open court. It was grossly unconstitutional to take an entire one year period to assess the strength of evidence against an accused.
During the period he was in custody he lost my job with the M.I.B. security company. He was earning about K180,000 per annum. It was a painful and emotional period that would take many years to heal. The psychological effects caused have far reaching results.
He tendered in evidence a letter showing that he was engaged as Operations Manager with effect from 4th May 1998 at a salary of K144,000.00 per annum and housing allowance of K3,500.00 per month. Another letter showed that he was confirmed in his employment after probation at a salary of K180,000.00 per annum with effect from 31st May 1998. Finally there is exhibit P8 which provides as follows: -
M.I.B. Force Security Group
P. O. Box 2462
BLANTYRE.
Staff No. 002 30th April 2001
cc: Accountant
Dear Sir,
TERMINATION OF SERVICE
It is for the interest of the company to have your services terminated with effect from the date of this letter as you have been absenting from duties for about a month now without a just cause or any information to this office.
Please surrender all company uniforms/equipment issued to you to our stores. By copy of this letter the accountant is requested to take note for his action.
Yours faithfully,
F. C. Pearson
MANAGING DIRECTOR
This evidence too went unchallenged in the absence of the defendant.
THE LAW
Essential Elements of malicious prosecution
The essential elements which must be proved on a tort of malicious prosecution are best explained in Clerk and Lindsell on Torts 12th Edition, paragraph 1695 (at page 894) where it is provided as follows:
"In an action of malicious prosecution the plaintiff must show first that he was prosecuted by the defendant, that is to say, that the law was set in motion against him on a criminal charge; secondly, that the prosecution was determined in his favour; thirdly that it was without reasonable and probable cause; fourthly, that it was malicious".
Once the above quoted four elements have been proved by the plaintiff then the case has been proved.
PROSECUTION BY THE DEFENDANT
What is prosecution?
To prosecute is to set the law in motion, and the law is only set in motion by an appeal to some person clothed with judicial authority in regard to the matter in question, and to be liable for malicious prosecution a person must be actively instrumental in so setting the law in motion. Clerk and Lindsell on Tort, 12th Edition in paragraph 1697.
Further in the case of Danby –vs- Beardsley (1880)43 L.T. 603 Lopes J. described a prosecutor as a man actively instrumental in putting the law in force."
It has also been decided that it is sufficient for one to be called a prosecutor if he signs the charge and express to the police his willingness to attend the court and give evidence against the accused. Malz –vs- Rosen (1996) 1 WLR 1008 and Mohammed Amin -vs- Bannerjee (1957) A. C. 322.
FAVOURABLE TERMINATION OF PROSECUTION
For one to be successful on a claim for malicious prosecution, he must prove what "Winfield and Jolowicz on Tort" at page 514 describe a legal end as follows:
"The plaintiff must show that the prosecution ended in his favour but so long as it did so it is of no moment how this came about, whether by a verdict or acquittal, or by discontinuance of the prosecution, by leave of the court or by quashing of the indictment for a defect in it or because the proceedings were 'coram no judize or by 'non suit' " - Watkins versus see (1839) 5 M&W 720 and Jones versus Gwynn (1712) 10 Mod 148.
LACK OF REASONABLE AND PROBABLE CAUSE
In the case of Herniman vs Smith (1938) A. C. 305, the House of Lords approved the definition of reasonable and probable cause by Howkins J. in Hicks vs Faulkner (1837)3 Bing N.C. 950 as follows:
"An honest belief in the guilt of the accused is based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances which, assuming them to be true, would reasonably lead any ordinary prudent and cautious man, placed in the position of the accuser, to the conclusion that the person charged was probably guilty of the crime imputed."
Another helpful and illustrative definition of reasonable and probable cause is provided by the House of Lords in the case of Glinski vs Mc Iver (1962) ALL ER 696. The Lords at pages 666 to 667 stated:
"This makes it necessary to consider just what is meant by reasonable and probable cause. It means that there must be cause (that is, sufficient grounds) for thinking that the plaintiff was probably guilty of the crime imputed."
Perhaps the best language in which to leave the question to jury is that adopted by Cave J. in Abrath vs North Eastern Rly Co(1883) 11 QBD 247 at 443 "... did the defendants honestly believe in the case which they laid before the magistrates?"
MERE SUSPICION
Mere suspicion is not a justification to commence a prosecution, Clerk and Lindsell on Torts at page 906 paragraph 1715 describes the position of the law as follows: -
"it is not justifiable to commence a prosecution on mere suspicion, Meering v. Graham White Aviation Company 1919 122 L.T. at 56.
For example, it is not a reasonable ground for a charge of forgery that the forged document resembles the handwriting of the party accused, nor is possession of stolen goods a long time after their abstraction a reasonable ground for a charge of larceny. It has been held that the evidence of he plaintiff's bad character has no bearing on the issue of reasonable and notable cause-Clerk and Lindsell on Torts, 12th Ed, p906.
The above position of the law on reasonable and probable cause can be summarized as follows: it is the duty of the plaintiff to prove the absence of the reasonable and probable cause for the institution of the proceedings against him. Such absence may be established in one of the two ways:
a. the plaintiff may show that the prosecutor had no honest belief in the probable guilt of the plaintiff; and
c. he may show that despite the prosecutor's honest belief in the plaintiff's guilt, the facts which the defendant honestly believed would not lead a man of ordinary prudence and caution to that conclusion
MALICE
The proper description of malice is provided by Clerk and Lindsell on Torts 12th Ed. Paragraph 1725 page 911. It provides as follows:
"The term malice in this form of action is not to be considered in the sense of spite or hatred against an individual, but of malus animus and as denoting that the party is actuated by improper and indirect motives; Mitchell vs Jenkins (1883) 5 B& Ad.588. The proper motive for prosecution is of course, a desire to secure the ends of justice. If a plaintiff satisfies a jury, either negatively that this was not the true or predominant motive of the defendant or affirmatively that something else was, he proves his case on the point. Mere absence of proper motive is generally evidenced by the absence of reasonable and proper cause."
In the case of Stevens vs Midland Countries Rly (1854) 10 Ex 352 Alderson B at p356 indicated that where a prosecution for larceny had been instituted "in order to deter others from committing similar depredations' this was declared to be 'not a motive of such a direct character as to afford a legitimate foundation for a criminal prosecution.'
Malawian courts have endorsed the above principles of law and have also stated that to succeed on a claim for malicious prosecution, the plaintiff must show that there was no reasonable prospect of success with the proposed prosecution, and the prosecution has been instigated by the defendant who had acted with malice-Mwafulirwa v Southern Bottlers Limited (1991) 14 MLR 316; Mvula v Norse International Limited (1992) 15 MLR 332.
DAMAGES FOR MALICIOUS PROSECUTION
The leading case on the quantum of damages for malicious prosecution is Savill v Roberts (1698) 12 Mod 208. In the case, Holt C.J. in discussing the question of damages stated that:
"First, damages to his fame if the matter whereof he be accused be scandalous. Secondly, to his person, whereby he is imprisoned. Thirdly, to his property where he is put to charges and expenses."
The first head of damages is payable because the allegations might involve damage to the fair fame of the person accused which cannot be afterwards repaired by the failure of the proceedings.
The second head of damages is recoverable for being put in danger of losing one's life, limb or liberty. If there has been an arrest and imprisonment up to the hearing of the cause, damages in respect thereof should also be included and will be the same as would be recoverable in action for false imprisonment. Mc Gregor on Damages 15 Ed. Paragraph 1629.
Regarding the last head of pecuniary loss, the plaintiff is entitled to recover all losses or charges incurred because of malicious prosecution. In the cases of Savile vs Roberts as well as the case of Berry vs British Transport Commission 1962 1Q.B. 306 it was decided that all plaintiffs' expenses in defending himself against the prosecution are recoverable. Again, in Child's vs Lewis 1924 40 T.L.R. 870 an action for false imprisonment, it was admitted that had the action been for malicious prosecution, the loss of the plaintiff' directors fees by reason of his forced resignation would have been recoverable.
Where malicious prosecution did not lead to imprisonment, loss of liberty could clearly not be contemplated as a head of damages, but damage to the plaintiff's reputation as well as the suffered indignity, humiliation and disgrace justified an award for damages. The court's discretion should be employed. Loss of wages during false imprisonment are recoverable as general damages – Bulla vs Agricultural Development and Marketing Corporation (1993) 16 (1) MLR 32.
1. The guidelines of how damages are worked out in false imprisonment cases are few: generally it is not a pecuniary loss but a loss of dignity and the like and is left much to the jury's or judge's discretion. The principal heads of damage would appear to be the injury to liberty, that is the loss of time considered primarily from the non-pecuniary view point and the injury to feelings, that is the dignity, mental suffering, disgrace and humiliation, with any attendant loss of social status. This will be included in the general damages which are usually awarded in these cases; no breakdown appears in the cases – MacGregory on Damages 14th Ed paragraph 1357.
2.
Damages for false imprisonment are at large and a matter of impression not addition. Damages are not necessarily a pecuniary loss but a loss of dignity and the like and a matter for the court. Previous awards are at the most of little assurance. Munthali v. Attorney General (1993) 16(2) MLR 646.
A DISCUSSION OF THE LAW AND THE FACTS
1) Whether or not the defendants herein were maliciously prosecuted
In order to determine the above issue, the four elements in respect of malicious prosecution shall be discussed vis-`a-vis the available facts as pleaded:-
1.1
Prosecution by the defendant
It is very clear that the criminal prosecution was set in motion by the State through the office of the Director of Public Prosecution. Further it was the Director of Public Prosecution who was actively instrumental in putting the law in force. The said criminal proceedings were conducted in the High Court of Malawi. In the premises, it is very conclusive that there was a prosecution and the same was at the instance of the defendant herein.
1.2
Favourable termination of prosecution
There is no doubt that the criminal proceedings against the defendants were brought to a legal end in favour of the plaintiffs. This is so because the Director of Public Prosecution withdrew the case under section 77 of the Criminal Procedure and Evidence Code. Further, in report of discontinuance by the Director of Public Prosecution, he clearly stated that in his view the case was not credible for prosecution and as such he would not continue with the case. This is a clear testimony that the whole case was in favour of the plaintiffs.
1.3
Lack of reasonable and probable cause
From the facts of the case it is clear that no reasonable and prudent prosecutor could have preferred the charges that were preferred by the Director of Public Prosecution. In all earnest, there was hardly any reasonable and probable cause for instituting the proceedings which were instituted by the DPP.
1.4
Malice
Malice on the part of the prosecutor means no more than lack of proper motive for the instigation of the prosecution. The DPP in the present case displayed clear malice by commencing proceedings against the plaintiffs when it was clear that the charges against the plaintiffs were unfounded. Every reasonable and sober prosecutor should have made this deduction without much ado.
FALSE IMPRISONMENT AND DEFAMATION
False imprisonment is the infliction of bodily restraint, which is not expressly or impliedly authorised by law. It consists of the complete deprivation of liberty for any time, however, short without lawful cause – W.A. Mzunga v. Blantyre Print and Publishing Company, civil cause no 577 of 1995 (unreported). This is the common law position. In Malawi, however, the Constitution has taken a step further by making freedom of movement a constitutional right. Section 39(1) of the Constitution provides that every person has the right of movement and residence within the borders of Malawi.
It is the plaintiffs' contention that their incarceration and arrest were all unlawful and wrongful, hence they were falsely imprisoned by the defendants' agents.
The plaintiffs also contend that their prosecution on the baseless treason charges and subsequent incarceration disparaged their names in the estimation of right thinking members of the society. It is the plaintiffs' submission that the acts of the defendant's agents have resulted to their respective reputations. In fact on head of damaging for a successful claim in malicious prosecution is damages in defamation.
FINDINGS
On the evidence available, I find the defendant liable on all the claims made by the plaintiffs and judgment is hereby entered against the defendant.
Damages
Having given the matter anxious thought and considering of giving the defendant a second chance I would defer making any awards of damages. Instead I direct that the Registrar should appoint a dates for assessment of damages including special damages for 1st plaintiff. The 2nd plaintiff is only entitled to general damages.
The defendant is condemned to pay costs of and incidental to these proceedings.
PRONOUNCED in open court at Blantyre this 26th day of August, 2004.
Chimasula Phiri
JUDGE
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Thursday, February 14, 2013
Lest We Forget: Republic versus Bakili Muluzi & another (1 of 2009)
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
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
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,
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