The High Court in Blantyre, Malawi, has ruled that the Blantyre City Council (BCC) violated Malawians’ right to dignity when it decided and commenced to erect a statue of Mahatma Gandhi who made racist comments against black people.
This means BCC cannot proceed erecting the statue whose construction works were at an advanced stage before being stopped in October 2018 through a court injunction that was obtained by a group calling itself, Mahatma Gandhi Must Fall Movement.
BCC wanted to erect the statue by the Roundabout near Queen Elizabeth Central Hospital in Blantyre.
Among others, the Movement, through Pemphero Mphande and Mkotama Katanga Kaunda, first and second claimants, respectively, [in case-Civil Cause No. 138 of 2018, argued that Gandhi was a not Malawian to be honoured with a statue in the country.
They also argued Gandhi was a racist who is on record having called black people “Kaffirs”, which according to the Movement is a derogatory term of the equivalence of “negro”.
And after lengthy Court battle between the claimants and BCC, High Court Judge Mike Tembo, who also granted the injunction stopping the erection of the statue in 2018, noted that BCC violated the right to dignity of all Malawians who did not want the statue according to section 19(1) of the Constitution of Malawi.”
Justice Tembo, in his ruling delivered in an open Court on Thursday, faulted BCC’s reference to the erection of the statue of Dr. Hastings Kamuzu Banda and the attempt to use that to justify the erection of Gandhi in the country.
“The two figures are incomparable. The one in contention in this matter is not a Black African and is a non-Malawian who clearly made well documented racist comments and held like views about Black people.
“He cannot be compared to Dr. Hastings Kamuzu Banda whose statue was erected because he is part of the history of this country, although he was at the helm of the autocratic rule,” stated Tembo.
The judge further concurred with claimants that the State and its organs, such as BCC, has an obligation to protect and promote the human rights of the people.
“In short, this Court agrees with the entire submission of the claimants that the decision of the 1st defendant in allowing the erection of the Statute herein violates the right to dignity of the claimants and others like them who protested against the erection of the Statue.
“The 1st defendant by its decision herein violated section 19 (1) of the Constitution with regard to the claimants and others who joined in protesting against the Statue,” explained Tembo.
He also said the fact that there is a road named after Gandhi does not diminish the gravity of the violation to right of dignity considering that the road signage is less compelling in terms of effects on the claimants compared to the Statue that would command the view of the area where it was intended to be erected and would project its gaze on those passing by.
“In the final analysis, this Court finds that the decision of the defendant that was in contravention of section 19 (1) of the Constitution would also compel this Court to allow the reliefs already granted to the claimants herein the defendant is condemned to pay the costs of the successful claimants to be assessed by the Registrar,” ruled Tembo.
Commenting on the development, Mphande said the ruling should serve as a warning to office bearers that Malawi is not for sale.
“And also, a lesson to the youth that if we are brave, our voices will be heard. It is all our duty to ensure that Africa and Malawi are safe from imperialists and neocolonialists.
“We have to promote our culture and history for future generations. Thank you, Malawi, this is a win for our dignity and sovereignty as a country,” he said.