Public Finance Managent Reforms May Return Donor Support to Malawi

The European Union (EU) has given hope that Malawi may secure budgetary support from its bilateral donors if the country successifuly implement Public Sector Management Reforms.

Malawi is rebuilding itself by implementing number of reforms including tightening public finance management having lost budgetary support from bilateral donors following scandal which revealed massive theft of public money by public officers dubbed cashgate.

And when presenting K901.6 billion 2015/2016 budget statement, Finance Minister Goodall Gondwe indicated that donors are not coming back soon and that the budget has been framed with a view that Malawi will use its domestic resources to finance activities. He also mentioned that that some social sectors shall receive additional funding through off-budget.

Head of EU Delegation to Malawi, Ambassador Marchel Gerrmann said donors are eager to support Malawi to achieve its objectives.

"There is still an option of budget support. If the minister is implementing the public finance management reforms then also the next option is available.” Ambassador Gerrmann said, “Often times is important that definitely Malawi will stand on its own feet where it will have to find from domestic resources for its programmes."

But he also noted that in the mean time there is a lot of support coming through off-budget supporting government priorities.

"A lot of it is also mentioned from this budget and I think that is step forward of the minister as compared to previous year. I think that the minister is quite transparent of the support of the donors in the budget and that is appreciative." said His Excellence Gerrmann

He also commended that the financial situation of the government this year will be tight as Minister said that there is not to be much room to maneuver.

"I believed that the minister mentioned a number of important reforms in particular reform of FISP. I think it is very important that this programme is reformed and we are looking forward to that." Said Ambassador Gerrmann, who continued "The other important of reforms is Public Finance Management Reforms. I believe that that implementation of PFMR is crucial to restore confidence in the public finance in the government."

The he assured that development partners will from their end, support government in trying to achieve its objectives.

Education Budget Worries Parliamentary Committee

Finance Minister Goodall Gondwe walks into
The chamber to present 2015/2016 budget

The promise made by the Finance Minister Goodall Gondwe that enough money is made available in the 2015/2016 Budget for the recruitment of about 10,000 teachers seem to be a mare rhetoric if what the Parliamentary Committee on Education is to go by.

Various Parliamentary Clustered committees  are in their first week of budget scruitny but the education committee has already raised fears that the money allocated to the education ministry is meagre fueling worries that this financial year the ministry will operate effectively including possibility of recruitment of 10 thousand new teachers.

In an interview Chairperson for the committee Dr. Elias Chakwera says the committee in its first day of budget scrutiny has observed with concern that a number of sections in the ministry of education there are shortfalls in terms what the ministry had requested to the treasury and money given to them. 

He pointed out Personal Emoluments vote allocation which has shortfall at around 15.1% yet this is the vote which must have adequate funds to recruit teachers which are about 10,000, he said.

Ministry of Education Science and Technology has his year received K109.8 billion from K90. 8 billion a revision from K81.68 billion last financial year.

"We started with an overview of ministry perspective of what they had asked for and what has been allocated" he said ”In a number of sections there are shortfalls in terms what the ministry had expected and given to them."

Chakwera said the committee noticed that Personal Emoluments vote allocation is short at around 15.1% yet this is the vote which must have adequate funds to recruit teachers which are about 10,000.

The Education Committee chair then indicated that they are going to be looking at subsector by subsector to quantify the shortfall vis-à-vis the expected output which is going to be affected following the short falls.

When presenting the budget Finance Minister honorable Goodall Gondwe mentioned that recurrent expenditure allocation of K674.6 billion, is proposed to increase wages and salaries by an amount that will raise the salaries of the junior grades in the public service. The budget also provides for the recruitment of some 10,500 primary school teachers and 466 secondary school teachers, who are projected to join the civil service during the last quarter of the financial year. 

"These initiatives as well as an annual wage creep scheduled for implementation in December 2016 will raise the wage bill from K198.0 billion in 2014/15 to an estimated K228.7 billion." Added Gondwe

Man Sentenced to 6 Yrs for Sodomy of An Epileptic Man

A man who was arrested for Sodomy of an epileptic man in Ntcheu district has been sentenced to 6 years imprisonment with hard labour.

Mr Tokha Nasoni aged 26 was recently arrested for sodomy of Mr Pilirani Thomson aged 20 who has epileptic condition. Both the convict and the victim hails from Ngalande village of T/A Njolomole in Ntcheu district.

First Grade Magistrate Jones Masula when handing over the sentence did not accept the accused leniency request that he looks after his grand mother and two siblings.

The magistrate argued that the accused might have known his responsibilities before committing the offence, adding that the offence is a felony punishable with 14 years Imprisonment with Hard Labour.

The court also considered taking advantage that the victim was a man of unsound mind as one of aggravating factors.

The 6 year sentence is effective from his time of arrest.

Buggery (Sodomy) is contrary to Section 153 sub section A of the Penal Code which attracts a maximum sentence of 14 years.

Economic Experts Urge Govt To Allocate More Resources for Investment

Hon Goodall Gondwe being led by
Sergeant at Arms into the Chamber to
Present 2015/2016 budget 

The budget statement for the financial year 2015/2016 continues to receive varied response among politicians and experts, but one thing in common has been a more emphasis on the need to start framing budget that focuses on stimulating productivity and investments.

The K901.6 billion budget estimates presented last Friday by hon Goodall Gondwe, the Finance Minister, has an allocation of K224 billion for development expenditure. 

Henry Kachaje 

President of the Economics Association of Malawi (Ecama) Henry Kachaje, observed that the budget lacks emphasis on investments in the economically productive sectors. He said, now that donors are not likely to support Malawi in its budget, a focus on investment is the right option for Malawi economy.

He further noted that Economic growth which the Minister indicated in the statement is not substantiated by factual evidence of where that growth would come from adding that in a number of areas, the minister was failing short of committing the reforms government is going to undertake by this budget.

“It’s a budget statement that has left us still wondering whether what we are hoping to achieve as a country may be achieved” said Kachaje, as he referred to the Finance Minister's emphasis of hope for resumption of donor aid while acknowledging unlikeliness of their comeback soon.

Dalitso Kubalasa 

Dalitso Kubalasa, Executive Director for Malawi Economic Justice Network (MEJN) 2015/2016 said this budget statement was interesting not so much as a surprising statement because of Finance Minister’s acknowledgement of known tough things Malawi is still sailing through.

But he said the budget has some courageous decisions and very cautious on what is been committed in this budget.

A bit different from Kachaje observation, Kubalasa noted that government has prioritized economically productive areas including the need for further input from stakeholders on challenges facing the fertilizer subsidy programme.

“Another striking element of the budget though no details were explicitly made is on Input subsidy programme where government is acknowledging challenges facing the programme and the need to discuss them with stakeholders.” said Kubalasa

Opposition PP, MCP Holds Different Opinion Over 2015/2016 Budget

Finanance Minister Goodall Gondwe

The two main opposition parties in Parliament have different opinion regarding hope that 2015/2016 financial year budget estimates will promote investiment and production.

Finance Minister Honorable Goodall Gondwe on Friday, announced K901.6 Billion budget estimates which the minister said will be domestically financed and other social sectors will be supported through off-budget from donors. 

Both, Malawi Congress Party (MCP) and Peoples Party (PP) had expectations that the budget shall allocate more resources for investiments and incentives for businesses.

The finance Minister announced that from K901.6 billion, the recurrent expenditure will be K674.6 billion, while development expenditure will amount to K224.0 billion from revised K189.2 billion in 2014/15 budget.

Gondwe said from this Development expenditure, some K173.0 billion will be funded by external resources (development Part I), while K50.0 billion will be funded using domestic resources (development Part II).

“Yes somehow we see positive steps because we can see that about 26% of the budget will be for the development” reacted Ralph Jooma PP spokesperson on Finance matters in parliament and acknowledged government saying it is a way to go for economic progress.

He said is happy to note that K5 billion will be forwarded to councils to address issues of grassroots development, K6.5 billion for the improvement of city roads, while K3 billion for students loan and grants.

Hon Ralph Jooma: This is an investment based
Budget 

He further noted with appraisal that awarding of contracts will be based on assessing number of Malawians to be employed by the company saying this will empower a lot of Malawians.

However, Jooma did not welcome Finance Minister’s decision to allocate few resources to some social sectors because are to receive off-budget funding. Hon Jooma said such is a worry some development since off-budget from donors are often unreliable and moreover, government has no control over such support including on selecting priority areas to which such support should be directed to.

“We can’t rely on that” he said, “As members of Parliament I think we should look at budget and not anything off-budget financing”

He also demands the explanation of the breaking of the allocated K7 billion for decent houses of which the minister admitted that only K2 billion has been used.

Malawi Congress Party (MCP) who earlier said expected the budget that; is explicit on how government intends to solve mess in Subsidy programme; offer incentives to businesses and clears outstanding arrears, has described the whole budget as “Not Pro-Poor and not stimulating Productivity.”

Hon Joseph Njobvuyalema: This is not pro-poor
Budget and does not promote productivity

In his view, Hon Joseph Njobvuyalema MCP spokesperson on finance matters in parliament says “Government should look at real sectors in the country which would promote growth and productivity. That’s not what we have done and it is disappointing”

He said though the budget has allocated more resources to Agriculture, it fall short of comprehensive strategies to sustain the sector in times of calamities especially droughts. He suggested that the budget should have emphasized on irrigation.

The MCP spokesperson emphasized that this budget should have put much focus on strategically allocating resources as means to boost the productivity in agriculture especially on irrigation schemes, commercializing the sector, livestock production even on the tourism and mining sectors.

“The poor people will not benefit” he said, “Mostly they are also budgeting on off-budget, donations these things are outside our plans and we cannot trust that they can stimulate our productivity.” 

He said government has misdirected its priorities in the budget which he also said the budget has only reflected views of professionals and not poor Malawians “It is a very disappointing plan” he added.

Get full budget statement hereRead or Download

Telecommunication, Custom Duty Fines, Customs Form 12 Goes Up To Support 2015/2016 Budget

Goodall Gondwe Finance Minister 

Minister of Finance presented 2015/2016 budget estimates which largely rely on perfomance on domestic revenue and off-budgetary support from donors.

Suggestively, such a budget shall see Malawians to dig more in their pocket when accessing some services due to tax regime that will concentrate on broadening the tax base in order to generate more domestic resources as well improving administrative efficiency, encouraging tax compliance. 

Likely, in this situation government has been left with no other choice but to raise custom duty on some potential tax revenue generators.

So, get prepared for the new cost of SMS, Internet, Customs and Excise form 12,  Customs Procedure Code for Specialized Broadcasting Equipment for Direct use in Television and Radio Stations (CPC 480) and Customs and Excise Duty Fines though some rates have been reduced.

Minister of Finance Goodall Gondwe when announcing the new tax measures indicated that the amendments were made following various insightful and constructive proposals received during this year’s pre-budget consultations, though a number of them may be considered for future budgets. 

"Mr. Speaker, Sir, the Customs and Excise tax measures to be announced today will become effective from midnight tonight, whereas the Value Added tax (VAt) and Income tax measures will be effective on 1st July 2015, once the relevant bills are passed by this House." He announced 

Increased Customs And Excise Duty Measures

Hon. Gondwe announced that, following the tremendous uptake of the telecommunication services in Malawi, and in order to expand the tax base togenerate resources for this budget, 10% excise duty will be levied on text messaging and all data transfers including internet and similar services. He noted that Government removed customs duties on mobile phones in order to improve access to mobile telecommunication. And went further to remove customs duty on solar cellular telephone chargers. 

Government has removed henceforth, Customs Procedure Code for Specialized Broadcasting Equipment for Direct use in Television and Radio Stations (CPC 480). Such equipments were imported free of Customs duties, VAt and Excise duty, in order to improve information dissemination in Malawi. 

The finance Minister contented that objectives of removing customs duties have been achieved as there is now a proliferation of television and radio stations in Malawi, creating competition in the industry which has given Malawians options to choose from.

Threshold Value for Entry of Goods on Customs Form 12 has been increased from K100,000.00 to K500,000.00 so as to reduce the time spent at the port of entry for small and medium business people or travellers who import goods from neighbouring countries, and to support the ‘Ease of doing Business’ initiatives that the Government is undertaking.

Customs and Excise Duty Fines has been revised upwardsin order to provide for meaningful cost sharing and recover the value eroded by inflation. Now, the minimum fine has gone up from K10, 000.00 to K100,000.00, as the minimum fine in the Customs and Excise Act has been eroded with inflation and does not cover the cost of enforcing compliance. 

Reduced Rates in Excise Duty 

Excise Duty on some Imported Vehicles Government has reduced excise duty rates on motor vehicles under the Customs and Excise tariff Heading 87.03 with an engine capacity exceeding 3,000cc in order to encourage tax compliance.

Excise Duty on Dry Cell Batteries that operate light torches and radios used by most Malawians, especially in the rural areas has been reduced from 30 percent to 10 percent.

On Regional Trade Agreements, Malawi is to migrate to Customs and Excise (Tariffs) Order to COMESA Common Tariffs Nomenclature (CTN) and this will be published in the Government Gazette.

The budget statement furhter indicates that there shall be Taxation Act Amendments including on Tax Policy and Administrative Measures, Amendments of the Malawi Revenue Authority Act, and Amendments of the Value Added Tax Act.

Reed full budget statement Read or Download

Goodall Unpacks K901. 6 Billion Budget Estimates for 2015/2016

Hon Goodall Gondwe Arrival at Parliament 

The Minister of Finance, Economic Planning and Development Honorable Goodall Gondwe has unpacked the estimates on the recurrent and development accounts for the budget of the 2015/16 financial year on Friday afternoon in the National Assembly.

Now, the budget has been referred to the committees of Parliament for two week scrutiny before they are considered by the Committee of the Whole vote by vote, and that, thereafter, they be adopted.

Gondwe announced that the total expenditure and net lending in the 2015/16 budget is projected at K901.6 billion “Although this appears to be higher in money terms than the 2014/15 revised total expenditure of K800.7 billion, it is actually lower in real terms." He said



The 2015/16 budget constitutes 26.2 percent of GDP, while the revised budget for 2014/15 accounts for 28.4 percent of GDP.

The recurrent expenditure will be K674.6 billion, while development expenditure will amount to K224.0 billion. Therefore, the share of goods and services that will accrue to the public sector is projected to be lower in 2015/16 than that consumed in 2014/15 Said Gondwe

When making his presentation, Hon Gondwe acknowledged uncertainty of receiving budgetary support from bilateral donors though Malawi is sealing loopholes that led to theft of public money dubbed cashgate. 

He did not even hide to mention that the budget has not only seen a decline in donor budgetary support, but dedicated and project grants as well. 

The Finance Minister however, told the House that more support from donors to Government ministries, departments and agencies shall largely be through off-budget a development which will see votes, particularly those in the social sector, appear underfunded, but may actually be adequately funded when off-budget donor support is added to the budgetary allocation.

But he noted that upward trend in off-budget support as a major source of financing the delivery of public goods and services is not without problems. In particular, he said this development means that the Government (including Parliament) does not have decision making responsibility over an increasing amount of resources available to the public. Therefore, the Government cannot properly decide on expenditure priorities, nor properly plan and time the delivery of goods and services in some critical areas.

But Gondwe said Malawi hold the strong view that greater coordination between the Government and the donors will go far in relieving some pressure on the budget itself, and sustaining the impact of donor support.

Currently, African development Bank resume its budgetary support during the 2014/15 financial year but Malawi government remain hopeful that the other two multilateral institutions, World Bank and the European union, will shortly decide to join the African development Bank.

Outlook of 2015/2016 Budget

Since this year’s budget is premised on no budgetary support, Malawi has strategized to generate adequate local resources to finance activities. Consequently, Gondwe said government has developed the tax measures that will concentrate on improving administrative efficiency, encouraging tax compliance, and broadening the tax base in order to generate more domestic resources.

The finance Minister indicated that the design of this year’s budget is characteristically reflective of the diminishing size of the resource envelope available to the Government, as a percentage of GDP (hence, potentially, in real terms), against the pressure of growing needs to provide critical public goods and services. 

He indicated that the draft budget assumes an optimistic macroeconomic outlook for the next financial year. Inflation rate is projected to decline to 16.4 percent, a general decline in interest rates while economy will register a higher real growth rate of about 7.0 percent.

Gondwe being led onto the chamber by Sergeant at
Arms

Hon Gondwe also said the assumed nominal value of GDP for the 2015/16 Financial Year is K3.4 trillion.

Gondwe said, total revenue and grants are projected at K763.5 billion (22.2%of GDP) which is lower share of GDP than the revised figure for 2014/15 of K683.3 billion, which represented 24.2% of GDP. He said this decline in total revenue and grants as a share of GDP is entirely due to the continued decrease in donor grants, which amounted to K132.8 billion in 2014/15, but are projected to decline to K97.1 billion in 2015/16. 

He even mentioned that project grants, which remained buoyant in the past, are projected to decline from K71.5 billionin in 2014/15 to K52.9 billion in 2015/16. Moreover, he said dedicated grants are projected to decline by about K10.6 billion relative to the 2014/15 revised figure of K47.6 billion.

He said tax revenues are projected to rise from K581.0 billion in 2014/15 to K592.4 billion, as the Malawi revenue Authority (MrA) sets out to strengthen the tax administration regime, and as the economy bounces back from subdued growth.

The Minister said the recurrent expenditure allocation, however, it is proposed to increase wages and salaries by an amount that will raise the salaries of the junior grades in the public service. The budget also provides for the recruitment of some 10,500 primary school teachers and 466 secondary school teachers, who are projected to join the civil service during the last quarter of the financial year. These initiatives as well as an annual wage creep scheduled for implementation in December 2016 will raise the wage bill from K198.0 billion in 2014/15 to an estimated K228.7 billion.

Development expenditure, which was revised to K189.2 billion in K2014/15, is projected to rise to K224.0 billion in 2015/16. Some K173.0 billion of this amount will be funded by external resources (development Part I), while K50.0 billion will be funded using domestic resources (development Part II).

For the first time, an amount of K5 billion or 10 percent of the domestically financed development expenditure, is being set aside for rural development in the district councils. Therefore, together with resources for the local development fund (ldf) and the Constituency development fund (Cdf), local authorities will have command over K30 billion this year, for grassroot development projects.

In addition, the draft budget has provided the sum of K6.5 billion for maintenance and rehabilitation of roads within four cities. Of this amount, the cities of Blantyre and Lilongwe have each been allocated the sum of K2.0 billion, while Mzuzu will receive K1.5 billion, and Zomba will receive K1.0 billion.

Direct allocations to key line ministries

The amount of K133.7 billion has been allocated to the Ministry of Agriculture, Irrigation and Water development; K109.8 billion to the Ministry of Education, Science and technology; and K77.4 billion to the Ministry of Health. However, through off-budget donor resources, Ministry of Health will also receive  about K55.6 billion, making a total of K123.0 billion. Similarly, the Ministry of Gender has a total budgetary allocation of K3.2 billion, and will receive off-budget donor funding amounting to K14.4 billion.

The proposed budget has a planned overall deficit of 4.0 percent of GDP, against 4.2 percent in 2014/15. Below the line, planned domestic borrowing is projected at K25.0 billion, or 0.7 percent of GDP. This compares favourably with the corresponding figures for 2014/15 of K36.8 billion, which is 1.5 percent of GDP. Building on the trend in 2014/15 already described, it is planned to reduce the domestic debt stock further from 15.9 percent to 14.5 percent of GDP in 2015/16. Thus, Malawi could be reaching the internationally accepted ratio of 12.5 percent quite soon.

Get the Full Budget Statement Here...https://docs.google.com/file/d/0B_djmeY3fFSHMm9lVFp3aEYxMkk/edit?usp=docslist_api

Or summary...https://docs.google.com/file/d/0B_djmeY3fFSHTGxISi05YWpoOXM/edit?usp=docslist_api

MCP, PP Expects Investment Based Budget

Minister of Finance, Economic Planning and Development is expected this afternoon to present 2015/2016 National Budget in the National Assembly.

Hon Goodall Gondwe is to present a budget statement whose estimates are approximately up to K900 billion.

Expectations from Malawi Congress Party and Peoples Party

Two major opposition parties spokesperson on finance matters in the national assembly have emphasized that government should bring budget that outlines how it intends to promote productivity and less consumption.

According to Peoples Party (PP) Spokesperson on Budget and Finance Matters in the National Assembly honorable Ralph Jooma, this year's budget has to provide not less than 30% to investment and development with minimal allocation to consumption.

"It must be investment budget otherwise we are going to continue facing a lot of problems in this country." Said Jooma

He noted that focus on investments will help Malawi to realise the growth of private sector and alleviate poverty among Malawians rather than budget which focus more on consumption. He said saving little by little will see Malawi in five year time have stable economy.

Similarly, MCP spokesman for Finance matters in parliament honorable Joseph Njobvuyalema said he expects budget which focus much on Incentives for businesses as one way of enhancing economic productivity.

He also mentioned that since government has expressed its continued focus on Subsidy Programme, this year's budget will not add up to anything if there is no clear explanation as well as effective outline of how the mess that characterised the Subsidy Programmes shall be wipeout out so that it benefits Malawians.

Hon Jobvuyalema also expects to hear how government will sort out its outstanding arrears with various companies.

Mw To Pass Access To Information Law This Year- Special Rapporteur

The Special Rapporteur on Freedom of Expression and Access to Information (ATI) in Africa has expressed hope in the Government of Malawi's assurance that it will enact Access To Information Bill before the end of this year.

An advocate for (ATI) law, Pansy Tlakula, was in Malawi since Sunday on advocacy mission to Malawi to support the initiative of adoption of ATI law and to appreciate the progress made in the enactment of this long awaited legislation. Among others she had series of meetings with ministers, Civil Society Organizations and members of parliament.

Tlakula says is convinced now that there is renewed commitment of the new government to enact the law which is in the process which is steps closer for tabling in parliament.

“We were promised that the bill will be in parliament before the end of the year." She said, "There are a number of issues that still have to be threshed out from the bill and as we speak the bill is in the hands of Minister of Justice and he will be handing it over to the minister of information who has promised us that he will convene in a week or two a meeting of the task force to look at those contentious issues that are still outstanding and to try and resolve them. And after those issues have been resolved, the bill will then be taken to parliament.”

"I know that Malawians have waited for so many years for this access to information law to be a reality but I can assure you that with engagement that I had in the past four days I leave this country with optimism that the bill will indeed see its way through to parliament" said Tlakula who further mentioned that members of parliament assured that they will overwhelmingly support the bill.

But, the special rapporteur has since encouraged Malawians to continue push further for government to live up to its promise on the law. She therefore reminded promises made by President  Professor Peter Mutharika when he campaigned and even in their manifesto of deaire to enact ATI as soon as they get back to power.

"President Mutharika also made similar undertaking when he inaugurated the parliament” she said

“So we were here to encourage him and members of his government to live up to that undertaking" said Tlakula who described her meetings with various officials as "extremely successful"

She continued “I think there is a renewed commitment from government, we have new people in government who have shown commitment to me and I believe what they are saying. I would want to believe that they cannot make these commitments so openly and not deliver on them, and really it is up to the people of this country to go back to them if they don’t deliver on those commitments and to hold them accountable.”

Policy on ATI law was finalised in January 2014 and the Drafted bill was taken to minister of Justice.

Malawi has been struggling for more than 10 years to have Access to Information law and promises were made by governments to adopt the law.

16 countries in Africa have ATI law, the latest being Mozambique

Chairperson for MISA Malawi is Now Excited

MISA Malawi chairperson Thom Khanje considers this high level advocacy mission as timely and imperative in the country’s efforts to have legislation on ATI."

The visit by the Special Rapporteur does not only add impetus to local efforts for Malawi to have legislation on ATI but also demonstrates the importance of ATI in promoting good governance and citizen participation in the democratic process." He said

Khanje also said is happy that after long struggle Malawi Government has shown commitment to enact the law. He a said the law will greatly benefit all Malawians and therefore every Malawian should take part in pushing for the law to be enacted.

The special rapporteur was appointed pursuant to a Resolution of the African Commission on Human and Peoples Rights as adopted at the African Commission’s 38th Ordinary Session on 5th December, 2005.

Among others, the major focus of the rapporteur’s work has been to encourage AU Member States to adopt Access to Information laws which conform to regional and international standards. To that end, the Special Rapporteur led the process for the development of a Model Law on ATI for Africa to assist Member States in the adoption of ATI Laws that are in line with international principles and standards.

The development of the Model Law was a two and a half year long process, which culminated in its adoption by the African Commission in February 2013, and was launched on April 12 during the 53 Ordinary Session of the African Commission which took place from 9 to 23 April 2013 in Banjul, Gambia.

Malawi is one of the country’s that has used the Model Law in drafting its ATI Bill.

Malawi Govt Challenge CSOs "Educate Malawians On Death Penalty, Homosexuality Before Calls On Changing Laws

Samuel Tembenu 

Malawi Government calls civil society to promote debate and conduct civic education on death penalty and homosexuality issues as it reveals her rejection of 41 recommendations that broadly concern such issues during 2nd Cycle Universal Periodic Review by United Nations on Human rights Council.

Justice and Constitution Affairs Minister, Samuel Tembenu was speaking at a Media briefing on Wednesday in Lilongwe following his return from two Sessions in Banjul and Geneva on the status of human rights in Malawi.

He said 199 recommendations were received from State Parties out of which 145 have enjoyed the support of Malawi government and 13 recommendations will need further consultations.

But said 41 recommendations on same sex relationships and death penalty were rejected because Government position is that people should be allowed to debate freely.

He said Government is therefore challenging civil society to carryout extensive civic education to enable the general populace to contribute to the ultimate decision concerning these issues.

He added that people with opposing views and those in support be given necessary tools to freely articulate their respective view points.

Currently in Malawi same sex marriages are criminal offense, however, the justice minister has assured that though there is no intention of changing the law by removing the sections that make homosexual a criminal offense, no one shall be arrested or discriminated against for being a homosexual.

In Banjul, Gambia, Malawi presented her initial and combined report on the African Charter on Human Rights and Peoples Rights to the African Commission. While in Geneva, Malawi underwent a 2nd Cycle Universal Periodic Review (UPR) by United Nations (UN), Human Rights Council.

“In responding to some of the issues raised by states and in providing clarification, Government stated that it has not received official reports with respect to the issue of Homophobia and that the constitutional guarantees of equality and non-discrimination apply to all people in Malawi without distinction on any grounds.” He said

“Government has done it by setting up a Law Commission to look at these issues like constitutional conferences that were done before where issues of same sex relationships and death penalty were discussed and Malawians said no.”

He then challenged “The current proponents of same sex relationships are the civil society organizations so the challenge we are giving to them is that go out into the village, let the ordinary man understand what you are talking about if you win him over then we should start talking about changing the law but before Malawians understand this thing we cannot change the law.”

“It will not help anybody shouting at government that you haven’t done this” he said, “Let’s take it back to the people because any law that has to be made in this country should be an expression of aspiration of the people Malawi.”

Among others, the minister mentioned that Malawi also informed UN of the various measures being implemented to address the emerging issues of attacks against persons with albinism.

He also indicated that government denied reports made to the UN on the threats to Human rights Defenders and on the issue of curtailment of the right to assembly and holding peaceful demonstrations. He said government has invited UN Special Rapporteur on Human Rights and Rapporteur on Freedom of Assembly to Malawi to assess the situation.

Hon. Tembenu said UPR process will lead to government adopting a number of commitments through acceptance of recommendations that state parties have advanced to Malawi on continued improvement of the human rights situation.

He expressed Malawi Government commitment that, relevant laws will be enacted, continued implementation of relevant programmes and policies, ratification of relevant international human rights instruments, continued strengthening of the capacity of human rights and governance institutions and continued cooperation with United Nations mechanisms.

The Minister said Malawi has been commended in all the two sessions for making strides in the promotion of human rights in areas of gender and women rights, children rights, human rights of vulnerable categories, civil and political rights as well as economic, social and cultural rights.

Man Imprisoned to 10 Yrs For Defiling 3Yr old Girl in Kasungu

Police in Kasungu district have asked Malawians to work together with police in fight against criminal acts of defilement and rape of children.

The call follows recent conviction and sentencing of 23 year old man, George Dzonzi to 10 years imprisonment with hard labour for defiling a 3 year old girl child.

According to Kasungu Police Public Relations Officer, Inspector Edwin Kaunda, the girl was defiled when she woke up early morning and went outside to answer call of nature.

Unfortunately, the police officer said the girl met Dzonzi who dragged her in his house and got raped. He said the suspecting mother of the victim entered Dzonzi house where she found her daughter lying on a mat and had semen spots seen on her thighs. The mother reported the matter to Bua police and examination by medical officials revealed that the girl was raped.

Inspector Edwin Kaunda has since urged people to report such issues to police in order to end the problem.

“What we are saying is that we are encouraging each and every Malawian, in whatever kind of society that should they hear or have seen that someone has defiled a girl or rape a woman please they should rush to their nearest police station because that will be very important." Said Kaunda, "Be assured that once we as police receive such reports, we will react immediately, investigate and make arrest quickly”

“As you are aware that police is responsible of protecting property and lives of all people and that includes protecting rights of every person. So we are not relenting on this issue, we are going to play our part ensuring that our children are not defiled."

Inspector Kaunda has asked Malawians who are perpetrating the practice to stop saying they are ruining children's future.

"And we are urging people to refrain from such malpractice of raping, and defiling children. Children are the future of Malawi, therefore raping or defiling them is to damage future of Malawi.”

He went on, “Defilement cause permanent damage to their lives including physical and psychological damage. Let us all hold hands to protect the rights and future of our children.”

EU, Pump in €5 Million to Malawi, Madagascar, Mozambique for Disaster Recovery

The European Union (EU) announces increase humanitarian aid for flood victims.

The European Commission is giving an additional EUR 5 million to Madagascar, Malawi and Mozambique following the floods that ravaged the countries earlier this year.

The aid is aimed at supporting the early recovery process in all three states and comes on top of the EUR 3 million of emergency aid initially released in February.

"The floods that hit Malawi, Mozambique and Madagascar a few months ago were devastating for a region that is already extremely fragile. Months later, the local

populations are still suffering from the consequences and need our help", said EU Commissioner for Humanitarian Aid and Crisis Management Christos Stylianides. "The aid that we provide today will give much needed relief to the most vulnerable and help them rebuild their lives."

The new funding will help respond to primary needs in the countries, such as food security, agricultural recovery, rehabilitation of shelter and vital infrastructure, water and sanitation, as well as primary health/epidemics prevention.

Malawi CSOs, Parliamentarians Plan For Injunction On MSB Sale

Leaders for the last week Friday 15th May demonstrations against government decision to sale Malawi Savings Bank (MSB), says they will soon seek another alternative of halting the ongoing sale process.

Billy Mayaya a human rights activist says members of Civil Society Organisations together with some Members of Parliament are planning to obtain an injunction restraining government from proceeding with sale of MSB until Malawians understands what is happening on the matter.

He said the injunction will help to stop government from continuing with selling plans and their injunction shall add to last week stay order which others took in Blantyre.

Mayaya has further warned that if all avenues fail to stop government from continuing with the process of selling the bank, people will continue with vigils and demonstrations across the country.

Last Friday, Mayaya led Concerned Malawians to the National Assembly with petition asking legislature to stop government from continuing with MSB sale. However, parliament has recently failed to stop government on the matter through motion passed in February which restrain the sale of MSB pending Budget and Finance Committee to scrutinize the matter and make recommendations.

But, Mayaya says the petition to the National Assembly was a first step in demanding transparency and accountability.

Man, 26, Committed Sodomy to An Epileptic Man in Ntcheu

A 26 year old man in Ntcheu district is spending time in police custody after it was learnt that he had an anal sex with an epileptic man aged 20.

It is not known if the man did the act for magic charm or he is one of the homosexual.

Mr Tokha Nasoni from Ngalande village of T/A Njolomole, in Ntcheu district allegedly committed sodomy with Mr Pilirani Thomson of same village says police in the district.

Hastings Chigalu, Ntcheu Police Public Relations Officer says the victim who suffers from epilepsy was dragged into the house of the accused during the night of 9-10 May 2015.

The victim was forced to sleep with the accused said Chigalu who indicated that the suspect had taken advantage of the victims mental problem.

"Sodomy was realised when the victim had innocently tried to demonstrate to his brother of what he did with the suspect. The development alarmed the relatives of the victim who immediately took the matter to police." Said Chigalu and further indicate that Medical examination at Ntcheu District hospital indicated the man was sodomised.

The accused has since appeared in court answering a case of Buggery (Sodomy) contrary to Section 153 sub section A of the Penal Code which attracts a maximum sentence of 14 years Imprisonment with Hard Labour if found guilty.

Dzaleka Refugees, Communities Improves on Human Rights Awareness-Plan Malawi

Dzaleka Refugee Camp 

Plan Malawi says the project being implemented at Dzaleka Refugee Camp focusing on three thematic areas of human rights, child protection and sexual gender based violence has managed increase rights awareness among the refugees and communities around the camp.

Plan Malawi began the project in 2014 in partnership with UNHCR to enable people recognise, report and fight forms of abuse.

Tiwonge Kamfose Plan Malawi

Tiwonge Kamfose, Project Coordinator for Plan Malawi at Dzaleka Refugee Camp says since last year the project was rolled out, has seen the rise of women and children reporting cases of abuse at the same reduction in cases of sexual gender based violence and child abuse around the camp compared to previous years.

“We are happy now that both people in the camp including children and women and the people from the surrounding communities are able to know their rights and feel free to report any abuse and violence whenever they fall victim. And more importantly, they are able to know relevant institutions to report them.” said Tiwonge Kamfose

“Unlike before where people used to hide sexual gender violence in their respective families and child abuse particularly among the refugees, now after we taught them of their rights as foreigners and respect of Malawi laws, we are now registering positive changes as many people are able to report any form of abuse" said Kamfose who further assured that such rights campaigns have enhanced coexistence between refugees  and members of Dzaleka communities  who are also benefiting from the programme.

She however noted that the project is facing challenges mainly when trying to convince the diverse community to accept issues of child protection and rights due to differing views and cultural background.

“You understand that people living at this camp are from different countries and from different cultures as well. So for them to understand the concept that Plan Malawi is working on where we embrace the issue of Child protection and rights, some thinks we are going agaist their cultural norms. That is our main challenge but through our campaigns such mindset and thinking is fading away and they are taking in and understand what we are talking about.”explained Kamfose

Owen 

Dzaleka Camp Administrator Mr. Owen Nyasulu has commended Plan Malawi project saying it has assisted in raising awareness of refugees rights as well as instill peace with members of communities around Dzaleka camp

“The first thing when it comes to human rights, the person you are targeting with assistance, you need to empower him and give him information and get his views whenever you are planning and managing things. Secondly the host community needs to be empowered with information and knowledge of issues about refugees.”

Nyasulu then said "So plan Malawi project has managed to look into such areas and this is why we are happy that since the initiative was implemented last year, we have  observed change in knowledge of their rights as well as good relationships with surrounding communities."

Father Murder His Daughter In Fight With Wife

A 23 year man is in police custody in Salima district for murder of five months old daughter during a fierce fight with his wife.

The man, has been identified by police as Madalitso Malowa of Kambwiri village T/A Kambwiri from Salima district and was fighting with his wife who had at the time carrying the baby on her back on Sunday, 17th May 2015.

According to Salima Police Public Relations Officer, Sub Inspector Gift Chitowe, Madalitso Malowa's punch which missed his wife, landed on the head of his five month old daughter who fainted on the spot.

Sub Inspector Chitowe says the child was rushed to Salima District hospital where she was pronounced dead.

The officer says medical officials said the child died due to head injuries.

The suspect will appear in court soon to answer murder charges says Chitowe.

Still in the same district

Police in Salima have embarked on a campaign on revamping community policing structures as one way of strengthening the security within Salima District.

Police Public Relations Officer for Salima district, Sub Inspector Gift Chitowe says, police in the district has put in on going programmes of revamping community policing structures, strengthening the weak as well as train the personnel on how they can effectively and efficiently conduct their duties.

Chitowe said when addressing the Station Executive Committee members over the weekend, Officer In Charge for Salima Police Mr. James Bwela who is also a Senior Assistant Commissioner of Police urged the public to work in collaboration with the police by reporting any suspected persons to police so that such criminals should face the law.

Malawians Say ‘No’ to MSB Sale In Petition to Parliament, Finance Minister

• Petition was sent to Parliament and Minister of Finance asking government to stop plans to sell MSB

• Warns of series of national wide demonstrations and call for early elections if demands are not met in 60 days 

Petitioners (Bright Kampaundi in front)

Malawians against the sale of Malawi Savings Bank (MSB) have asked government to halt the ongoing process of selling the bank pending input from ordinary Malawians through National Assembly.

Government is insisting to sale MSB for financial problems the bank is going through and that it has debt amounting to K6 billion.

Rhino Chiphiko listening petitioners 

The petition from concerned Malawians has been presented Friday afternoon to the National Assembly then to Minister of Finance and Secretary to the Treasury.

The letter has warned that once the demands never met in 60 days people shall have no choice but continue with series of civil disobedience events that shall include; holding vigils at all MSB Branches and at Parliament building. 

Hon Chiphiko receiving petition
From Billy Mayaya

The petition also says people shall call for fresh elections to usher in a crop of new leaders who will serve people’s interests as citizens of Malawi.

When reading out petition, Billy Mayaya said Malawians are against the sale of MSB which they own because its assists them well since it has branches across the country.

Petitioners singing before petition
was handed to Parliament 

“We, people of Malawi, have come here to deliver the strong message to members of Parliament that Malawians say ‘No’ to the sale of Malawi Savings Bank (MSB)” he said

He mentioned that the plan to sale the bank without consulting Malawians is bleach of trust people placed in government because that is contravention to Constitutional fundamental principles which states that all powers of the state come from the people and that all people responsible for the exercise of power do so based on the trust of the people of Malawi through open, accountable and transparent government.

“The decision to sale MSB is ill conceived because we the people of Malawi have not been consulted on the matter. Malawi Savings Bank runs on our hard earned taxpayer money and yet our voices are being silenced.” Said Mayaya and asked government to halt any process to sell the bank pending the National Assembly to fully discuss the matter on people’s behalf in a transparent and accountable manner.

While the petition is claiming that plan to sale MSB is tantamount to Cashgate it also indicates that it is government move to push burden to taxpayer to pay off loans that businessmen with political connections owes the bank citing Muli Brothers who owe the bank up to K4 billion.

The petition demands that National Assembly debates and approve the recapitalization of MSB as well as summon Minister of Finance, Secretary to the Treasury and Public Private Partnership.

Petitioners at Civic Offices 

It further asks the Anti-Corruption Bureau (ACB) to investigate the matter and that all politicians and businessmen who took the loans repay them failing which their assets must be seized forthwith.

At parliament Building, Chairperson for Budget and Finance Committee of Parliament, Honorable Rhino Chiphiko received the petition on behalf of Speaker while at Lilongwe Civic Offices, spokesperson for the ministry of Finance, Mr. Nations Msowoya received the letter on behalf of the Minister and Secretary to Treasury.

Nations Msowoya (right)

In his remarks, Hon Rhino Chiphiko welcomed the decision to present the petition to the National Assembly “Your coming here, shows that parliament is very important and has jurisdiction of these matter.”

Chiphiko said next week his committee is to be present the report in the house on the same issue following the 26th February 2015, motion moved by Dowa West legislature which placed Budget and Finance Committee to oversee the matter and make recommendations.

Fryson Chodzi reading out names of businessmen
who owe MSB

A total of five human rights activists have signed the petition namely; Gift Trapence of Centre for the Development of People (Cedep), Timothy Mtambo of Centre for Human Rights and Rehabilitation (CHRR), Billy Mayaya a Human Rights Defender, Fryson Chodzi of Forum for National Development (FND) and Bright Kampaundi of Youth and Childrens Rights Shield (YCRS).