18 Appoint judges and officials for each of your tribes in every town the Lord your God is giving you, and they shall judge the people fairly. 19 Do not pervert justice or show partiality. Do not accept a bribe, for a bribe blinds the eyes of the wise and twists the words of the innocent. 20 Follow justice and justice alone, so that you may live and possess the land the Lord your God is giving you. Deuteronomy 16:18-20
If a cat gets its hands on a spool of yarn, in no time it can unravel the spool, often entangling itself in the yard upon yard of the spool. This appears to be the case when a team of leaders with personal and corrupt intentions takes the reins of power; the first intention usually leads to plots to stay in office or in a democracy fill the numerous strategic positions with one’s supporters. The Malawi Electoral Commission (MEC) in announcing President Peter Mutharika the winner of the May 21, 2019 Tripartite Elections, even though there was mounting evidence that there were anomalies, has completely compromised Malawi’s democratic progression. The culmination of which is the request for MEC Chair, Supreme Court Judge Dr. Jane Ansah to resign her position. This is surpassed by what really should now take place in Malawi, with the attempts to defeat justice through bribing of the ConCourt justices.
As the Constitutional Court panel of justices appear to be winding toward a decision on the petition brought to it by Malawi Congress Party President Dr. Lazarus Chakwera and United Transformation Movement President Dr. Saulos Chilima, Chief Justice Andrew Nyirenda this week presented what appears to be the straw that may break Malawi’s democracy camel’s back.
Witnesses brought to the ConCourt relayed pristine evidence that underscored the fraudulent way the President was re-elected to the Presidency. Furthermore, during cross witness testimonies, members of the MEC were at pains to freely give their version of the various mismanagement of the election process as stipulated by Malawi Electoral Law. If anything, they underscored the claims made by the two plaintiffs (MCP and UTM).
The icing on the cake in the ConCourt 2019 election case was the revelation by Senior Counsel Mordechai Msiska (who represents the MCP) that the MEC and its commissioners’ lack of transparency in their delegating duties up to and including representation at the ConCourt proceedings contravened the Constitution that establishes the Commission and Malawi electoral Law.
In a recent discourse on the May 2019 Election fraud, the question was asked on this column “who is masterminding this circus?” While that was a rhetorical question that did not need a response and none was given, this week’s revelation by Chief Justice Nyirenda that he has been caused to lodge a complaint to the Anti-Corruption Bureau (ACB) complaints by members of the ConCourt panel of DPP attempts to bribe the justices.
As MEC officials are contemplating how they will spend the millions they are alleged to have received, some people are wondering why the justices made the revelations; supposedly wondering “don’t they have children that they want to send abroad for better education?”
Some good informant sent this tongue-in-cheek response from Evison Cizza (excerpts):
1. To tell us who the winners are before the judgment comes. No winner attempts to bribe a judge, this is the work of a sour loser.
2. To be friends with all sane Malawians, judges are voters too and this is the right time to express their anger for what DPP did to their votes.
3. To save Malawi from the burning hell, these judges have been enveloped in the Holy Spirit and are here judging the wicked one on the throne. They’re proving that this is a divine war where the old serpent doesn’t win. They’ve seen the future of Malawi should they allow bribes.
4. To have eternal and internal peace. No matter how much money one gets through corruption, it never births peace. These judges have a love for peace over wealth.
5. To prepare for their higher positions in the government to come. As Jesus said, “those who do as I say will be with me where I’m going”. These judges have chosen to work with a heavenly chosen regime to come and undoubtedly these judges have plans of reforming and building Malawi.
6. To make history as clean and real judges of the land since time in memory. It’s about legacy, telling the world that justice is available when people need it the most. It’s about nyota/medals as every great man craves so much to be recognized.
These are great reasons indeed; the ConCourt panel is to be congratulated, and the Chief Justice to be lauded for bringing the justices’ complaints into the public domain. Malawians have the right to know that the MEC declared winner, President Mutharika and the DPP and his cohorts continue to bend the rules of Malawi. This is a grave travesty of the country’s judicial system and contravening the Constitution.
As the Commonwealth Lawyers Association (CLA) stated in its January 14, 2020 press release, “an independent impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice.” These are vital elements of all democracies.
The cumulative effect of the numerous actions of this President and the DPP in 2019 are a big burden to bear for Malawi. Malawians should not allow this cat to unravel the yarn of democracy that we threaded together in 1993-1994 for the benefit of all Malawians in the sphere of the multiparty dispensation that is free from corrupt dealings and fraudulent practices as bribing judges.
Long live genuine democracy!
