CHRR, Cedep Cautions Legislatures On ATI Bill

Trapence and Mtambo

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) warns Legislatures not to pass Access to Information Bill (ATI) in its present form saying it is adulterated bill.

A statement reacting to President Peter Mutharika State of National Address, from the two organisations says presently, grey areas in the Access to Information bill include: Scrapping of a provision that information holders should disclose information in the public interest such as unauthorised use of public funds; The introduction of fees for Malawians to access to information; and the Removal of provision which would have enabled people to demand information before the law was enacted

The ATI bill will be officially presented in the National Assembly for tabling by Information Minister during this Third Meeting of 46th Session of Parliament, to consider the 2016/2017 National Budget.

Timothy Mtambo and Gift Trapence executive directors for CHRR and Cedep respectively,  expressed in a the Statement today that " In the first place, CHRR and Cedep commend the President for indicating that the long-awaited Access to Information Bill would be tabled in Parliament within the session. We, at CHRR and Cedep, however, would like to reiterate our calls on parliamentarians to exercise democratic maturity by addressing all the undemocratic elements in the adulterated bill to reflect the spirit and purpose of the bill in a Malawian democracy."

They mentioned that they find the mentioned grey areas a regrettable attempt by government to render the Access to Information law toothless in this democratic dispensation. 

"The law, if enacted in its gazetted version, will fall short of addressing key issues such as Cashgate as well as other forms of power-abuse, among other vices." Adds the statement  

Among others the statement from CHRR and Cedep further call Government to go an extra mile in expediting prosecuting cases involving cash-gate and people with albinisms.

On cases involving people with albinisms, CHRR and Cedep bemoaned that cases of abductions and killings of people with albinism continue to escalate at alarming rate regardless of the recent stiffer sentences Courts are handing to convinced criminals.

"All this points to the fact that more needs to be done." Observe the statement suggesting that Malawi Police Service (MPS) and community relationship is key to prevention of abduction, exhumation and killing of people with albinism. 

"Government through MPS ought to strengthen its community outreach structures such as community policing in dealing with the vice" adds the statement 

The statement further calls upon parliamentarians to exercise democratic maturity and patriotism as they conduct their deliberations on behalf of Malawians who are facing numerous challenges in their daily lives.

President Mutharika Was Incorrect On Provision In ATI Bill

Trapence and Mtambo

It is now proven that President Peter Mutharika erred to claim that Access to Information (ATI) Bill has provision which bars National Assembly from reviewing the legislation once enacted.

Two renowned Civil Society Organizations, Centre for Development of People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) have since faulted the Malawi leader saying they never came across such provision in the drat bill.

Peter Mutharika

President Mutharika told Journalists on Monday at Kamuzu Palace that the ATI bill has number of inconsistencies including two provisions which says; once enacted the law will cover any information that happened before its enactment (Against common law principle that the law takes effect on matters happening the day it is signed) and that “in future” no parliament can ever repeal the law.

But according to a statement from the Cedep and CHRR signed by its executive directors, Gift Trapence and Timothy Mtambo respectively, they have possession of the draft bill which the President quoted but never came across a clause which says Parliament shall not have the power to repeal the Access to Information law.

“It is equally significant that President was able to highlight some of the “inconsistencies” in the Bill during the press conference. We, at CHRR and Cedep, however, wonder where the ‘inconsistencies’ the President highlighted during the press briefing came from. We have the draft Access to Information Bill and have never come across a clause which says Parliament shall not have the power to repeal the Access to Information law.  The Access to Information Bill we have was informed by progressive model laws on access to information.” Reads the statement

Cedep and CHRR believe the inconsistency claims were mare lies and tactics to delay enactment of the legislation.

The two CSOs have therefore challenged government to publish all the said “inconsistencies” for the public to appreciate them in addition to publicize the ATI Bill, once all the ‘ironing out’ and ‘aligning’ of the bill with other laws is done, before tabling it in the National Assembly.

“This would enable citizens and other stakeholders to check if there are any adulterations in the Bill.  Otherwise, we are bound to believe that the President is simply buying cheap public sympathy to justify the delay in enacting the bill.” Said Cedep and CHRR

“Given the culture of secrecy on how government is run, compounded a recent background of plunder of resources, Malawians  can simply ill afford to have an adulterated piece of legislation that will fall short filling its democratic space. Malawians need a law that will add value to democracy.” Claims the statement

Cedep and CHRR statement further said the President was undemocratic to state that he is not going to take deadlines from Malawians. The CSO's says as an employee of the electorate, the President must be accommodative enough, fully cognizant that it is within the citizens rights to issue deadlines to their demands especially on matters that require urgent address by his leadership.

Reading the draft ATI bill in question we never found the provision which President Peter Mutharika claimed that “in future” no parliament can ever repeal the law  

Indeed, President Mutharika was right to mention that in the current ATI Draft Bill grant access to information even that existed before the legislation was signed according to Chapter 3 on the application of the legislation  

                 “3. - (1) This Act shall apply to information in the custody or under the control of any public body, relevant private body or other information holders listed in the Schedule hereto regardless of whether such information came into existence  before the commencement of this Act  

     However, “(2) This Act shall not apply to the following information: Cabinet records and those of its committees; court records prior to conclusion of a matter; and information excluded from publication under the Official Secrets Act; and personal information.”

Mutharika made the error on the Bill when speaking to Journalist at Kamuzu Palace in Lilongwe on Monday evening following his return on December 6 from Malta, UK and South Africa where he went to attend to Summit and hold number of bilateral talks.

President Mutharika continued to make his promise of taking Access to Information Bill to National Assembly but this time around says this will happen "at some point" in this 46th Session of National Assembly.

He said his Government is through Cabinet Committee on Legal matters is resolving inconsistencies which prevented the bill from being taken to just ended First Meeting of 46th Session of the National Assembly as promised.c7

Health Sector Needs Urgent Solutions

Civil Society Organizations, Health Professional Associations and Patients Interest Groups says Government should not hesitate to solve number of problems facing the health sector at the moment.

This was said following the petition delivered to the National Assembly on Friday through Chair person for the Health Committee of Parliament, Juliana Lunguzi.

The Groups says most Health sector services are crippled which are causing leading to the poor quality services to the patients.

Gift Trapence, executive director for Cedep who is one of the nine signatories for the petition said the solutions in the health sector are needed now.

The petitioners observe that Malawi continue to struggle in its quest to provide free health services but gains supposed to accrue to average Malawian continue being eroded due to challenges in drugs and medical supplies availability coupled with inadequate funding for the health sector.

  

They therefore asked the National Assembly to intervene to the current situation and on the adequate National Budget allocation to the health sector.

"We are concerned with the significantly reduced Other Recurrent Transactions (ORT) allocation from K16.5 billion in 2014/2015 national budget to K12. 7 billion in 2015/2016 financial year.

This has affected the capacity of Ministry of Health to meet its obligations of ensuring quality care for all Malawians. District and Central Hospital received lowest allocation in recent years at 4.7% of the total of health sector budget leading to failure to settle water and electricity bills, stoppage of locum services, inadequate food for patients, challenges in referrals and failure to maintain equipment. There are no functional x-ray machines" reads petition

The petition adds: "We are concerned with Government failure to effectively address challenges surrounding drugs such as unavailability of drugs due to limited funding, drug pilferage and leakage, leading to low performance of curative services"

Among recommendations made in the petition includes increased national budget allocation to health of 15% of the total expenditure in order to meet Abuja Declaration to which Malawi is signatory.

It is also requesting Treasury to revise upwards the the ORT allocation to the sector and speedy process in the consultations on health financing including user fees as an option to sustainably finance the health sector. 

Malawi Network of Religious Leaders Living with or Personally Affected by HIV AIDS (MANERERA+), Centre for Development of People (CEDEP), National Organization of Nurses and Midwives of Malawi (NONM), Malawi Health Equity Network (MHEN), Pharmaceutical Society of Malawi, Medical Doctor's Union, Patient and Community Welfare Foundation, Radiographers Association and Paramedics and Allied Health Workers are the signatories to the petition.

Malawians Tired Of Excuses On ATI Enactment-CHRR, Cedep

Gift Trapence

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) says Malawians are tired of Government excuses on taking Access to Information Bill (ATI) to Parliament for enactment.

The two institutions have issued a statement signed by its executive directors Timothy Mtambo (CHRR) and Gift Trapence (Cedep) who says such unwarranted delays are insult to Malawians and are failure on the part of the Democratic Progressive Party (DPP) Government to bringing the bill for enactment.

CHRR and Cedep statement comes a day after Government issued a statement that Cabinet meeting of 17th November 2015 considered the Bill, and directed its Committee on Legal Affairs and Constitutional Affairs to quickly resolve inconsistencies therein.

In the statement, Minister of Information Jappie Mhango said it is the intention of Government to have a good and balanced law that is representative of all sectors of society. 

However, CHRR and Cedpep says Malawians “can no longer entertain further excuses” on sending to Parliament the Access to Information Bill for enactment.

The statement titled ‘A call on government to live the talk’ says when the President indicated in his opening address of 46th Session of Parliament that the bill would be tabled during the current Meeting of National Assembly, Malawians heaved a sigh of relief, given the importance of the piece of legislation in enhancing transparency and accountability in the affairs of the country.

“It is, thus, shocking, to note that the much-awaited bill does not appear anywhere near the Order Paper or on the notices of the new bills for the current sitting. This is unfortunate, to say the least. By promising Malawians what he cannot deliver, as is the case with ATI and other numerous instances—the incumbent is simply taking the citizens’ trust for granted. To this end, we call upon the President and the DPP government to ensure that the ATI bill is passed into law in the current sitting of Parliament. Malawians can no longer entertain further excuses on the Bill” reads the statement 

Said Gift Trapence in an interview; “This bill is very important for the development of the country. The bill will make sure that Malawians are able to access information of different sectors; information of health, on economy, agriculture 

So if government passes that bill it will help a lot in terms of accountability and transparency but as well development issues”

He said Civil Society Organizations are worried that Government is not committed to make sure that that bill is passed considering changes that government has been making in many times as to when they are going to pass the bill.

“So as civil Society Organizations we are worried in terms of behavior of the Government by not showing that commitment that they would want to pass the bill.

We are worried with the behavior of the current regime in terms of not respecting the pillars of the democracy and in those pillars one of them is the Access to Information Bill.” He said

Then the Cedep Executive Director warned that CSO’s are set to use all avenues to make sure that they pressure the Government to pass the ATI bill.

“We will use different strategies as CSO’s that we are going to mobilize, we will use international partners to make sure that this government passes the bill.” He said 

Among others the CHRR and Cedep statement also condemns the tendency where number of Cabinet Ministers are attending to Presidential political rallies yet they have nothing to do at the event.

CHRR and Cedep says such a practice is only wasting public money. 

“We at CHRR and Cedep are deeply disappointed at the Democratic Progressive Party (DPP) government’s continued wastage of the country’s limited resources on political rallies disguised as development rallies. Our position is informed by the recent ‘development rally’ in Mangochi where a horde of Cabinet ministers and other government officials accompanied the President at the painful cost of tax-payers. This is outrageous! While we appreciate the need for the President to address the nation on the government’s development plans, we find the expenses that accompany such functions too excessive for the current state of the economy”

In the statement CHRR and Cedep, vows not to tire to remind the DPP government that it should consider spending the limited resources on critical areas such as the health, education, water and energy sectors in dire need to urgent attention.

“If at all President Prof. Peter Mutharika feels like updating the nation on his government’s plans, let him be conducting periodic press conferences which, in our considered view, are a cost-effective alternative” says the statement

Citizens Forum To Continue Pressure Govt To Address CSO Grievances

The Citizens Forum for the Defence of Good Governance (CFDGG) vows to continue to make demands for concrete solutions on democratic and economic governance issues raised in recent statement by Civil Society Organisations (CSOs).

The newly established group says cabinet Ministers failed to provide concrete answers during a dialogue with CSOs weeks ago.

Early month of October, CSOs issued the statement which also demanded President Peter Mutharika to honorably resign if finds his office too difficult to handle and this prompted the dialogue which was shunned by the petitioner CSOs.

At the inaugural of the CFDGG on Thursday in Lilongwe, a statement was issued tackling similar issues and demands made by CSOs but with call to Government to address those issues with no hesitation.

Spokesperson for the CFDGG, Mr. Timothy Mtambo also one of the signatories to the CSO statement said at the inaugural that, there was never concrete response from Ministers during the dialogue which was facilitated by the Special Advisor to President on NGO’s and Civil Society Mavuto Bamusi and the Economic Advisor Collins Magalasi.

“These issues are being repeated because they were not addressed during the dialogue. We will continue to press for these issues until Government address them.” Said Mtambo and added that attempts made on the issues by the Ministers were general responses

Then Mtambo said the group wants from Government “concrete” and “comprehensive answers” on the issues raised and Government should seriously respond in writing providing action plan and timeframes on how it is addressing issues raised in the CSO statement.

The CDFGG in its statement further accuse Government of using “divide and rule, ambush” approach to dialogue and governance as a response to Civil Society’s statement on political and economic issues.

“Using this approach, Mutharika’s regime has gone as far as using tax payers money to mobilize and organize politically-motivated CSO’s meetings under the guise of dialogue with the petitioner CSO’s never invited.

The recent events in Lilongwe and Blantyre spearheaded by the Special Advisor on NGO’s and Civil Society Mavuto Bamusi and the Economic Advisor Collins Magalasi were not only “childish” but also a clear reflection that the recent calls for dialogue by the current regime are nothing but mere political rhetoric aimed at portraying the false picture that Government is sincerely interested in dialogue with concerned CSOs and that CSOs are shunning dialogue while the actual truth is that Government is playing double standards.” Reads the statement

But the statement says CSOs are always open to constructive contact and dialogue with Government, however, it maintains that such a dialogue must be done in good faith and mutual trust and in the best interest of Malawians and human rights for all.

The CFDGG statement, is also calling Government to publish the names of Malawi delegates to the United Nations General Assembly and the total expenditure of the trip.

“We want to know, who funded who? Because people can speculate that there are others who took their girlfriends but we want Government to be on top of things in terms of giving information to Malawians so that people should not speculate” added CFDGG Chairperson Gift Trapence

Among others, both the Forum and CSO statements wants Government to immediately address current political, human rights, democratic and economic governance problems and on poor service delivery in hospitals and education sector which includes shortage of drugs, exorbitant school fees as well as water and electricity problems in Blantyre and Lilongwe.

But Government has been indicating that it is carrying out reforms in the public service with promise to end some problems in service delivery and an end to economic problems facing the country which are a result of recent plunder of public resources dubbed Cashgate.

MW CSO’s Forms Forum To Promote Good Governance

Some Malawian Civil Society Organizations (CSOs) and Rights Activists have formed a group 'Citizens Forum for the Defence of Good Governance' that aim to create a broad based social movement to speak with common voice on issues affecting Malawians.

The Chairperson for the group Gift Trapence told Journalists Thursday morning in Lilongwe that the group is a movement of likeminded and patriotic CSOs, networks, Concerned Malawians, Academia and many others including those in diaspora.

He said the group will be tackling issues of good governance, transparency, and accountability, rule of law and constitutionalism, and respect of human rights.

He emphasized that Citizens Forum for the Defence of Good Governance will have a voice of Malawians and speak on behalf of Malawians. As well, he said the grassroots will be reached with the activities of the forum which will be objective but not politically driven. 

"This forum is for Malawians and not for CSOs only. We want likeminded CSOs, networks, Trade Unionists, Members of Parliament even Faith Based Organisations to be part of this forum" said Trapence

"This forum will go to the grassroots, they will be the members of this forum because we want to give Malawians platform to voice out issues." Said Trapence and emphasized that the group is people centered

"We will have regional and district structures across the country but we want likeminded people who can speak objectively" he said then added; "This association is not there to overthrow the government, but actually to support it"

Trapence observed that the current administration has already began showing signs of bad governance and therefore formation of the Forum is one effort to bring a common man in the debate to defend human rights and engage relevant actors to adhere to basic tenets of democracy and respect of human rights.

"The purpose of this forum is to create a social accountability movement which will stand up to safeguard democratic and good governance principles and observance and respect for all human rights as well as adherence to the rule of law." said Timothy Mtambo spokesperson of the Forum

"The Objectives of this forum are that; we would like to create a critical mass of members of the general public that will be able to claim their rights to hold leaders accountable and guard against tendencies that undermine democracy, good governance and rule of law.

The Forum will facilitate dialogue with different stakeholders including the Government on issues affecting Malawians. We will strengthen, collaboration and voice of Malawian citizens to able to seize their democratic space and hold their duty bearers accountable" said Mtambo

He added that the group will also strengthen CSOs collaboration for effective engagement with duty bearers on democratic and human rights issues.

He then made it clear that the group will dispel suspicious members or anyone whose actions are political and are not conforming to the group's objectives.

The group has also made a statement on what it call 'Crisis State of Public Service Delivery, Economic Governance, Transparency, Accountability, Rule of Law and Human Rights.'

The group says these problems continue to stagnate the progress of this country and further, eroding the public trust in the current administration.

The Group noted challenges that includes; Water and Electricity challenges in all main cities, Security lapse and poor working conditions of police officers, shortage of drugs in hospitals and poor health service delivery as well as delayed salaries among health workers and teachers.

The group has therefore demanded for the immediate effort to address these challenges and not making empty promises.

The newly formed forum has a motto "Promoting good governance, human rights and democracy in Malawi", "A better Malawi is possible, people power"

CSO’s Wants Mutharika Step Down For Poor Democratic, Economic Governance

Malawi’s Civil Society Organisations (CSO’s) have asked President Peter Mutharika to resign if he keeps failing citizens in democratic and economic governance.

Nine human rights activists and organizations have issued a media statement on Wednesday 14th of October 2015 which highlights the democratic and economic challenges the country is going through

Billy Mayaya, a Civil Rights Activist read from the statement claiming that Malawians are suffering due to “current administration’s lack of vision and failure to care for Malawians.”

He said the country’s economy is at brink of collapse and pointed out; water and electricity crisis, ills in the education and health sectors and a cloud of uncertainty over Farm Input Subsidy Program (Fisp) in the agriculture sector. He added that the incumbent president is failing to fairly prosecute corruption cases, stop unnecessary expenditure and that his nepotistic administration is a champion in bullying the media.

“The list could be endless” stated Mayaya while accusing President Mutharika of being arrogant and so defensive on matters that seek him to be transparent by mentioning his response to bloated entourage to the United Nations General Assembly as recent an example. 

“Malawians should not be treated as if they forced Mutharika into plot number one. It is the incumbent who asked for it, and he must deliver to their expectations or else quit if he has no clue to fix their problems.” Read Mayaya from the statement

When concluding reading the statement, Gift Trapence, Executive Director for Centre for Development of People (CEDEP) also repeated resignation calls saying the county’s economy is heading for the dead end due to government “costly man-made blunders”

“We have no doubt that, given a mature, patriotic and altruistic leadership; the country can easily smart from the current challenges. We, however, genuinely feel the President is honourable enough to consider stepping down if he keeps failing Malawians.”

Later, Timothy Mtambo, Executive Director for Centre For Human Rights and Rehabilitaton (CHRR) and Charles Kajoloweka executive director for Youth and Society both resonated to the resignation calls by stating that emotions by president Mutharika at recent media briefing where he was angrily banging tables when making defensive responses to media questions, is a clear sign of a failed president.

“It is dangerous for the country to be led by angry and frustrated president” warned Kajoloweka

Among others the statement has touched number of areas including; high cost of living as the presidency continue to be extravagant, dwindling service delivery and empty talks on Public Service Reform Program.

The statement also has asked President Mutharika to commit, as matter of urgency to eleven solutions that correspond with the problems highlighted in the statement.

Mtambo, has since urged government to utilize the solutions in the statement “We have offered the solutions in this statement because it has been said that we don’t offer solutions. The truth is that we have been providing solutions to government but they don’t take them. We have done before and we are doing it again.”

Others who attended the conference includes, Robert Mkwezalamba, Chairperson for Human Rights Consultative Committee (HRCC).

All human rights activists who held the press briefing apart from Robert Mkwezalamba have signed the statement including; Moses Mkandawire of Civil and Political Space Platform, Desmond Mhango of CEYCA, Bright Kampaundi of Forum for National Development (FND), McDonald Sembereka of Malawi Network of Religious Leaders Living and Affected with HIV/AIDS, Benedicto Kondowe of Human Rights Defenders Forum and Kiko Mapunda from Centre for Governance and Public Participation.

109 CSOs Demand Justice On Al-Bashir Arrest Foil In South Africa

Over one hundred Civil Society groups asks Courts of South Africa to establish accountability and the government to investigate circumstances that allowed Sudanese President Omar al-Bashir leave the country in defiance of Pretoria Court order of his arrest.

President al-Bashir wanted by International Criminal Court (ICC) was in South Africa from 13-15 June for an African Union Summit. 

The 71 year old Sudanese President flown home from South Africa in defiance of Court order that he stay to face arrest.

South African Government, party to the Rome Statute of the (ICC) was required to facilitate the arrest and surrender President al-Bashir to The Hague for charges of genocide, war crimes and crimes against humanity in connection with the conflict in Darfur.

Failure to arrest al-Bashir worries 109 civil society groups, from across the globe, working on international criminal justice and human rights.

They have expressed “deep disappointment” with the actions of South African officials in allowing Sudanese President, to depart the country in defiance of a court order and South Africa’s international legal obligations.

“We noted with deep concern reports that rather than arresting President al-Bashir, South African officials apparently allowed him to leave the country in direct defiance of the order by the Pretoria High Court.” Reads the Declaration dated 11th July 2015 signed by 109 CSO groups Read full Declaration

“The actions pose serious consequences for the independence of the judiciary in South Africa and demonstrate a flagrant lack of respect for the rule of law and the rights of Darfur’s victims to have access to justice.

Adds the letter; “South Africa’s domestication of the Rome Statute of the ICC makes the government’s failure to arrest President Omar al-Bashir a contravention of domestic law as well.” 

From Malawi, five CSOs have signed the Declaration including Centre for Human Rights and Rehabilitation (CHRR) and Centre for the Development of People (CEDEP)

Gift Trapence

“We are all saying that South Africa Government should comply to the international human rights standards. If they are party to international agreements they have to respect those agreements” said Gift Trapence Executive Director for CEDEP

“These international instruments that countries are party to, have no borders and human rights issues these are universal, there is no border in terms of application.” He said “This is why as civil society we are raising this issue at both local and global level.”

Trapence emphasized that this Declaration also sends message to all countries to comply to international human rights instruments.

“Whenever countries are party to international human rights instruments they need to comply” He said 

“The instruments of the laws that we have, should not be applied selectively. We have to make sure that even African governments are able to comply with those international human rights mechanisms and in this case it is Rome Statutes.” He added “And we are also urging even Malawi to be exemplary to comply and ratify human rights instruments that it hasn’t ratified.” 

Trapence also urged African governments to stop giving immunity to the sitting presidents who commits atrocities against its citizens and that African Union should also look at this problem.

Among others, the Declaration signed by 109 CSOs, call on the Assembly of States Parties of the ICC to take appropriate action to address non-compliance by South Africa and other States who breach their obligations of cooperation and assistance under the ICC Statute. 

It further demands all responsible to be brought to prompt justice, including for contempt of court. Read full Declaration

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).

South Africa Xenophobia: Malawians Issue 48 Hours for South African Govt to End Xenophobic Violence Or Face Boycott of Products and Businesses

March Begins at the National Assembly Premisses

The largest crowd has marched in Malawi on Tuesday morning from outside National Assembly building to Kang'ombe House in the city centre of the Capital, Lilongwe where the South African embassy is based to give petition which is calling South African Government to immediately halt the ongoing Xenophobic attacks against foreign African nationals.

 The demonstration organized by a group of human rights activists was joined by legislatures Honorable Bon Kalindo,  and other dignitaries including Mr Dalitso Kubalasa of MEJN, Martha Kwataine (MHEN), Hon. Rev. Malani Mtonga (PP), and The Presidential Advisor on NGOs Mavuto Bamusi, and others. 

Hon Bon Kalindo carrying Malawi Flag

Hundreds of Malawians took to the streets while dressed in black attires, some demonstrators were in T-shirts having face of President Jacob Zuma and others for Mandela while another man was seen putting on Ngoni costume.

Songs of expressing anger with South African government and calling President Jacob Zuma to end these attacks were chanted throughout the way to South African High Commission office.

Man put on Jacob Zuma T-Shirt

The protesters have presented the petition to South African High Commissioner to Malawi, Ambassador Cassandra Mbuyane Mokone who has since told those who gathered outside the embassy office that she was sending the petition immediately to Pretoria and thanked the demonstrators.

Cassandra Mbuyane Mokone receiving petition

The petition signed by Malawi Human Rights activists, Billy Mayaya, Gift Trapence, Robert Mkwezalamba, Lucky Mbewe and Timothy Mtambo on behalf of concerned citizens of Malawi is asking South African Government to address the worsening violence within 48 hours, else face boycott to all South African products, businesses including ban of South African airlines from operating or landing in Malawi airports.

Ambassador Cassandra Mbuyane Mokone listening attentively

The South African Government is urged to take a proactive action in protecting rights of all people living in South Africa, in line with provisions in their constitution and international legal obligations and address the cause of xenophobia.

Part of the crowd

The letter is further calling for thorough investigation of these ongoing violence and hold those responsible accountable so that they face justice. Similarly, the petition while accusing Zulu King Goodwill Zwelithini, Edward Zuma and Small Businesses Development Minister Lindiwe Zulu for their alleged remarks which are fueling the attacks against foreign African nationals it asks south African Human Rights Commission to investigate such xenophobia comments and take appropriate action.

However, the petition noted with disappointment that perpetrators of 2008 xenophobic violence were not held accountable for the killings of more than 60 people.

Though not addressed in the petition, human rights activist Timothy Mtambo says they want compensation to Malawi victims.

The ongoing violence in South Africa against foreign African nationals is premised on alleged  crowding of South African jobs by immigrants and lender the citizens jobless.

But the petition says "We call upon the Government of South Africa to urgently remove the structural inequalities that are rooted in apartheid and white privilege. We believe these are main causes of worsening economic inequality and marginalization. 

Timothy Mtambo

These inequalities were not instituted by migrants and will not automatically disappear if the migrant population decreases."

The petition adds "The most sustainable way to address the economic frustrations felt by many South Africans is to adopt policies that reduce the inequalities and create programmes that empower ordinary South Africans."

The petition also reminds South African Government of how other African countries including Zimbabwe, sacrificed their socio-economic and political resources in solidarity with South African liberation movements to bring to an end to evil apartheid. 

"In solidarity of these extreme sacrifices by African people, we expect the South African authorities and its citizens to reciprocate the solidarity through Ubuntu and shunning of Xenophobia."

Billy Mayaya posing with one of the demonstrators

Billy Mayaya one of the organizers for the demonstration said it is possible to boycott South African businesses and products if Malawians agrees to.

South African businesses including Game shop, Shoprite and Standard Bank have large customers in Malawi.