President Peter Mutharika on Monday appointed Jack Nriva and Thomson Ligowe as High Court Judges. According to the statement signed by Chief Secretary in the Office of the President and Cabinet Lloyd Muhara, the appointments are with immediate effect. Continue reading President Mutharika adds two High Court Judges
President Peter Mutharika on Monday appointed Jack Nriva and Thomson Ligowe as High Court Judges.
BLANTYRE-(MaraviPost)—Malawi parliament committee, which is currently in Zambia probing the rotten maize deal, has proved to be a force to reckon with following its back to back fresh information it is gathering in the neighbouring country.
After finding information that Zambian Cooperative Federation (ZCF) paid for the funeral expenses of the late George Bakuwa including repatriation of the body to Malawi, the committee has also latest information implicating Trans Globe, a Malawian company in the dubious maize deal.
According to Zodiak, this was revealed by the Zambia government official in Zambia who said the Malawian company was part of the deal to supply maize from Zambia to Malawi.
This brings a third company in the controversial deal following Zambia Cooperative Federation (ZCF) and Kaloswe Courier and Commuter Limited which were previously known.
This information was presented to the special parliamentary committee from Malawi currently in Zambia on a fact finding mission by Principal Secretary for agriculture in Zambia Julius Shawa on Friday morning.
According to the leading local private radio station, the news of the involvement of a third company shocked members of the committee as all along only two firms have been mentioned.
“It remains a puzzle to us as to how they were going to share the profits.
“What we have been told here is that the ministry of agriculture which is the authority which issues export permits for farm produce authorized ZCF to export 50, 000 metric tonnes and Trans Globe 50, 000 metric tons, making a total of 100, 000 metric tonnes,” said Joseph Chidanti Malunga, chair of the joint inquiry of the committees of agriculture and public accounts in an interview with Zodiak.
Agricultural Development and Marketing Corporation (Admarc) has throughout the probe maintained that it is only aware of a contract with ZCF to supply the 100,000 metric tonnes of the staple grain from Zambia.
Earlier officials of the Agriculture and Marketing Corporation (Admarc) told the inquiry in Malawi that it had ordered 100 000mt from Zambia but only about 4000 tones were delivered.
The ministry is aware about Kaloswe not Trans Globe, said Malunga, there was no indication of Trans Globe in the Letter of Credit (LC).
Earlier on Thursday, the Executive Director of Kaloswe, Isaac Kapambwe, denied assertions that two maize contracts [with his company and ZCF] were signed on the same day – 17 June 2016 as earlier indicated by Admarc.
Mr. Kapambwe, while admitting having signed a contract with Admarc, on the said date told the inquiry he only signed one contract with the Malawian state-run grain marketer.
He repeatedly told the committee his company never signed a contract with ZCF on this day to supply Admarc with maize.
Mr Kapambwe said he was surprised to see documents that Admarc presented to the committee which indicated that both maize contracts were signed on the same day, saying such big contracts cannot be handled in a single day.
According to Kaloswe, his company interacted with Admarc through Grace Mhango, the chair of the Grain Traders Association in Malawi.
To his surprise, he claimed Admarc terminated the contract with Kaloswe and started dealing with ZCF, a company which was meant to supply Kaloswe with maize that would be in turn be sent to Malawi.
This left Kaloswe stranded as it had already entered into a contract with Admarc, he said, and such he has sued ZCF over loss of business.
The purchase of the maize by the Malawi government was meant to salvage a hunger situation that threatened 6.5 million people at its peak late last year.
Questions have been raised as to why Admarc bought maize at a higher price across the border when it could have sourced affordably locally.
The maize scandal has done a great damage to Minister of Agriculture, Irrigation and Water Development, George Chaponda, who is believed to have a hand in the scandal.
Chaponda is currently suspended after Civil Society Organizations (CSOs) and other human rights activists sought a court injunction from Mzuzu High Court restraining the minister from executing ministerial duties, but the minister has been defiant and is continuing working as the minister.
Meanwhile, the CSOs are of the view that the minister must be fired for contempt of court order as he sneaked to Germany on official duties despite a court order restraining him from conducting official assignments.
BLANTYRE-(MaraviPost)–The death of George Bakuwa, who was company secretary of Agricultural Development and Marketing Corporation (Admarc), has been linked to the rotten maize deal currently under probe.
According to the Daily Times, the joint parliamentary committee probing the dubious maize deal has gathered that the Zambian Cooperative Federation (ZCF) paid for the funeral expenses of the late George Bakuwa including repatriation of the body to Malawi.
Bakuwa died while on a maize procurement assignment in Zambia. This was his last assignment as an Admarc official as he had just been sworn in as High Court judge.
Leader of the Malawi delegation Joseph Chidanti-Malunga explained to the local paper that ZCF officials admitted to have paid for the expenses perhaps as courtesy since Bakuwa was one of government officials who the company was dealing with in the procurement of the 100,000 metric tonnes of maize.
“We have been told that ZCF arranged payment for the expenses of everything including transport and we are wondering how this was possible because we expected government to have handled that. So, we have arranged some unofficial meetings on Friday [today] with some people to share us some details on what they know,” he said as quoted by the Daily Times.
Meanwhile, Director General of Kaloswe Commuter and Courier Limited, Felix Nyirongo, has reaffirmed its plans to sue the Admarc, saying they were duped in the maize deal.
It is reported that Admarc officials persuaded Kaloswe to alter some clauses in the contract so that payment should be made through ZCF.
The revelation contradicts what Admarc Chief Executive Officer, Foster Mulumbe, told Parliament that it was Kaloswe which suggested that the Letter of Credit amounting to $34.5 million should be in favour of ZCF.
According to Nyirongo, once the contract was altered Admarc officials, kicked Kaloswe out of the deal.
BLANTYRE-(MaraviPost)—Death has been announced of the one of the newly appointed High Court judges, George Bakuwa who died after succumbing to high blood pressure and high sugar while on duty in Zambia.
He was quickly taken to the hospital after collapsing but sadly, he was pronounced dead upon arrival.
Bakuwa was one of the judges that were sworn in by President Peter Mutharika as High Court judge a couple of weeks ago.
He was a private practice lawyer who served as company secretary at State produce trader Admarc.
Bakuwa has been in Zambia in recent weeks on Admarc duty for maize purchase.
He has been lodging at Lusaka’s Protea Hotel.
Judiciary spokesman Mlenga Mvula is yet to give details of his death and funeral arrangements.
By Sunduzwayo Madise aka Mfundisi
The President has appointed 4 new judges. Now that is welcome news. We have an acute shortage of judges in this country. Even the four appointed have their work cut out for them. There is work to be done. To paraphrase the famous Bible verse; the work is a lot but the workers are few. Let me then seize this opportunity that has presented itself to congratulate Justices Joseph Chigona, Dorothy de Grabrielle, Ruth Chinangwa and George Bakuwa. Makorokoto! Halala! I know all four personally and have no doubt that the will make fine jurists. I have appeared before the first three and have had the privilege of being a mfundisi to the last one. On this note, I would hope, rather selfishly I must add, that Judge Bakuwa be assigned to the Commercial Court. You see Judge Bakuwa is a certified Master of Commercial Law. I can attest to this without any fear of contradiction whatsoever. He was so awarded by the College that God Loves the Most. The Commercial Court would definitely benefit from his expertise. In fact, I have always wondered why he was not made Judge before. But hey, these are prerogatives of the Appointing Authority.
So why have I written this blog? And why title it “Appointment Dilemma”? Well, the simple reason is that I am unclear as to exactly how these judicial appointments have been made. So let me say at the outset, lest I am misrepresented, this blog is not a reflection on the above four honourable ladies and gentlemen whom I respect. It is about the process. As a Mfundisi, one of the things that I constantly teach my students is to always have an inquisitive mind. Ask when not clear. Do not assume anything. So here we go. And I am the eternal student. Always inquisitive.
The Secretary to the President and Cabinet (SPC) has issued a Press release dated 13th October 2016 to the effect that the President has appointed the above-named distinguished legal luminaries as Judges of the High Court. I deliberately do not use the title Chief Secretary because, in my reasonable opinion, this title does not exist under our law. You see the post of SPC is a statutory post. It is created by law. The SPC also serves as head of the civil service. That is why when Bingu appointed 2 SPCs there was an outcry, and he quickly resolved the issue, although his preference of the title did not change and we have remained stuck with the anomaly. But we live by the rule of law and we must respect what the law says. So to me, he is the SPC. That is what the law says. Otherwise, we might as well one day wake up and change the title of President to Chief Induna. We can not have that. We need to follow processes and respect the rule of law.
So congratulations have been offered by yours truly and others within the profession and also outside the profession to the four recently appointed Justices. The post of a Judge is no small matter anywhere in the world. All of a sudden we start addressing them as Lord Bakuwa or Lady de Grabrielle. Their elevation is phenomenal. Make no mistake about it. They deserve their elevation. But then there is only one problem. The President of the Republic of Mala?i is not in currently in Mala?i. He is in the United States, where we have been informed he is busy engaged with government business, meeting investors etc. after attending the United Nations General Assembly. We have further been informed by the Presidential Press Office that the President returns home to Mala?i at 1:00 pm on Sunday, 16 October 2016. So either the President made the appointment before he left for New York or did so on 13th October 2016, right there in the heart of the Big Apple. Now if the appointment was made earlier, then the blame can only go to the SPC for not implementing it pronto. But then a reading of the Press Release is instructive. It says and I quote verbatim:
“The President of the Republic of Malawi, His Excellency Professor Arthur Peter Mutharika, in exercise of his powers conferred upon him in section 111 subsection (2) of the Constitution of the republic of Malawi, has appointed the following as Judges of the High Court of Malawi …… The Appointments are with immediate effect.” (my emphasis).
Now my understanding of this press release is that the appointment was done on the 13th of October 2016 by the President. Note that the Press release refers to the present. It does not refer to an earlier appointment. It categorically states “has appointed”. Present tense. Unless there is a hidden message in it, it must be read on its face. But then let us explore further as to what the Constitution says regarding Presidential appointments. Section 90 of the Constitutions of the Republic of Mala?i says:
In other words, the President cannot delegate his powers to appoint. Presidential appointments are by a statutory instrument. In any event, the press release is clear that the President has made the appointments. So for the President to have made the appointments, two things must happen
(a) It must be in writing under his signature
(b) The signature must be confirmed by the Public Seal
The only way this is possible is if the Presidential Office carried the whole Public Seal and Presidential Stationary with them to New York. It is possible but rather odd none must say. Ordinarily, seals are supposed to be kept in the seat of power. But I must hasten to add, there would be nothing untoward to signing and sealing a statutory instrument in the Big Apple. The law does not specify the place, only the person signing and the presence of the Public Seal. But then why make the appointment in New York, on 13th October 2016, when the President returns home on 16th October, some 3 days later? Why the rush? In any event, the appointed Judges cannot assume office unless they have taken oath in the presence of the President. So the personal presence of the President is crucial both to ensure that the statutory instrument is valid and that the oath of office has been taken.
That is why Mfundisi has been left in a dilemma as to why these appointments have been done in this manner. Unless the press release was badly drafted and should have indicated that the President made the appointments at such-such date when he was at Plot No. 1 in Lilongwe, then the only other conclusion is that the appointments have been done in New York. Now some of you may ask; can’t the President not just phone the SPC and tell him he had made these appointments? No, according to the law he cannot. He must personally sign a statutory instrument effecting the appointment and this must be accompanied by the Public Seal. That is what our Constitution commands.
Well, some of you may say this is much ado about nothing really. I may agree. But asking is what we teachers do. We always ask questions. We always want to learn how things have been done, especially if they do not appear to have followed what we read in the law. The day we stop asking questions is the day we cease to exist.
That said, I am looking forward to a simple explanation to all this and we can all get on with our lives. Well, some of you may say, who am I to request for an explanation? No one really? I am just a mere Mfundisi. But is only through having an inquisitive mind that knowledge develops. But do not misread me, my congratulations to these four legal luminaries are unequivocal.
