If Malawians are a decent and a God-fearing people as they often claim to be, then there are no two ways about it. Apologies galore are due to “Sir” John Kapito.

“Sir” John Kapito, our own ‘lunatic’ foresaw this “cash-gate beast” that now threatens to consume the Joyce Banda administration. The man, John Kapito, deserves a solemn apology from each one of us.

Just to remind you, not too long ago when Kapito was in town – headlining every daily and news bulletin in, of course, all newsrooms except the state funded Malawi Broadcasting Station (MBC), calling for the resignation of President Joyce Banda and the then Minister of Finance Ken Lipenga, he was ridiculed.

‘A spent force’; ‘an expired member of this third millennium’ and ‘a man struggling to remain relevant’ are all phrases that inundated Malawi social media.

Well, look who is laughing now?

 All that the John Kapitos, Billy Mayayas and those like-minded patriots were saying was: Malawians, let us not clap hands lest we clap for a wizard. We should have President Joyce Banda and her cohorts under our control, not vice versa; they warned us.

This wisdom however turned out to be futile. All the marching and what have you were attempts to draw water out of a stone.

“’A fool’, ‘a sexist’ this John Kapito is!” – people drank from parties said.

One ruling People’s Party (PP) officially went further, describing “Sir” John Kapito as a frustrated, disgruntled spoilt brat who fights for his own political and financial gains. And one minister joined the chorus, alleging that John Kapito is a drunkard.

According to PP’s publicist Ken Msonda, the demos that Kapito was agitating for were simply aimed at tarnishing the “democratic leadership style of the state President H.E. Dr Mrs. Joyce Banda and the ruling party.”

But wait a minute.

What remains now to “tarnish” with respect to the banditry, looting, and mafia style burglary that has characterized “the democratic leadership style of the state President H.E. Dr Mrs. Joyce Banda and the ruling party”?

Who is having the last laugh?

Was John Kapito indeed ‘a fool’, ‘a sexist’, and against Pres Banda for her being a woman?

Malawians need to rethink, lest they wake up one day and find that they have, for a grain of maize, sold their legacy. Wisdom advises not to throw away bubblegum because of a morsel of bread.

It is in this regard that we want to urge decent Malawians to unreservedly apologize to “Sir” John Kapito – the last man standing.

Capitol Hill is almost shut down. Most top officials have either been arrested or, at the “breakthrough” rate we are going they will soon be in the ‘chitokosi’.

The “mighty” donors have spoken: they are withholding aid. Can anyone out there dare call “Sir” John Kapito an attention seeking individual anymore? 

Yes, if they were high on some banned substance.

If when we had donor money loaded in our ceilings, car boots and what have you, we were failing to pay our esteemed teachers in time and resource our hospitals; what will happen now that donors have woken up from their slumber?

To paraphrase Kapito on corruption long before it triggered the tell-tale “four bullets for one director”, what does Pres Banda have to show for her being at the helm of Malawi Inc.?

Aren’t we “flying headless” as Sir Kapito one time alleged?

Kapito talked, marched and delivered a petition on among other things “high levels of corruption”. Some “headless chickens” it now appears, said he was trying to find relevance. My word to John Kapito is:

“Sir John Kapito, keep the fire burning! If it were possible to clone you just ten times, Malawi and Malawians would have been living in a developed country!”

To paraphrase one veteran columnist, who has apparently given up on Malawi, as I sign off, I will say: I rest.

The games, Ladies and Gentlemen, have just begun. Aluta continua!

SUPREME COURT OF APPEAL ORDERS SOUTH AFRICAN POLICE
TO INVESTIGATE CRIMES AGAINST HUMANITY COMMITTED IN ZIMBABWE 

Johannesburg, 27 November – In a landmark decision for local and international justice, the South African Supreme Court of Appeal today ordered the South African Police Service (SAPS) to investigate high level Zimbabwean officials accused of committing crimes against humanity in Zimbabwe.

In its judgment, the Court made it clear that the perpetrators of systematic torture – as was alleged in this case – can be held accountable in South Africa regardless of where the offending acts took place. The Court noted that such crimes strike ‘at the whole of humankind and impinge[] on the international conscience’.

 

 

“The Court’s decision makes it clear that South Africa has a legal obligation to investigate the perpetrators of international crimes wherever those crimes were committed,” said Priti Patel, Deputy Director of the Southern Africa Litigation Centre (SALC), which brought the case along with the Zimbabwe Exiles Forum (ZEF). “The Supreme Court ruling confirms that the dispensing of international justice is not restricted to international forums, and commits the South African authorities to play their part in ensuring that torturers and other international criminals are held accountable for their actions.” 

 

In 2008, SALC submitted a dossier to the National Prosecuting Authority (NPA) containing evidence of the involvement of key Zimbabwean officials in perpetrating crimes against humanity in relation to the torture of opposition party members in March 2007 – and called on the National Prosecuting Authority (NPA) and the SAPS to initiate an investigation into the alleged crimes. 

 

The NPA and SAPS refused to investigate so SALC and ZEF appealed this administrative decision to the High Court, which ruled in their favour in 2012. That decision was appealed to the Supreme Court of Appeal. 

 

During its ruling today, the Supreme Court outlined the evidence in the dossier noting that it included evidence of severe physical assaults, including the use of baseball bats, water-boarding and electrical shocks being applied to genitalia by Zimbabwean officials. 

 

“Zimbabweans can be proud today knowing that South Africa will not shirk from its responsibility to ensure justice for victims of crimes against humanity,” said Gabriel Shumba, the Chairperson of ZEF. “This judgment is a critical step in the international fight against impunity.” 

 

SALC and ZEF were represented by Lawyers for Human Rights and by Advocate Wim Trengove SC, Advocate Gilbert Marcus SC, and Advocate Max du Plessis. 

 

For further information:

Priti Patel, Deputy Director, SALC: +27 11 587 5065; +27 71 484 3464; pritip@salc.org.za
Gabriel Shumba, Chairperson, ZEF: Cell + 28 84 664 9798; gabmrech@gmail.com
Caroline James, Project Lawyer, SALC: +27 11 587 5065; +27 72 200 1813; carolinej@salc.org.za 

SALC promotes human rights and the rule of law in southern Africa through litigation, advocacy and training. ZEF seeks to combat impunity and achieve justice for human rights violations in Zimbabwe and to support Zimbabweans in exile. 

 

From September, 2013, the country’s media has been awash with stories on the infamous cash-gate. Cash-gate is the word that has been coined following the discovery of a nefarious syndicate that comprised public servants, bankers and entrepreneurs, which led to the pilferage of millions of public funds.

 

Ever since, the conventional media has faced stiff competition in its reportage since the social media has dominated as a platform for scoops. Malawi, being a nation that is making strides in terms of development, has been caught off-guard with the absence of cyber laws or any legal instruments to mitigate unethical postings on the e-media, including social chat rooms and forums like Facebook and Twitter.

 

In this regard, the cash-gate incident has been used as a means of settling scores on one hand, and advancing schemata that can cement national development on the other.

 

Upon serious analysis, it has been noted that the cash-gate incident of 2013 was precipitated by the events that unfolded upon the instituting of the cash budget in 1994. In addition, it should be noted that the dawn of democracy created an opportunity for the public servants who might have had fiendish mind to loot the national coffers.

 

From 1994, cases of corruption and fraud have dominated, not necessarily because the human race has been bent on theft, but it’s due to the fact that the free media has used its existence to expose any incident that is newsworthy. While in the one party state the media was strictly controlled and less free to expose corruption and theft.

 

 

At the same time, we have noted that the introduction of IFMIS was as a result of prior actions leading to HIPC debt relief. IFMIS had challenges at implementation stage that included; HRMIS and debt service module and improper budgeting by spending agencies.

 

Consequently, budget provisions are exhausted before the end of the financial year leading to a lot of deliberate misallocations. And the common problem of power blackouts continues to be a challenge. Of course, the list is long.
Indeed, the truth is on holiday as far as the cash-gate is concerned. Other reports that have taken advantage of the fact that the truth is on holiday like ‘License to Loot’ by UK based barrister at law Z. Allan Ntata have hinged on items from the social media and mere uninvestigated cases that have been featured in the media since the whole episode attracted started.

 

The ‘License to Loot’ report has failed to give a background to the genesis of cash-gate and its content comprises mere allegations and imaginations on an issue that has its background to the cash budget introduction and subsequently the IFMIS platform. Instead, it focused its contents in trying to bring in the polity and other private persons.

 

In this regard, ‘License to Loot’ is basically trying to amplify various comments that have emerged from September 13, 2013. We have attempted to bring out comments in a form of various exposé from people of all walks of life, and these include diplomats and the recent IMF mission to Malawi.

 

We have captured these comments from Malawi’s authoritative media-The Nation Publications Limited- publishers of The Nation, Weekend Nation and Nation on Sunday. This also includes The Times Group, which comprises the Malawi News, Daily Times, The Sunday Times, Times TV, Business Times and Weekend Times.

 

Our humble and sincere role is to bring out the truth because from September 13, 2013, the truth has been on holiday. For instance, there is no haulage company that has a fleet of more than 350 vehicles in Malawi, yet other reports like ‘License to Loot’ are insinuating this illusion.

 

In the meantime, more than 68 arrests have been effected, 33 bank accounts have been frozen, a lot of property has been attached, and more than18 cases are before the court of law. Already, the Assets Declaration Bill was passed in October, forensic audit and upgrading of IFMIS platform is in progress and positive results are already registering.

President Dr. Joyce Banda dissolved cabinet and two ministers were dropped, including Minister of Finance. A former Justice Minister is on remand at Zomba Central Prison for being suspected of having played a role in the shooting of the Budget Director.

 

The government of Malawi has drawn a Matrix of Actions to correct the situation and this is being done in close collaboration with the development partners. The State President has taken the lead in fighting corruption, as has been the case with her warning statements in every State of the National Address.

 

In June, this year before the cash-gate breakthrough, the State President informed the EU Head of Delegation and the British High Commissioner to Malawi about her intentions to review the IFMIS platform.

 

On September 7, 2013 the State President told a galaxy of economists at their annual conference in the lakeshore district of Mangochi that the IFMIS platform deserved to be reviewed. The State President tasked the Attorney General and the Minister of Justice the with the retouching of the Assets Declaration Bill.

 

From the above, it’s very unfair and folly to assume that there was a license to loot and indeed the truth was on holiday. We sincerely hope that the picnic for the truth is now over with what we have outlined in this publication.

 

CHALLENGES OF THE IMPLEMENTATION OF INTEGRATED FINANCIAL MANAGEMENT INFORMATION SYSTEM (IFMIS)
 BACKGROUND

In November 2005, Government of Malawi embarked on the implementation of the EPICOR based IFMIS using its own resources. The aim of IFMIS was to improve and strengthen public expenditure management to bring about fiscal discipline.

 

It started with connectivity of few ministries as a pilot phase. A year later, more ministries and departments got connected to IFMIS. The connectivity was affected to ministries that were already on Government Wide Area Network (GWAN).

 

Ministries and departments not on GWAN were processing their payments using Date Centre in the Accountant General Department (AGD)

 

Three Regional Centre Payment Offices (CPOs) were established to handle accounting transactions for the respective regions. These CPOs were established in the regional Treasury Cashiers (RTCs), namely Mzuzu, Zomba and Blantyre.
Three independent sites were operational, namely Police Headquarters, Malawi Defence Force (MDF) and State Residences.

 

To date almost all sites at Central Government level are online.

In local Assemblies, rolled out to seventeen sites using serenic navigator solution.

Sharing of passwords: Officers usually share passwords when they are on holiday or during funerals.

OBJECTIVES OF IFMIS

IFMIS was set up with the following objectives in mind:
· To integrate all accounting modules;
· General Ledger;
· Accounts Payable;
· Accounts Receivable;
· Commitment planning and control including production of Local Purchase Orders; and Cash Management, Cash flow planning and forecasting
· To provide Government with an upgraded and state of the art computerized accounting system;
· To ensure that other sub systems are properly interfaced with IFMIS. For instance, Human Resources Management Information System (HRMIS) and Debt service sub system;
· To enable Government reduce domestic borrowing and accumulation of arrears; and
· To assist Government in the production of timely and reliable financial data.

ACHIEVEMENTS OF IFMIS
· Fiscal discipline has been achieved
· Creation of arrears has been minimized
· Re-alignment of expenditure to budgetary provisions has been improved
· Congestion in processing and payment of pensions has been minimized
· Timely production of accounts including appropriation accounts
· The Active Planner (Budget module used by Budget Division of the Ministry of Finance) has been fully integrated with

IFMIS
· Disaster Recovery Site (where data between the two sites is mirrored) has been installed
· Connectivity with Malawi Revenue Authority (MRA) is operational
· Adoption of Government Financial Statistics (GFS) coding
· With fast developments in the ICT industry, it became critical to upgrade both EPICOR as well as its operarting environment including storage media for data base from 7.2 to 7.3.5 version. The task was of paramount importance in view of the Disaster Recovery Site installation where data between the two sites is mirrored. The upgrade was completed in February, 2008.

· The AGD has established a DRS which is fully operational.
· Connectivity between the main site and DRS is through fibre connection installed by MTL. Data synchronization is on real time.
MCC – USAID through Casals and Associates funded the procurements of the Virtual Private Network (VPN) for the National Assembly, National Audit Office and Regional Treasury Cashiers.
The installations enhanced data transfer between main servers at AGD and the foregoing centres. The Anti Corruption Bureau has also been availed with this facility.

CHALLENGES OF IFMIS
There have been some challenges the Department has had to contend with since inception of IFMIS. These challenges include:

· Interface with other subsystems such as HRMIS and Debt Service module
· Improper budgeting by spending agencies. As a result, budget
· Provisions are exhausted before the end of the financial year, leading to a lot of misallocations
· The problem of power blackouts continues to be a challenge due to high generator maintenance and operating costs. It further disrupts the processing of transactions
· Training: as a Department, we have not managed to train everybody on IFMIS, especially managers in line ministries. Resistance to automated system is still a challenge despite efforts
· Through training, meetings, workshops and streamlining of functions
· Lack of interest by managers on the system. For instance,
· Non-approval of payments and transactions (approvals left to junior staff)
· Most managers don’t access reports despite having rights and capacity to do so using Intelligent Explorer facility.
· Ownership aspect. Ministries and departments are supposed to own the hardware part of the system, while Accountant General Department owns the software as well as championing the roll-out process. Spending agencies are not procuring equipment though they continue to complain over lack of adequate equipment.

· Non-adherence to prescribed regulations on Central Payment System, i.e. maturity period for a cheque to be cashed requires submission of cheque list to the Commercial Bank. Yet ministries and departments present cheques before submission of the cheque list.

· Huge expenditure transactions are still outside IFMIS, i.e. Development Part I, Foreign Missions and Public Debt are captured through cash controls Timely production of expenditure reports. While the IFMIS software was able to generate generic accounting reports for use by management in ministries and departments, the installation could not produce specialized reports for monitoring budget performance. The problem has since been resolved in that the budget officers and application team have been trained in the use of FRX and crystal reporting tools. The training has afforded the AGD staff the opportunity to produce highly specialized reports on demand

· Connectivity Problems. Government Wide Area Network (GWAN) delayed to be rolled out to the City Centre in the following institutions, National Assembly, and Anti Corruption Bureau. This challenge has been resolved through installation of virtual Private Network (VPN).

· Equipment has also been a major challenge. The department does not have adequate financial resources to procure all the required equipment.
· Realigning of expenditure to budgetary provision. The exercise causes a lot of frustrations, as cheques cannot be issued in the absence of budget lines and funding.

 

WAY FORWARD
· E-procurement and e-sourcing. Once customization is completed, sourcing of goods shall be done electronically
· IFMIS roll out to the rest of District Assemblies will continue on availability of funds. Connectivity issues will also be looked into.
· IT Help Desk service management to be established, to help record problems and solutions
· Training aspect. In an attempt to reduce dependency on the supplier, AGD has lined up certification training programmes to be funded by the AGD. The training coverage will include EPICOR certification, and other technical training programmes such as SQL, Citrix, and CISCO networking among many.
· Planning has been made to train senior management and end users.
· Asset and Inventory Management module is about to be activated as part of system enhancement
· System Alerts are currently being configured as part of system enhancement
· Purchase and commitment module is being enhanced so that commitment should also be on the budget.
· With the fast changing IT environment Government will upgrade the system from version 7.3.5 to 9.0 during the 2010/11 financial year.
· Government has adopted Government Financial Statistics coding structure implementation in 2010/11 financial year.

 

CONCLUSION
IFMIS projects worldwide face a lot of challenges and frustrations and therefore require commitment from staff as well as support from policy-makers. It is pleasing to observe that in Malawi, IFMIS has received strong support from policy-makers and high-level commitment from implementing staff.

CASH GATE QUOTES
1. “It is too early and there is no solid basis to say that Government has completely messed up. So much is going on and until all the investigations have been completed and Government fails to act on the investigations and then we say that Government has failed,” said Blessings Chimsinga, Chancellor College Political Analyst, Nation on Sunday, November 17, 2013.

 

1. This is an opportunity for President Banda to start on a fairly clean slate, re-stump her authority and begin to curve out an enduring legacy as the President who went after corruption and burst it open until it bled into whimpers.
1. It is a goal that has overwhelming local and international support – and political dividends. It is also a goal that is not just the right thing to do, but also a smart political move.

 

1. The President must tap into the collective national anger for both political cover and capital to go where none of her predecessors have dared to go. It will be another first for her – assuming she really wants to do it. Ephraim Munthali, Columnist of Cut The Chaff, Weekend Nation, Saturday, October 19, 2013.

 

1. “The courts just like every Malawian have a responsibility of supporting course of action on the scandal to ensure that the country gets back on the track. I think people must be prosecuted to send signals to those that may want to do the same, that if they do it things will not be ok for them” Dr Maxwell Mkwezalamba, Finance Minister-The Daily Times, 25 October, 2013.

1. “Social programmes which are donor funded through other means such as health, education and food security would not be affected by the delay in donor funds disbursement,” Sara Sanyahumbi Cabs Chairperson assuring the nation following her organisation’s decision to withhold aid, The Nation- Friday November 8, 2013.

 

1. “The IMF welcomes the recent announcement by government on reductions in the travel budget and in other lower priority expenditure items.” It also commended the policy reforms initiated in May 2012, saying they have produced positive results. IMF mission chief, Tsidi Tsikata commenting on the recent austerity measures introduced by government through the Minister of Finance. The Nation-Thursday, 22 November 2013.

 

1. “Given the significance of free and credible elections for Malawi’s democratization process, and the complexity of holding tripartite elections, EU decided to increase its financial support towards preparations for these elections,” said EU Ambassador and Head of delegation to Malawi Alexander Baum assuring The Nation, Friday November, 2013.

 

1. “Government should immediately rotate officials to different positions and geographical areas, especially high ranking officials. Long time work in the same positions and place is creating relationships inside and outside government which encourage and help conceal corruption fraud and favoritism.” Malawi Law Society statement published in The Daily Times – October 6, 2013.

 

10. Chairperson for CONGOMA Voice Mhone expressed happiness that President Joyce Banda invited its members to be part of the discussions pertaining to the capita hill cash-gate scandal, saying no other government has given them a chance to be involved in such issues before. CONGOMA Hails Government. The article quoted Congoma Board chairperson Voice Mhone. The Nation, October 22, 2013.

 

11. “We need to emphasize that looting is not corruption. We need to be careful by not asking them to look for something they are not responsible for. My opinion is that what we have is a system failure and structural inadequacies; corruption is difficult to solve and it’s the methodology, which effectively shields the big.” Dr. Jessie Kabwila MCP spokesperson, Nation on Sunday, October 27, 2013.

 

12. “Even members of her (President’s) family if they are found to be part of the problem they have to be punished. We want well-investigated cases where we are likely to secure convictions and be able to recover all looted funds. The President is looking at the possibility of ten percent recovery and forfeiture of all property coming as a result of this looting,”  Fahad Assani-Minister of Justice and Constitutional Affairs. The Nation, October 18, 2013.

 

13. “This project was discussed and agreed earlier, but it was approved by the board in the shadow of the recent developments at Capital Hill. We are signing the protocol at a time when the government is working on the issues of fraud and abuse of public resources.” The resident representative of the African Development Bank-Andrew Mwaba of AfDB at a $4.6m (K1.8 billion) grant signing ceremony towards public finance management institutional support project- The Nation, 20 November, 2013.

 

14. “It is extremely important that as a region (SADC) should be fully aware of the initiatives that the government is putting in place to address the problem of plundering of resources by public officers” Foreign Affairs Minister, Ephraim Chiume briefing reporters in Lilongwe at the end of an extraordinary SADC council of ministers meeting. The Daily Times, October 25, 2013.

 

15. “But for those who care, this mess should have been a watershed, a point that would have revamped the country for good and engender a revolution to our systems and reclaim public trust until that happens, no announcements of arrests alerts will make anyone swoon with hope.” The Daily Times, 25 October 2013, commenting on arrests alerts in cash gate fall out not being enough.

 

16. “We have suspended IFMIS to stop the bleeding that has led to public funds being stolen. We hope that by then we will be able to detect all defects,” said Ndilowe. Chief Secretary to government Hawa Ndilowe speaking on the suspension of IFMIS as one of the measures to seal loopholes in the looting of government coffers and dissolving of the cabinet by the president. The Nation, October 11, 2013.

17. “ICAM has noted the steps announced by the government towards addressing the fraud incidents which include the position taken to engage forensic auditors. In our view engaging internationally reputable forensic auditors to assist with investigations is appropriate as a first step towards addressing the current challenge,” said Institute of Chartered Accountants in Malawi (ICAM) Chief Executive Evelyn Mwapasa backing the move made by government in instituting a forensic audit on the cash gate scandal, The Daily Times, October 10, 2013.

 

18. “The dissolution of cabinet is a step ahead in dealing with the Capital Hill plunder and we applaud the government for that,” said the General Secretary for the CCAP Blantyre synod Rev. Alex Maulana speaking at the 80th anniversary of the St Columba CCAP in Blantyre, on the steps taken by the government in addressing the cash gate scandal, The Daily Times, October 14, 2013.

 

19. “For a long time we have been focusing on providing aid to Malawi, considering our historic links, but we feel adding investment as a major part of our relationship we will make a huge difference. We already held initial talks with President Joyce Banda when she visited Scotland recently and the future looks promising,” Scotland’s Minister of External Affairs and International Development – Humz Yousaf, The Daily Times, November 12, 2013.

 

20. The Daily Times of November 11, 2013 reported that, “The British High Commissioner to Malawi, Michael Nevin suggested that there were people who were trying to use the local media to deflect attention away from on-going investigations on corruption in the public service in Malawi.”

Aid withdrawal and economic sanctions only strengthens the resolve of the oppressor against the oppressed, the very people in whose name aid money is given. Aid withdrawal and economic sanctions make bad leaders worse and struggling economies have crumbled. There are various examples around the world but for Malawi the last two years of Bingu wa Mutharika administration is the closest example.

People working in development are mostly against aid withdrawal because most of them are pro-aid advocates. In 2011, my colleague and I wrote for The Guardian’s development site arguing against the British government’s aid freeze to Malawi when President Mutharika was turning autocratic and expelled a British envoy. The economic collapse that followed in Malawi absolved us even though our argument was hardly an original idea. We will not know for a certain where Malawi would be today had Mutharika survived the heat attack that took his life on 6th April 2012.

Fast-forward to November 2013, Joyce Banda (JB) has been in power for nearly 18 months and the nation’s economy has somewhat stabilise when revelations of the biggest financial scandal, ever to hit Malawi government are making global headlines. Senior and junior civil servants, including those from the President’s own office and senior members of the ruling party are caught stealing state resources with a seeming impunity; donors decide withdraw budgetary support that amounts to up to 40% of the annual budget.

Reasons for the aid withdrawal are clear for all to see. Yet, the traditional argument is revisited, the aid withdrawal with hurt the poor, argued Democratic Progressive Party’s (DPP) MP, McJones Mandala Shaba. He tells development news website, devex: “The suspension of means that people will suffer because they will not have their basic needs provided.”
Here Shaba overlooks the fact that donors have pulled because their money is syphoned out of the government coffers and despite the arrests that have been made, no convincing measures have been put in place to ensure that government money is safe from the looters.

Information Ministers, Brown Mpinganjira decides to play party politics with what is a national issue, backs his president, JB and faults donors for not helping in what Mpinganjira says are the president’s efforts to fight corruption. In doing so Mpinganjira lays bare one of the JB’s biggest problems and a major contributing factor what the cashgate saga still lingers.
JB surround herself with people that, for selfish are not willing to see things as they are but pretend otherwise. You judge a person by their company. Crush landing always has the pilot to blame. It is precisely for this reason that JB has to take the blame for this despicable episode.

President Banda is happy to tell the international community that she is happy to sacrifice her political career, so long as she wins the battles against corruption in Malawi. Yet, we know the reality is that her own image is her main priority that is why she is happy to hire an expensive masters of “dark arts”, a London-based PR firm, Bell Pottinger to look after image.

Unlike Mpinganjira who puts party politics ahead of what is in national interest and JB who cares more about her own image instead of people they swore to serve and protect, donors owe their allegiance to their taxpayers. Is why they have to make sure that the money that is meant for poor Malawians is used for its intended purpose and that every penny in accounted for; the difference that Mpinganjira fails to understand, basic sign of a politician that is well past his sell-by date.

It is when you put this jig-saw together that Mpinganjira’s blame on donors come full circle, with yet more lingering questions: even if the donors were to release the withheld money today what evidence is there that it will reach and benefit the intended demographics? Why does it have to be through budgetary support? Were there no shortages of medical supplies, school equipment supplies, food shortages etc. even when the aid money was flowing in?

Donors are not blind to the fact that no cabinet minister or any member of this administration will go to bed on empty stomach. They know it is the poor that will suffer. Most of them have already been sleeping on empty stomach anyway. Donors are aware that the impact the aid freeze will have on Malawians. This is why the IMF has categorically said Malawi is in “crisis situation” when Malawi government wants its people to believe that cashgate is a “breakthrough” that donors are reluctant to help with.

Squeezing governments is precisely what the aid freeze is meant to achieve. Not to punish the poor who inevitably pay the biggest price but the citizenry to stand up against their government and demand better governance and accountability. This is why Civil Society Organisations (CSOs) in Malawi are rising up to the occasion. Why should Mpinganjira think it is treasonous to hold your leadership to account but it is not treasonous when folks steal state resources meant for poor people some of whom die for lack of basic medicine in our hospitals?

Malawians must realise that no one can do for you what you are supposed to do for yourself. We can not rely on donors to hold our leaders to account, it our sacred duty. It is not donors, but our leaders who took an oath to serve and protect mother Malawi and its children, rich or poor, strong or weak, young or old. Donors have withdrawn aid because they have duty to their taxpayers. When will Malawians hold their duty bearers to account?

RUMPHI (MaraPost) –Mkulu wojijiduka mchipani cholamula cha Peoples Party Ken Msonda lolemba lapitali adakalembetsa mkaundula wa mavoti kuti adzathe kuvota mchisankho chimene chilli nkubwela mu mchaka cha 2014.

Bambo Msonda adalengeza kuti iwo akufuna kudzayimira chipani cha PP ngati phungu ku dera la kwao ku Rumphi.

Mchinthuzichi, bambo Msonda akuoneka pa line kudikilira kuti alembetse kwawo ku Rumphi.

Ngati inu simudalembetse ndipo muli kudera limene kalembera ali mkati, chonde kalembetseni kuti mudzakhale nawo mwayi osankha munthu wa ku mtima kwanu.

 

JUDGMENT DAY: SOUTH AFRICAN SUPREME COURT OF APPEAL TO RULE ON ZIMBABWE TORTURE CASE 

Johannesburg, 26 November – The South African Supreme Court of Appeal will deliver its judgment tomorrow (Wednesday 27^th) in the appeal to the landmark case brought by the Southern Africa Litigation Centre (SALC) and the Zimbabwean Exiles Forum (ZEF) on whether South Africa is required to investigate and prosecute high level Zimbabwean officials accused of crimes against humanity.

“This case is the first of its kind to be brought before the South African courts and will set an important precedent,” said Priti Patel, Deputy Director of SALC. “The judgment will provide content to the obligations South Africa assumed under international and domestic law to ensure that the world’s worst criminals are held accountable for their actions.” 

What – The Supreme Court of Appeal will deliver judgment in South African Police Service and another v Southern Africa Litigation Centre and another 

Where – Supreme Court of Appeal, Bloemfontein
When – 09:30, Wednesday 27 November 2013 

In May 2012, the North Gauteng High Court set aside the decision of the National Prosecuting Authority (NPA) and the South African Police Service (SAPS) not to initiate an investigation into crimes against humanity committed in Zimbabwe, following a police raid on the Movement for Democratic Change’s Harvest House headquarters in 2007. The NPA and SAPS petitioned the Supreme Court of Appeal after the High Court refused leave to appeal, and the appeal hearing was heard on 1 November 2013. The judgment is likely to address whether South African domestic law confers jurisdiction on South African authorities to investigate international crimes when the suspect is not present in the country. 

SALC was represented by Lawyers for Human Rights and by Advocate Wim Trengove SC, Advocate Gilbert Marcus SC, and Advocate Max du Plessis

For background and overview of the case, click here.

For more information and interviews contact:
Priti Patel, SALC Deputy Director: +27 11 587 5065, Cell +27 76 808 0505; PritiP@salc.org.za
Caroline James SALC Project Lawyer: + 27 11 587 5065, Cell +27 72 200 1813; CarolineJ@salc.org.za 

 

If many of us were asked what constitutes a good President, we will surely give varied answers, as to who a good or successful leader is. To others, a good president is one who goes about attending funeral ceremonies of his subjects, although the practicability of such without being accused of favoritism may not be ascertained.

 

Others will confess to have a good President if he/she goes about splashing bank notes to his subjects, claiming to assist the poor, how that reaches out to all those who look up to the administration, and the consequent dependency syndrome, is a discussion for another day. Others will attest to the fact that, a good President is one who goes about distributing flour, one who distributes cows, one who personally ferries maize from one rally to another in an attempt to prove generosity, as for how many people can be reached out in this pomp characterized generosity is again a discussion for another day.

 

It therefore remains debatable as to what are the qualities of a good leader. While it remains debatable, but there have been recurrent responses with respect to a successful or good President. Before a further digression is made, the author wishes to submit this adaptation from scholastic junior that “anybody can become President, but, not everybody is cut out to be President. It takes a special kind of person, someone tough, smart, and driven, just to run for the job. It takes still more talent and character to hold up under the pressures of life in the state house, above all to remain relevant, decisive and responsive to the needs of society at large”.

 

One would therefore summarize, a good leader as one who is decisive, smart, strong, proactive, visionary, manager, one who initiates national programmes as opposed to petty projects, among others. In view of this and other recurrent responses, the author submits that the current presidency has displayed all characteristics of a failed leadership and this is why:

 

Faced with the cashgate scandal, the Presidency did not know what to do and make out of it. It was swept off balance and this can be confirmed by the good for nothing confrontational approach that it took at the press conference upon return from the United States. The presidency was all over the place, and couldn’t make sense, except of-course to the PP zealots, who encouraged the goofing by applauding the incoherent statements.

 

To refresh the readers, statements were made to the effect that there is nothing wrong in benefiting from the loot as long as one didn’t participate in the actual looting itself; statements were made to the effect that the Presidency isn’t damn, (whatever this meant); statements were also made to the effect that the Presidency has been swimming in monies since the age not sure 21 or 22? These statements, for lack of better description displayed gross incompetence and indecisiveness in dealing with the cashgate scandal once and for all, unfortunately it cost the country budgetary support.

 

What the Presidency didn’t know was that many Malawians including the development partners were eager to hear outright condemnation of the act of looting and plunder of resources at capital hill; proclamation of concrete measures by the Presidency in the governments’ commitment in dealing with the issue among others. But alas, the Presidency missed the opportunity as it was excited to deflate the likes of Pilirani Phiri and the rest of the journalists, much to the delight of party cohorts but to the disappointment of the majority of Malawians and our development partners.

 

If you ask me, why the donors have withheld budgetary support, well my answer is simple and that’s, “the donors did not withhold budgetary support because resources were plundered at capital hill, but did so because they were not convinced that the PP administration will seriously address the issue. By extension it’s a vote of no confidence to the administration and by extension, the Presidency!”.

 

Failure to own up to its blunders. The Presidency has never owned up to its mess, rather it has always blamed its predecessors for its mistakes. This alone is a clear manifestation of a failed leadership, one that thinks can get credit for every positive developments including those of the predecessors (remember the Chitipa-Karonga Road), but push the blame to others for every negative development, including its own mess, as evidently exposed in the cashgate scandal, where the presidency emphasized on what happened in the past, probably to justify the looting and plundering of the public resources.

 

The Presidency is so incensed with petty as opposed to coming up with national programmes that respond to the government development blue prints such as the Vision 2020 and the Malawi Growth and Development Strategy.

 

The Presidency continues to behave as if it is heading an NGO, conveniently forgetting that it is now leading a nation. Instead of investing into programmes that have a national face, such as extensive irrigation programmes, Nsanje World Inland Port, education infrastructure including opening the Malawi University of Science and Technology, prioritizing health, the Presidency instead sees sense in physically distributing flour, distributing cows, building a house for one old woman, elevating chiefs, building a guardian shelter, among others. The presidency fails to appreciate programmes as opposed to disjointed activities that are not only insignificant, but also create parallel structures resulting in difficulties in management and even sustenance over time.

 

The Lake Malawi wrangle has just punched holes and removed any doubts of a failed leadership, as the Presidency continues to display indecisiveness as shown by the continued change of goal posts on the issue. One day you are told of negotiations; the other day pulling out of the negotiations; yet the other day the mediators are given up to September to resolve the issue……and now nobody knows the status of the whole thing, which is a clear manifestation of bankruptcy in leadership.

 

The Presidency is so detached from the majority of Malawians as such the office is no-longer responsive to society needs and is becoming irrelevant each passing day. The Presidency’s recent outbursts that it will not cut travels despite the measures instituted by the Minister of Finance, confirms the offices’ insensitivity to the suffering of Malawians. Surely the Presidency does not need to be reminded that Malawians are needlessly dying in the hospitals due to lack of drugs; that there are no maize supplies in Admarc depots throughout the country; that social services have completely broken down, among other ills. It is therefore the failure of the Presidency to suggest that civil servants, their families and the rest of Malawians should bear the brunt of the measures instituted by government, while the presidency continues to plunder and abuse the resources, in pretence of appreciating the problems Malawians are facing.

 

By suspending both internal and local travel by civil servants while the Presidency maintains its extravagance, isn’t that pushing the patients of the civil servants and Malawians to the limit? Or is the Presidency acting on precedence that Malawians tolerated the suffering that followed the massive devaluation of the Malawi Kwacha?

 

By the way what became of the “I have a dream” speech in which the Presidency saw a reformed Malawi Broad Casting Corporation that was never used as a propaganda machinery of the ruling party; government contracts being transparently awarded to all deserving Malawians irrespective of party affiliation; among others. How about the ‘Holy Spirit’ that was felt during the first Cabinet meeting?

 

While I submit that the reasons that make one a good or bad leader are debatable, I also submit that one cannot be a good president by becoming a relief officer (that distributes flour), a livestock development officer, a social welfare officer, a district commissioner, a housing officer among others…. Surely there are officials who are employed and paid to handle such business!

Somebody is really playing monopoly with hard cash with our national innocence.

Which brings me back to my friend’s question: “Why are we, Malawians, not angry over this?”

Maybe we are a resilient or meek lot, if not outright stupid. Surely, we cannot let a few people play chess with the lives of 15 million of us and continue looking the other side.

The media has tabulated how these billions that escaped government coffers to end up in people car boots or under some beds could have helped save a life in Bwanje, could have sent a poor but bright kid in Nthalire on a scholarship to the cash-strapped public universities. Indeed with a quarter of such loot, we could have eased the queue for university places for our kids by furnishing the university Bingu stole from Lilongwe and planted on his farm.

Never mind Bingu’s selfish desires but the university belongs to us all and we have to fund it with the money which some selfish people hid under beds or car trunks.

Maybe we are beginning to get angry after all. I heard one Thoko Banda, him who wants to do a Chiyenda Yekha to State House, whipping up our bottled up anger the other day. Indeed the Catholics have even donated a new term to the nation, ‘holy anger’, a sort of non-destructive form of anger whatever that means.

Of course, there is nothing like ‘non-destructive’ anger. Anger is anger. If in our angry state we are not breaking things, inside us we are hurting ourselves.

That, of course, is subject for another day but the point is: is it not time we do away with our national pastime – meekness – and show some raw anger at the people we send to State House, Parliament and Capital Hill on our behalf? Perhaps if we get real angry will Malawi stop having an international airport without running water 50 years after independence just because the money to change the faulty pipes with were stuck in somebody’s car boot?

May be if we begin getting angry will our Speaker and President stop recalling Parliament to discuss a national crisis only to end up with the legislators tussling over who, among them, stole the most money?

Perhaps if we begin getting angry will we stop letting that innocent Chilomoni guy die of preventable rabies because there were no ARVs at Queens while we rush to evacuate people who preside over the not buying of the ARVs to South Africa whenever they complain of some headache?

Perhaps, indeed, perhaps.

The once mighty opposition party, the Malawi Congress Party is heading for the doldrums and the euphoria the party had for its new president Dr. Lazarus Chakwera is fading away.

The fading away of Chakwera’s euphoria is in fulfillment of what Democratic Progressive Party spokesperson Nicholas Dausi prophesied weeks after the election of Chakwera as MCP president. Dausi said the euphoria would die.

The party today is facing rebellion posing threat to its chances of winning the 2014 tripartite elections. The recent rebellion came from its secretary general Dr. Chris Daza who defected to the ruling Peoples Party.

Daza and the others who have rebelled against the party leadership may have good reasons for their choice of movement but that puts the new president in an awkward position. The president is challenged to reflect on his leadership style which has already become centre of attack.

Daza resigned from MCP saying he wanted freedom. That statement should not be underestimated. Daza himself, was a very senior officer; in fact chief executive officer of the party. So, what does he mean by saying he wanted freedom? Point for Chakwera to reflect.
What kind of leadership is Chakwera practising when he is accused of not appreciating high placed officials of the party like Daza himself? What kind of leadership is Chakwera practising when he is accused of nepotism?
The party’s youth director for central region Ndekhantani Kalimwendo also resigned and accused Chakwera of practising nepotism and being stingy.

The director said a very pertinent issue which exposes what Chakwera is and the little chances he has to win the elections in 2014.

The director said about 90 percent of key positions in the party belong to people in Lilongwe thus central region. The political meaning of this is that chances for MCP to win are too minimal. How? MCP has always been known for concentrating itself in the central region. And today, the party cannot claim to have total grip over the central region because other parties too have penetrated the region and have portions. MCP needs portions from other regions but it will be hard for it to get those portions.

It is clear that MCP is not popular in the southern region. The south is very divided. The Llomwe districts of Thyolo, Mulanje, Chiradzulu, Phalombe all belong to or support the Democratic Progressive Party. They all rally behind Peter Mutharika of the DPP because his late brother, Bingu wa Mutharika, former president of the country, was also a Llomwe from Thyolo.

The eastern region districts of Machinga, Zomba, Mangochi and Balaka are dominated by Yaos and most of them are known to be supporters of the United Democratic Front and its leader Atupele Muluzi. Another portion from the same eastern region supports President Joyce Banda and her Peoples Party. So, MCP is out of this region and the Llomwe districts.

The northern region is a tricky area. Every major party in the country can claim support from the region. The region used to be controlled by Alliance for Democracy but today, the DPP, PP, UDF and MCP ,may claim some support.
Looking at the political terrain so far, MCP is not that popular in the north. When Chakwera visited the region, his rallies were poorly patronized. Joyce Banda’s rallies were reasonable patronized but perhaps because of the fact that she is President of the country. Atupele Muluzi’s rallies were also not that impressive. But DPP’s Peter Mutharika enoyed great support in his rallies.

From this simple and crude assessment, MCP has a lot of work to do to claim votes next year.

Now, the mistake made by Chakwera is to give 90 percent of the positions in the national executive committee of the party to people from Lilongwe or central region. Who will drum the support for the party in the other regions?
And to make matters worse, where Chakwera was seen losing focus, was where he left out his runner up in the Convention polls, former Chief Justice, Lovemore Munlo. He came second in votes and many people expected that Chakwera would put Munlo in the NEC but the man was completely left out.

Chakwera has also left out veterans of the party who are bitter now. For example, Joseph Njovuyalema does not hide his bitterness. He said he is not excited at all with his new party position as deputy campaign director.
Where is Chakwera’s mistake on Munlo? Munlo comes from Chiradzulu, one of the Lhomwe belt districts. Most of the people that voted for him came from the South and that shows that he would be able to drum more support for the party in the south where there are many voters too. But Chakwera missed that opportunity.

Killing the party further is the new spokesperson of the party that Chakwera chose, Dr. Jessie Kabwila, a senior lecturer at the Chancellor College. Learned as she is, she is failing to apply basic public relations principles. Instead of giving good image to the party, she is busy destroying it further.

A good public relations officer cannot react to the resignation of the party’s youth director for the centre saying the young fellow wants to partake of the cashgate money. Can that be a response from a mature public relations officer?

And a serious public relations officer cannot react to Daza’s resignation as Kabwila did. She said Daza resigned because he was licking the wounds of his failed bid to win the party’s presidency during the convention.

Political analysts have warned Chakwera to tread carefully in the run up to the elections because he is poised for downfall if he does not put the house in order especially with the defections of big gurus of the party including Bester Majoni.