By Rick Dzida
The dictatorial tendencies of the Malawi Congress Party (MCP) under the single party system forced Malawians to agitate for change.
It was therefore not flabbergasting when the then MCP lost grip of power to Dr. Elson Bakili Muluzi, United Democratic Party (UDF) in 1994.
Since then, Malawi has flourished in various constitutional freedoms including the freedom of speech, expression and association.
Fast forward, does the current regime respect and advance multiparty democratic principles and values?
Unfortunately, there are deliberate attempts by the current Tonse Alliance regime to undermine our hard-earned democracy.
Our multiparty democracy has been captured and paralysed in numerous ways by the current regime.
During the Democratic Progressive Party (DPP) regime, an audio was leaked that featured Dr. Lazarus Chakwera and Timothy Mtambo allegedly conspiring to create an impression that DPP government was failing. This was the genesis of the whole plot.
When the results of the 2019 Presidential elections were announced in favour Prof. Arthur Mutharika, the ploy was to reject the results based on the presence of mere irregularities.
In unison with Dr. Saulos Chilima, Dr. Lazarus Chakwera lodged their dissatisfaction of the electoral results to the High Court. The case was later referred to the Constitutional Court.
The second move was to create fear among the Malawians and judges to compromise the course of justice because they realised that they had a weaker case.
It was clear that elections could not be nullified based on mere presence of irregularities. In fact, there must be evidence that the contested irregularities affected the votes of any presidential candidate.
The demonstrations engineered by Human Rights Defenders Coalition had the total blessing of MCP and its accomplice, UTM.
The judges who were handling the elections case lived in fear due to the incessant demonstrations. At one point, the court was invaded by the gule wamkulu, a popular traditional dance in the MCP stronghold. All this was done as a conspiracy to murder the course of justice.
Out of fear, the judges delivered controversial and contradictory verdict:
1) The Constitutional court nullified elections although there was no evidence that the irregularities affected any presidential candidate’s votes.
2) The lower court , the Constitutional Court, overrode the decision of the higher court, the Supreme Court of Appeal, on the interpretation of the word ‘majority’ found in the Constitution.
3) The judges breached the very same constitution they were supposed to defend by instructing the National Assembly to change the Constitution so as to accomodate ’50+1′ majority. The Constitution of Malawi provides the independence of three arms of government which the judges chose to breach.
4) As a consequence of contradictions from the constitutional judges, the same word ‘majority’ is applied differently; 50+1 for presidential elections and first-past-the-post for Members of Parliament (MPs) and councillors elections.
5) The misinterpretation of the Malawi Constitution by our Constitutional court judges has created anomalies on the period of tenure of MPs. Majority of the MPswill serve in office for six years contrary to the Constitution of Malawi.
From the foregoing reasons, it is clear that the Constitutional judges erred probably due to fear orchestrated by MCP’S conspiracy to assassinate the course of justice.
Even during the fresh Presidential elections, a voter voted out of fear of the recurrent violent demos if Prof. Arthur Peter Mutharika woud win.
The conspiracy to assassinate multiparty democracy still continues up to now. The MCP led government has captured almost all sectors of service delivery.
Obviously, the executive is headed by the President Dr. Lazarus Chakwera , leader of MCP. The National Assembly by the Speaker , Catherine Gotani Hara, another MCP sympathiser. The Judiciary by Andrew Nyirenda, who was reinstated to the position of Chief Justice by the same MCP regime.
It is therefore not astounding to conclude that all three arms of Government are headed by MCP sympathisers.
The main opposition party (DPP) has been captured too. Amid DPP intraparty squabbles, Kondwani Nankhumwa was endorsed as the leader of opposition in parliament by the speaker, Catherine Gotani Hara, the MCP sympathiser. This is the very same reason that Kondwani Nankhumwa has not offered the required checks and balances on MCP led government.
The conspiracy to murder multiparty democracy further continues. The MCP government is enacting draconian laws that are in conflict with the Malawi Constitution.
President Chakwera recently assented to the bill that limits the employees’ constitutional right to hold industrial strikes.
The Attorney General is busy now formulating a law that will take a suspect as a convict before trial takes place. He proposed that any employee suspected of fraud should be punished by withholding hissalary during the interdiction period.
The MCP government has resolved to pursue selective justice. They arrest the DPP suspects only, leaving Tonse Alliance suspects free. Their agenda is to weaken the opposition party, DPP further.
To assassinate multiparty democracy, MCP led government has tried to stop demonstrations by using state machinery either through the Police service or through the City Assemblies.
For instance, the arrest of Bon Kalindo and Silvester Namisa , the human rights activists, is a clear testimony that Malawi is slowly sliding into a dictatorial system.
The MCP led government has also employed what they call Media Team whose agenda is to defend any impunity practised the current regime.
Recently, some radio and TV stations have been threatened with closure if they carry or anchor any DPP messages.
The conspiracy to assassinate our multiparty democratic freedoms must stop forthwith. Some patriotic Malawians fought hard for this democracy. It did not come on a silver platter.
Send feedback to: Rick Dzida, Email: rdzida@gmx.com
Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or Editor