By Finley Mbella
Dear Sir,(Jones Gadama)
Hoping my WhatsApp message finds you in good spirits and health. I am a very good follower of your articles, and indeed I’ve learnt a lot from them.
My name is Finley Mbella. I live here in the UK. I came here in 2002 after retiring from the army, having worked for 25 years.
I thought I should comment about this issue concerning the secondments of those 5 military officers. It is really a shame that the ‘judiciary’ has turned itself into a bullying institution in Malawi. Actually, their responsibilities requires them to work hand in hand with the other 2 arms of government and possibly provide an advisory role to both the Executive and the Legislature. Being antagonistic, and know-it-all merely defeats the purposes of having those 3 institutions in a government.
Those who crafted the ‘Law’ knew what they were doing. In any democratic country there are demarcations when it comes to the application of both the ‘Civil Law’ on one hand, and the ‘Military Law’ on the other. Military law has to be applied within the context and atmosphere of the military (barracks).
A serving military personnel is answerable to both civil and military law. It depends on the circumstances under which a crime is committed. Minor civil infringements can summarily be dealt with within the barracks’ setup but if the charge is severe and involves issues outside of the barracks, the culprit, though a military person, has to answer charges in a civilian court. In the military they have ‘Court Martials’. An officer/soldier has to abide to both civil/military laws; while as a civilian is covered by the civil law only. It is therefore, disingenuous for Justice Kenyatta Nyirenda to bulldoze his judiciary muscle wholesale, in the process throw out the window the gravity and real essence of the ‘MILITARY LAW’. In developed countries, that practice can not be condoned. Malawi being a democracy in transition, anything goes!!
During my time in the military I saw General Matewere (late), General Namwali (late), and General Simwaka, being appointed as directors of security at ESCOM, RESERVE BANK, and MALAWI HOUSING CORPORATIONS. A few years ago we witnessed some generals seconded into various institutions, and these were Generals Msonthi, Odillo, Maulana, Supuni, Namathanga, Nundwe etc, etc and nobody ran to the judiciary to lodge a complaint. Why this time with these 5 people, how special are they?
You are right in your judgement that the militaty is an institution that is governed and upheld by military ethics and discipline. Insubordination, refusing to accept an order, mutiny or disorderly of any sort is punishable by a court martial. There is no justification for the judges to start throwing spanners in the military machinery. That on its own sets up a wrong precedence that will compromise the operations of the military, for simply to satisfy someone’s ego and misdirected ambitions.
In reality, these men should have read the writing on the wall that loudly says “their services in the military is no longer required” – period. Others have been kicked out of the system without any secondment at all. They are lucky that they have politely been asked to shift in order to create room for competent, seasoned and trustworthy mlitary personnel. Well, I thought I needed to amplify your observations concerning this and the other areas you talked about. It is hightime these corrupt judges were told the truth concerning their delivery of the expected services to the nation.
from Daniel Kennedy Nyasulu….
Jones Gadama’s opinion on Justice Kenyatta’s ruling posted on Maravi post makes no legal, moral or politocal sense. He has opined that the ruling is a hindrance to national progress!!?
On the contrary, that ruling on the redeployment of MDF Officers is not a roadblock or hindrance to progress, rather a necessary check on executive power. He has referred to what he considers similar redeployments during the Chakwera regime which went unchallenged. The fact that there was no challenge to the previous ones must not mean they were right or legitimate – that simply means moone brought up the issues to the forefront. Now that the matter has been raised and brouhht to light the Court has acted within its mandate, has done a rightful duty in upholding the law and ensuring the Malawi Defence Forces (MDF) focuses on its core mandate.
Critics might argue, like Jones Gadama has done, that the Court is overstepping, but really it is about ensuring accountability and preventing abuse of power. The MDF’s role is crucial and diverting them to non-core tasks risks compromising national security. We must focus on supporting our forces in doing their job effectively.