CSO, NGOs Nominated Few Women Commissioners For MHRC

Law Commissioner Gertrude Lynn Hiwa

Clarification from the Malawi Law Commission (MLC) on the imbalanced representation of women in the recent appointment of Commissioners for the 6th Cohort of the Malawi Human Rights Commission (MHRC), suggests Civil Society and Non-Governmental Organizations are themselves to blame. 

The remarks from MLC, comes amid outcry that there is only one woman in the current list of Commissioners for MHRC. 

Bertha Msefu, Reverend Patrick Semphere and Baldwin Chiyamwaka are the newly appointed Commissioners who join Commissioners; Benedicto Kondowe, Dalitso Kubalasa, Justin Dzonzi and Steven Mkoka.

Last week CSOs released a press statement which declared that gender equality and women inclusion was missing the appointments of Commissioners of MHRC. 

The human rights defenders, also wrote President Peter Mutharika as final authority that endorse and swears in Commissioners, asking him to withdraw the nominations to allow new process start over again to include two more women from the existing list.

However, MLC on Tuesday explained to the press that all processes to appoint new Commissioners for MHRC was duly followed and that relevant NGOs submitted their nominations of persons to be Commissioners.

“The Law Commissioner and Ombudsman sent out the request to the concerned NGOs and other bodies that are relevant for nominating members that should be considered for the position of members of the Human Rights Commission.” Clarified Commissioner Gertrude Lynn Hiwa

“In the end, the Law Commissioner and Ombudsman being facilitated by the Secretariat of the Human Rights Commission went through the processes as set out by the law, taking into the regard of the provisions of Human Rights Act, the Constitution and the regulations that are made under the Human Rights Act. 

There is a set criteria that we took into account and this is a process that is both objective, transparent and quite comprehensive” she explained 

Hiwa: the out come is what CSOs presented 

“The outcome is a sign of what we had to work with. There were factors that were beyond our control so that although as Law commissioner we are aware of Gender Equality Act provision there was nothing that we could have done but to go through with the process as is provided by the law” she said

Hiwa then said president who is the appointing authority had only fulfilled his mandate by appointing the names that were before him.

Although the Law Commissioner, noted that the calls by concerned CSOs for more women representation were valid, but she also indicated that in the reading of the law, there is no reversal to the decision that was made.

The Proposed Legislation on Chefs Act reduces Presidential Powers to Zero

The Proposed Legislation on Chefs Act reduces Presidential Powers to Zero

The Malawi Law Commission says has finalized the review process of Chiefs Act. The proposed legislation has made several changes particularly on cutting vast presidential powers provided in the current Act.

The President has been restricted from inaugurate, appoint, removal as well as elevating and creation of new offices of traditional leaders, in order to depoliticize institution of traditional leadership and reduce wrangles that have been frequent among royal families of which some of them remain unresolved up to date.

The special Commission observed that president mandate to appoint a traditional leader has attracted criticism in democratic Malawi, “This power is perceived to erode the independence and proper functioning of the institution of traditional leadership in view of the practice that has developed where political affiliation takes precedence despite the fact that the law requires prior consultations.”

“Therefore the commission has recommended that the president should cease to exercise such powers” Commissioner Stuart Naison Medson Ligomeka, deputy chairperson for the special Law Commission announced on Friday evening in Lilongwe, when presenting the findings and recommendations to the Media.

“Instead, the identification of a person who qualifies for appointment as Paramount Chief and Traditional Authority should be done by the royal family. The role of president shall be restricted to recognizing the person so identified by issuing a Certificate of Recognition.”

However to ensure no delay in the recognition of a traditional leader the commission suggest that where three months have elapsed since the time of notification the president shall be deemed to have recognized the appointment of a traditional leader.  

The proposed Act empowers Minister to preside over ceremonies of installation of Paramount Chief where Oath of Office shall be administered by the Registrar of High Court, but Paramount Chiefs shall install a Traditional Authority who shall install Sub Traditional leaders where Resident Magistrate shall administer Oath of Office.

The commission recommends the abolition of Senior Chiefs position which came into effect following an amendment of the Act in 1999. This encouraged Presidents to make several appointments without involving traditional leaders in the district as stipulated in the Act.

“The commission found such appointments of senior chiefs problematic. The appointment does not confer additional jurisdiction on a chief and the position of Senior Chief is personal to holder.” Said Commissioner Ligomeka

However the Commission indicates that current holders shall continue to serve as such.

The recommendations also indicated that status quo of permanent Paramount Chiefs (like Lundu, M’mbelwa, and Gomani) be maintained, because they are recognized by Act and history of the country. While those that are personal to holder shall remain personal to holder as there are reasons as to why those Paramount Chiefs hold their positions in this basis.

The commission proposes that powers to remove a traditional leader lie with royal family, the president should only recognize the removal from office and where applicable withdraw the Certificate of Recognition. However the president shall be deemed to have withdrawn a Certificate of Recognition where a period of three months has elapsed since he was notified of the removal of traditional leader.

The commission recommendations further suggest that the Act name be changed to “Traditional Leaders Act” for the title of the law to cover various cadres of traditional leadership.

The Chief’s Act was enacted into law in 29^th December 1967 and has been amended a number of times. This review followed several submissions made in 2007 to the Law Commission requesting a review of Chiefs Act (cap.22:03).

Beginning in 2009 the special Law Commission chaired by Anaclet Chipeta Justice of Special Appeal reviewed among others the role of traditional leaders in local and national life, accountability structures relating to the chieftaincy, succession and gender related issues in the Act.

According to Commissioner Ligomeka recommendations under this review “seeks to entrench democratic principles of transparency, accountability and gender sensitiveness in the institution of traditional leadership” and insulate the institution of traditional leadership from political manipulation.

The methodology involved among others invitation of submissions from members of the general public through notices in the local papers and in Gazette, regular meetings to scrutinize the Act section by section and National workshop to validate a subject the Commission’s findings and the recommendations.

Meanwhile Law Commissioner Gertrude Lynn Hiwa SC has urged government to spearhead enactment of the proposed legislation into law.

European Union through Democratic Governance Programme funded the programme and Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) also supported Law Commission with financial and technical support.