Malawi pres. statement on Paul Mphwiyo shooting saga

My fellow Malawians 

In the past few weeks there have been a lot of information regarding the barbaric shooting of Budget Director in the Ministry of Finance, Mr. Paul Mphwiyo. 

While investigations are undergoing , I must make it clear that while alot is being said about the incident, my administration believes in the rule of law and that’s why I have directed for the Police and the Anti-Corruption Bureau to immediately institute thorough investigations so we can all get the truth of the matter in time to enlighten the public as to what exactly happened. 
I will do whatever it takes to see to it that appropriate action shall be taken as soon as the investigations are thoroughly completed.

In the meantime, I must warn everyone that I will not allow any government official or ordinary citizen to interfere with the ongoing investigations. I also appeal to the media and everyone to refrain from making speculative statements that will interfere with the investigations. Let us all give opportunity for the process of criminal investigations regarding the shooting to be completed.

Once again, let me repeat what I said at the commemoration of Anti-Corruption Day in February this year that , there will be no sacred cows in my quest to root out corruption in Malawi and please be rest assured that no official allegedly involved in shady dealings will be spared from the long arm of the law. 

Lastly, I have learnt with a big sigh of relief that Mr. Mphwiyo is currently recuperating in the Republic of South Africa and is making steady progress according to medical reports. 

We wish him a quick recovery so he can assist our government with the ongoing investigations as soon as possible. 

Thank you all for your support and prayers. 

May God bless you all.

Dr. Joyce Banda
President of the Republic of Malawi

 

Chorleywood Olivia Cookson ready to share her Malawi Adventures

LILONGWE – A young Chorleywood teacher has given up all her home comforts to spend the next academic year educating youngsters in Malawi. Having just finished a degree in Primary Education instead of looking for a job she joined an organisation called Latitude that offered the opportunity that finds her in Malawi.

 

Olivia Cookson,says on her blog reasons for choosing Malawi were not extensive. In fact, much like her choice of university, it had an awful lot to do with looking at pictures and then deciding Malawi it was going to be.

Once in Malawi however she is hoping to set up a cultural exchange between the Ngara school where she is working as a volunteer and some British schools who are interested in learning African cultures.

Olivia Cookson story was featured in her local paper the Watford Observer. She encourages her friends back at home and those interested to follow what she calls hugely exciting opportunity to visit her blog at http://mymalawiadventure.wordpress.com/

Chorleywood is a village and civil parish in the Three Rivers district of Hertfordshire in the United Kingdom. It had a population of 6,814 people at the 2001 census The parish of Chorleywood as a whole has a population of 10,775. The town lies in the far south west of Hertfordshire, on the border with Buckinghamshire. Chorleywood is located 31.8 kilometres (19.8 mi) north-west of Charing Cross in London. It is part of the London commuter belt, and included in the government-defined Greater London Urban Area.

Muckracking Extra: Standing with Kenya

No doubt what happened in Nairobi in the past week when some jihadists stormed an upmarket shopping complex is nerve-chilling. Islamists belonging to the Somali al-Qaeda-affiliated al-Shabaab militants blasted their way into Westgate Shopping Mall and took positions in the multi-storey Nakumatt Supermarket shooting shoppers and workers with reckless abandon.

By the end of their madness 72 people, including at least six jihadists, were dead. Over 200 were injured. These figures may increase since authorities are yet to comb every nook andcranny of the vast complex.

The Kenyan capital is just two hours away from Lilongwe and Malawians pass through JomoKenyattaInternationalAirport daily, to say nothing about those Malawians resident there.

So, as Malawians, what happens in Kenya must concern us. What lessons, therefore, can we learn from this unfortunate incident?

For starters, let me say I was rather disappointed with the responses Home Affairs and Internal Security Minister Uladi Mussa gave a radio station in the aftermath of the Nairobi massacre. The minister categorically said such an attack cannot happen here.

Really? Was Chenji Golo not in government in 2003 when the Bakili Muluzi administration arrested six suspected al-Qaeda operatives with the help of the CIA?

I think what we should be worrying about is not whether such attacks can happen here or not, but rather whether we are ready to respond effectively.

I have been to Westgate; it is a vast complex with notable security. But see how the Islamists beat the system. How can we fare, security-wise, if – God forbid! – we are visited with such an attack?

And how ready are our hospitals to deal such a large-scale emergency? We always read about drug stock-outs in our hospitals, to say nothing about our blood banks always thirsting for supplies.

We must think about these things, as my senior colleague Zebedee would put it.

State of flux old

“Stupidity is also a gift of God,

but one mustn’t misuse it”

– Pope John Paul II

Eight of Malawi’s most important development partners on Friday issued a brief but straight-to-the-point joint statement on the yet-to-be-solved mysterious shooting of Budget Director Paul Mphwiyo.

The donors correctly described the shooting as “worrying”, a development they said puts the country’s very stability at risk.

Since the unprecedented shooting of the youthful technocrat lots of theories are flying about, some of them pretty scary.

From the beginning authorities have not treated this incident as a regular crime. The Office of the President and Cabinet was unequivocal in stating that the attempt on Mphwiyo’s life was meant to slowdown the administration’s crusade against corruption. In fact the President herself did one better. In her own words, Joyce Banda unambiguously told all and sundry that she not only knows who was behind the hit; she knows the motive as well.

Which begs the question: why is it that two weeks down the line the police still are none the wiser about this case? Granted, some arrests have been made but, if truth be told, these are not the kind of arrests one expected considering the innuendoes from high up.

Or am I missing something?

Whatever the case I guess this state of flux is what prompted the eight ‘wise men and women from the East and West’ to say: “We urge swift and credible investigations that leave no stone unturned, allowing the investigating authorities to act without fear, INTIMIDATION or HINDRANCE.” (Emphasis is mine).

Underline the words “intimidation” and “hindrance”. Why is the supposedly ‘open and shut’ case taking too long to crack? After all, the initial official statements not only showed that someone was caught with a hand in the cookie jar but the proverbial smoking gun was still smouldering as well.

Or did some people spoke before their tongues were ready?

Notwithstanding that the shooting of Mphwiyo has kicked open a can of worms, a kind of Pandora box that is refusing to be shut. Daily we are suddenly hearing of how millions of tax-payers money are growing wings out of Capital Hill. The Financial Intelligence Unit – whose existence some of us were hitherto remotely aware of – is suddenly visibly tracing some funny pay-outs.

Maybe, cynically, the unfortunate shooting of Mphwiyo may just produce some positive outcome. Maybe the smell of Mphwiyo’s blood will smoke out the ghosts of corruption and fraud on Capital Hill…

…Just maybe.

It is very easy nonetheless to apportion blame for this ‘open sesame’ on state coffers. The buck, as they say, stops right at the doorsteps of President Joyce Banda. Is she on top of things? Is she being taken advantage of?

To be fair, she has been in office for just over a year. She surely inherited a rotten system that needs a complete overhaul.

But, still, she is the one in charge now and how she handles this emerging crisis will go a long way in writing her name in the stars or in the embers of hell.

There are several things she can do but the first is to own up that there is a crisis and desist from deflecting blame elsewhere.

This crisis has the potential of eroding trust in her governance abilities. She is facing a serious risk of being judged on mere perception. This is how I mean: obviously she inherited 99 per cent of the civil service but she brought in her own boys and girls to key corners of Capital Hill. If some of these are found wanting she must act decisively.

Perception, as they say, is key in politics. The moment she is perceived to be dithering on this touchy-feely issue or shielding some people she risks being labelled the architect-in-chief of the whole plunder of public resources.

The administration must read the donors’ statement between the lines. Ok, the statement might be brief, predictable and diplomatic, but the administration must read what is not being said in that brief statement. By saying these developments “potentially risk Malawi’s stability, rule of law and reputation” the donors may well be saying Malawi is already unstable, the rule of law has broken down and that its reputation is already on the radar.

The donors have cleverly borrowed the presidency’s very words to drive the point home. Look at how many times the word ‘corruption’ has been used in such a brief statement. Aid may soon be tied to how tough President Banda’s fight against corruption may be.

So Abiti has to be tough and decisive in her crusade against corruption regardless of who is in her sights. Bingu wa Mutharika may have been the very antithesis of a role model but at least the Big Kahuna was tough, resolute and decisive even on some of his crazy decisions.

Bingu literally practiced the kupha nyani saona nkhope maxim. Remember how he decisively dealt with Ralph Kasambara, Ishmael Wadi and Gustave Kaliwo – his famed ‘three young bright minds’ of his first term. When they overstayed their welcome, Bingu dispensed with them like, excuse the pun, used condoms.

President Banda does not have the luxury of time. She entered State House when the election gear was about to kick in. The tragic manner that her nascent People’s Party became the de facto ruling party means she already has a bitter enemy in the Democratic Progressive Party that cannot wait to see the back of her.

As if a wounded buffalo in the DPP is not already a handful, Abiti has to fight off a determined resurrected political phoenix and some young chap with a very familiar political name.

So the next elections are no longer for the President to lose as things were soon after she brought a breath of fresh air to our politics that was heavily satiated by her eccentric predecessor. Now she has to prove to voters she is not just ‘one of those’ Malawian leaders.

The way to prove her mettle is not just by reversing Bingu’s arrogant ways. Dealing with continuing crises from her predecessor may be easy. How to deal with a fresh crisis may not be as easy.

How she pulls this off will prove whether she is the leader, not a mere leader, if you see what I mean. 

UN: Tanzania Kikwete avoids Malawi dispute, says Millennium targets must be completed

ATLANTA – In his address, Jakaya Mrisho Kikwete, President of Tanzania said that is vital to complete the “unfinished business” of the Millennium Development Goals (MDGs) so that Governments can make informed decisions about the shape of the post-2015 agenda. The theme of this year’s General Debate, “Setting the Stage” afforded an opportunity to closely examine the successes and gaps in MDG implementation.

One crucial element going forward will be to put in place effective financing mechanisms to ensure that developing countries will be supported in the effort to attain unmet Millennium targets and to make headway on the yet-to-be agreed successor Goals, which should be focused on sustainable development, he said.

President Kikwete went on to highlight Tanzania’s successes regarding Millennium targets for universal primary education, reducing the prevalence of HIV/AIDS, and improving access to water and sanitation, among other gains. At the same time, Tanzania will continue to look to the United Nations to provide assistance and guidance in the final push towards the 2015 MDG deadline

President Kikwete however did not mention the dispute with its Neighbor Malawi over Lake Malawi or Lake Nyasa If you are in Tanzania

Malawi, which sits to the west of Africa’s third-largest lake, claims the entire northern half of the lake while Tanzania, to the east, says it owns half of the northern area. The southern half is shared between Malawi and Mozambique.

In 2011,  Malawi awarded exploration licenses to British-based Surestream Petroleum to search for oil in Lake Malawi, which is known as Lake Nyasa in Tanzania.

War criminals can’t hide behind confidentiality clause in refugee law says SA Constitutional Court

JOHANNESBURG – The South African Constitutional Court ruled today in Mail and Guardian Media Limited and others v Chipu NO and others that provisions contained in the Refugee Act providing for absolute confidentiality in the context of refugee applications are unconstitutional and invalid being an unreasonable limitation on the right to freedom of expression.

In reaching this finding, the court placed reliance on arguments made by the Southern Africa Litigation Centre (SALC), acting as friend of the court, that absolute confidentiality could serve to shield war criminals from accountability.

 

This case involved a constitutional challenge by a number of media houses to section 21(5) of the Refugees Act 130 of 1998, which provides for blanket confidentiality of refugee applications. The media challenged  the provision in the Refugees Act requiring confidentiality to be respected at all times and barring the general public, including the media, from Refugee Appeal Board hearings, infringing the right of media freedom.

In a unanimous judgment written by Justice Zondo, the Constitutional Court recognised that the absolute confidentiality provisions contained in the Refugees Act are so wide that even those persons who have committed crimes against humanity or war crimes and so are disqualified from getting refugee status would be shielded in that no public access would be granted to their refugee applications. This, the court held, was illogical.

SALC’s submissions before the Court centred on the import of South Africa’s international obligations to ensure accountability of perpetrators of international crimes.

“Our arguments recognised that confidentiality plays a vital role in the protection of asylum seekers, refugees and their families, and must be maintained,” said Nicole Fritz, SALC’s executive director. “However, there are risks associated with a system of absolute confidentiality and the Court’s judgement today recognises these. The long-term security of refugees depends upon the integrity of the status determination process, which can only be ensured with some degree of transparency.”

While the refugee system is predominantly designed to protect those seeking asylum, the legislation also plays an alternative role: an exclusion clause prohibits the grant of refugee status to persons suspected of committing the international crimes of genocide, war crimes and crimes against humanity. It is through this provision that refugee law intersects with international criminal law and assists states in identifying suspects who trigger state obligations to prosecute or extradite international criminals.

“The impact of the confidentiality clause in the legislation extends beyond access of the media to appeal hearings,” Fritz continued. “By preventing scrutiny of all aspects of the process, absolute confidentiality risked damaging its integrity and made the refugee process aberrational in South Africa in that it was immune from the constitutional imperatives of accountable and transparent governance. The Court’s judgment today puts an end to that.”

The Constitutional Court suspended its declaration that S 21(5) was invalid for a period of two years, allowing Parliament to amend the provision and cure the unconstitutionality. It ruled that in the interim, the Refugee Appeals Board would have discretion to allow access by the media or other members of the public to its hearings subject to certain conditions, including that it be in the public interest to grant such access.

SALC was represented by Wits Law Clinic and by advocate Susannah

Source: Southern Africa Litigation Centre

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