Some Govt Institutions On Illegal Industrial Strikes – MHRC

But Pushes for Amicable Solution

The Malawi Human Rights Commission, (MHRC), takes a neutral position in the ongoing industrial actions and strikes by employees of public sector organisations.

In a statement signed by its chairperson Ambassador Sophie Asimenye Kalinde has however noted that some strikes are outside of the context of any negotiations, and their legality is questionable.

The Commission notes with concern the grave consequences the continued industrial actions and strikes have on the delivery of public services, which in turn pose serious negative implications on the enjoyment of human rights.

“While noting that taking part in an industrial action or a strike is a human right and that under section 33(4) of the Constitution, the state is under an obligation to take measures to ensure the right to withdraw labour, and whilst appreciating the validity of some of the issues leading to the strikes, the Commission is emphasising that this right like all human rights must be exercised with due regard to attendant responsibilities, as well as, through actions that are within the parameters of the applicable laws and in compliance with set legal procedures.” Reads the statement

Kalinde: Government should 
at all times be forthcoming
 and proactive in addressing 

reasonable concerns of 
employees

“The Commission would like to remind all stakeholders that the right to fair labour practices including the right to withdraw labour, like most rights, can only be exercised within the set legal parameters and with due compliance with set procedures. This includes the need to exhaust all other means of negotiation and compliance with the 7 days’ notice period prior to the industrial action.”

The Commission therefore urged all public sector employees to exercise the right to fair labour practices, including ensuring that essential services are not disrupted.  It particularly said employees engaged in essential services provision such as the hospital sector "should at all costs" avoid industrial actions which may be tantamount to endangering life and the health of people.

“Equally, Government should at all times be forthcoming and proactive in addressing reasonable concerns of employees engaged in provision of essential services so as to pre-empt the need for strikes in this sector” urged the Commission

In its recommendations MHRC has among others called upon Government and employees on strike to address the differences that have led to the ongoing industrial actions or anticipated strikes as a matter of urgency and in good faith while making lawful and reasonable demands as conditions precedent for settlement of labour-related disputes.

The commission has asked Government to take prompt and deliberate measures to address the reasonable concerns of employees working in public essential service delivery, so as to ensure that the limitation of their right to withdraw labour does not result into negating the essence of the right to fair labour practices.  

The statement also, calls upon all concerned employees proceeding on industrial actions that are outside of the provisions of the law, to call off their strike and urged Employees to carefully consider other options for resolving labour disputes.

Public institutions that received little salary adjustment effective October 2014 compared to other public institutions among them workers from Judiciary, anti-Corruption Bureau (ACB) and University of Malawi workers are continuing with strikes against decision which government says it is salary harmonization process.

However MHRC on the salary says the process has been characterised with a number of shortcomings, including, different treatment of employees in the sector and lack of clear justification for such decision to concerned workers.

The commission adds that amidst developments of the adjustment of salaries with huge percentages for the State President and Vice President, Cabinet Ministers and Members of Parliament, increments made to other institution ranging from 5% to 10%, are translating into negligible salary increases considering prevailing cost of living and are viewed as a mockery.

Government Commends Media For Being Professional In the Year 2014…

Promises Better Environment in 2015

Nankhumwa: Media did the nation proud in 2014

Government says in 2014 media did the nation proud through courageous and professional reporting of numerous issues a spirit which must be continued so that people benefit in their day to day lives through such noble service.

In a special New Year message to the media from Minister of Information Tourism and Culture hon. Kondwani Nankhumwa said during this period the media “did the nation proud and were the envy of the world” when it reported courageously and professionally during Malawi’s first ever Tripartite General Elections in May 2014 and also when it courageously helped to expose Cashgate (the systematic syphoning of money from Capital Hill).

Mkwezalamba Says HRCC, Anti-NAC Gate CSOs Gave Him Go Ahead To Represent CSOs When BEAM Well Wishers Refunded K5m to NAC

Mkwezalamba Says HRCC, Anti-NAC Gate CSOs Gave Him Go Ahead To Represent CSOs When BEAM Well Wishers Refunded K5m to NAC

A human rights activists and Human Rights Consultative Committee (HRCC) executive director Robert Mkwezalamba says had a go ahead from his institution and from some of the Anti-NAC Gate CSOs to represent CSOs when concerned business person ‘well wishers of First Lady’s Beautify Malawi Trust (BAM) asked for his presence at an event of returning K5 million to NAC.

Five Anti-NAC Gate CSOs demanding refund of NAC money dubiously accessed by BEAM and Mulhakho Wa Alhomwe, recently disowned Mkwezalamba and Billy Mayaya as their preventatives at the event saying the two were present on their personal capacity as they are not part and parcel of the fight to see BEAM and Mulhakho to refund NAC money adding that even their presence at the event was not justifiable.

“We have learnt with great shock the recent acts of two activists Mr Billy Mayaya and Mr Robert Mkwezalamba who masqueraded as our representatives (ANTI-NACGATE CSOs representatives) at a BEAM/ DPP regime’s orchestrated “public display” of K5, 000,000.00 under the guise of “well-wishers”.  The two have never been, and are not part and parcel of this ANTI-NACGATE struggle being championed by CHRR, Cedep, MANERELA, MANET + and MHEN on behalf of aggrieved Malawians who are desperately waiting for the return of the money meant for HIV and AIDS activities.” Reads the communication from Makhumbo Munthali a Human Rights Advocacy and Resource Mobilisation Coordinator for Centre for Human Rights and Rehabilitation (CHRR)

The communication added “As such, we would like to categorically dissociate ourselves from any act indulged by the two earlier this week, and that whatever they did was not representative of us.” Said Munthali adding “It was out of their own personal interest, -or perhaps under the influence of a “hidden big hand” to manipulate public’s opinion or trap us.”

But speaking in an interview Mkwezalamba says he made consultation before attending the event and is surprised that CSOs have changed the tune but said if they find fault in his presence at the event then the best way to raise the matter would have been using proper procedure than attacking personalities.

 “Basically as HRCC is a network organization of over 90 civil society organizations on various rights of individuals including some of the organizations that are demanding BEAM and Mulhakho to return NAC money, so when we were informed by Mr. Chinsinga (Barnett Chinsinga leader of concerned business persons) who contacted my office and said they want to do something for BEAM, I consulted my office and said it was in order. Then I shared the information with some of the five CSOs that are advocating for BEAM to refund the money and this is CEDEP and MHEN through their executive directors Gift Trapence and Martha Kwataine (respectively) they all accepted and said this is good news and we are going to attend the function.” He explained

“On the day, they called me in the morning they said due to security reason for fear that DPP supporters would be present, they are not ready to attend the function but they gave me a go ahead to proceed to sit to preside over the function and I did on that behalf on that basis.”

But reacting to disowning remarks Mkwezalamba said “I think as a leader and as a mature civil society activists, human rights activist, I wouldn’t want us to start fighting over this.”

“The issue should be about BEAM. Has the money been paid back? Are they satisfied or not? Are they proceeding or not? Those should be the issues, but as to why I was there or whether it was right or not wrong for me to be there, as HRCC we have our own internal structures that they can raise those issues for now we came in as HRCC to assist in the process.”

               

He added that he would want to see BEAM and Anti-NAC Gate CSOs sitting around the table and settle differences if any to the interest of Malawians and but put aside disowning issues and attacking personalities.

According to the communication from Munthali says Mkwezalamba and Mayaya presence that the event was not justifiable and claim that “there is more than what can meet the eye, and it would be naïve of us to completely rule out the possibility of the two being part of the BEAM/DPP’s regime orchestrated network of cadres who are hell-bent at thwarting the public crusade aimed at coming to the bottom of NACGATE. Their actions are suspicious.”

Currently CSOs maintains that neither Mulhakho Wa Alhomwe nor BEAM trust has refunded the money, as such demonstrations to press for their refund of money remain intact on 13^th January 2015, in all cities and in some selected number of districts across the country.

LL Police Shot Dead 4 Armed Robbers, 1 At large

Police assure residence of maximum security

Armed robbers from Malawi and Mozambique have died after being shot by Police in Lilongwe on Monday evening. Two Malawians died on spot and the other two Mozambican nationals were arrested and later died at Kamuzu Central Hospital but one Mozambican national is on loose.

According to Lilongwe Police Station Public Relations Officer Sub Inspector Kingsley Dandaula the armed robbers exchanged gun-shots with police where two Malawian nationals died on spot and two Mozambican nationals were arrested but had shot wounds.

Dandaula said the police followed tip that some robbers camping somewhere at Biwi near Kalikuti hotel were in the day planning to carryout robbery in the capital city Lilongwe targeting filling stations, banks and some shops.

He said police had the suspects on surveillance and rounded them up at a newly constructed Lilongwe West By-pass road roundabout and Gateway Mall “When our officers identified the criminals they started to exchange gunshots and two Malawian criminals were killed on spot and the other two who are Mozambican nationals died at Kamuzu Central Hospital”

Dandaula mentioned that the deceased criminals were armed with an AK 47 with 18 rounds of live ammunition, an axe, valium drugs, but said the investigations are underway.

Sub Inspector Dandaula further said police identified one Mozambican criminal to be responsible in one of the murder that took place in Dedza and that the other Malawian suspect had criminal record of stealing vehicles.

Currently in Lilongwe cases of armed robbery are happening daily during the day and night.

But the Lilongwe Police PRO has assured Lilongwe City Residence of their security “We want to assure Lilongwe city residence that as police, we will work together with them in ensuring maximum security in the city. We know people have begun to say that there is security lapse in Lilongwe but we would like to assure them that we are doing all that we can to arrest these criminals but I would like to urge members of general public to share us information of any suspects.”

LL Police Shot Dead 1 And Arrest 2 Suspected Armed Robbers

LL Police Shot Dead 1 And Arrest 2 Suspected Armed Robbers

Police in Lilongwe over the weekend shot dead one suspect and arrested two armed robbers. The three were interrupted by police following a tip that some criminals were planning to carryout robbery between area 3 and 9.

According to Lilongwe police station public relations officers Sub Inspector Kingsley Dandaula Area 36 police followed the tip and found the three suspects at one place in area 36.

He said upon noticing the police presence one suspect began to run but police started a chase. He said after several warning shots fired in the air failed to stop the suspect they shot the suspect in the back and was pronounced dead upon arrival at Kamuzu Central Hospital.

“Police shot the suspect accidentally in trying to stop him” said Sub Inspector Dandaula

He said one of the two arrested suspects was found with two live ammunition and torch and the investigations also found that one suspect Lameck Chidina also known as ‘Gaba’ was released on Court bail at Limbe Darton Principle Resident Magistrate Court on 25^th April this year answering a case of being found in possession of breaking instrument without lawful excuse.

He added that these suspects were involved in several crimes that took place in Lilongwe of which some cases their friends are serving jail sentences.

“We have found out that these suspects have been attacking area 3 and area 9 in several occasions. In area 3 they attacked a certain business person and tried to abduct his wife who was rescued by our 990 police officers when rushed to the scene.” He said

“These suspects are very dangerous and we are still going on with our investigations” he said saying the investigations will involve finding out the other suspect who may have a gun which would have been used for two live ammunition found by the arrested suspects.

The two suspects have been identified as Lameck Chidina aged 29 from Nsomba village T/A Bibikulunda in Salima and Patrick Phiri Swale aged 36 from Mwakula village T/A Malengachanzi in Nkhotakota district.

Concerned Businesspersons Deposit NAC Money Through Chief Secretary

Asks Anti-NAC Gate CSOs to Cancel Demonstrations 

The concerned Business persons finally return K5 Million Kwacha to National Aids Commission (NAC) through Chief Secretary on 24^th December 2014. The returned money is a pay back on behalf of First Laday’s initiative Beautify Malawi Trust (BEAM) following demands from Civil Society Organizations asking BEAM and Mulhakho Wa Lhomwe to return the money which they accessed from NAC through dubious means.

Barnett Chinsinga the leader of 10 business persons that contributed the funds confirmed to FM 101 Power that the group handed over the money through Chief Secretary George Mkondiwa and were accompanied by rights activist Robert Mkwezalamba of Human Rights Consultative Committee (HRCC) who signed the document with Chief Secretary.

Receipt Document

He said business people hope that following this development the planned demonstrations by Anti-NAC Gate CSOs who are demanding the return of the money to be canceled adding that if they don’t then they are having a hidden agenda.

“Yes we did that,” confirmed Chinsinga  “as of now what we know is that Robert Mkwezalamba is the one responsible for that, we went together with him” but declined to comment why they failed to accompany with five CSOs that are demanding the return of the money.

But he said “What I can add on issue about people who are not wishing well for Malawi, they should stop what they have prepared. They have been murmuring all these days that they want to do their demonstrations because of the money we have returned. So our appeal is to stop their demonstrations, if they will continue that means it was another issue may be they were doing such a thing because of political issues.”

He added that there is nothing which can make CSOs continue for demonstrations and urged Malawians to avoid resorting demonstrations saying demonstrators often became wild to the extent of destroying businesses.

HRCC executive director Robert Mkwezalamba confirmed of his presence and signing of the document indicating that the money has reached government. He said what remain is BEAM to officially write NAC explaining reasons for returning the money as required by NAC.

“Yes I was there, actually there was a document which we developed together with Chief Secretary” a document which he said himself together with Chief Secretary signed and Mr. Chinsinga signed on behalf of business people as a witness.

“NAC falls under the Office of President and Cabinet” he justified deposit of the funds with Chief Secretary on behalf of government adding that NAC officials were on Christmas and New Year holiday when the business grouping wanted to refund the money.

“The idea is to have the money sent to NAC and by the time we had wanted to give the money NAC said they are on holiday till fifth of January. So if you are looking at the process where after the fifth of January we can go back and get the money and pay to NAC or using government system that the Chief Secretary is just going to transfer the funds in the normal system to NAC, but at the end of the day we only want to see the outcome whether the funds have gone to NAC or not and that can be confirmed after holiday” he said

Meanwhile Anti-NAC Gate CSOs led by five institutions CHRR, Cedep, MANERELA, MANET + and MHEN maintains that neither Mulhakho Wa Alhomwe nor BEAM trust has refunded the money, as such demonstrations to press for their refund of money remain intact on 13^th January 2015.

CSOs Disowns Mayaya, Mkwezalamba On Anti-NAC Gate Involvement Claims

CSOs Disowns Mayaya, Mkwezalamba On Anti-NAC Gate Involvement Claims

Five Civil Society Organisations (CSOs) under the banner ‘Anti-NAC Gate’ have openly distanced themselves from two activists Mr Billy Mayaya and Mr Robert Mkwezalamba claims that they are part of CSO pressure group demanding First Lady’s Beautify Malawi Trust (BEAM) and Lhomwe cultural grouping Mulhakho Wa Lhomwe to refund money dubiously accessed from National Aids Commission (NAC).

On Tuesday 22^nd December 2014 at press conference when concerned business persons lead by Burnet Chinsinga were trying to return BEAM’s K5 Million to NAC in order to appease Anti-NAC Gate CSOs to call off their planned January 13^th 2015 National Wide Demonstrations, Human rights activists Robert Mkwezalamba of Human Rights Consultative Committee (HRCC) and chairperson of the Right to Food Network, Billy Mayaya, availed themselves as CSO representatives.

According to communication from Anti- NAC Gate CSOs through Makhumbo Munthali a Human Rights Advocacy and Resource Mobilisation Coordinator for Centre for Human Rights and Rehabilitation (CHRR) apparently has rejected the two by saying Anti-NAC Gate CSOs had no representative at the event.

“We have learnt with great shock the recent acts of two activists Mr Billy Mayaya and Mr Robert Mkwezalamba who masqueraded as our representatives (ANTI-NACGATE CSOs representatives) at a BEAM/ DPP regime’s orchestrated “public display” of K5, 000,000.00 under the guise of “well-wishers”.  The two have never been, and are not part and parcel of this ANTI-NACGATE struggle being championed by CHRR, Cedep, MANERELA, MANET + and MHEN on behalf of aggrieved Malawians who are desperately waiting for the return of the money meant for HIV and AIDS activities.”

“As such, we would like to categorically dissociate ourselves from any act indulged by the two earlier this week, and that whatever they did was not representative of us.” Said Munthali adding “It was out of their own personal interest, -or perhaps under the influence of a “hidden big hand” to manipulate public’s opinion or trap us.”

According to the communication from Munthali says Mkwezalamba and Mayaya presence that the event was not justifiable and claim that “there is more than what can meet the eye, and it would be naïve of us to completely rule out the possibility of the two being part of the BEAM/DPP’s regime orchestrated network of cadres who are hell-bent at thwarting the public crusade aimed at coming to the bottom of NACGATE. Their actions are suspicious.”

Munthali said CSOs status quo remains that neither Mulhakho Wa Alhomwe nor BEAM trust has refunded the money, as such demonstrations to press for their refund of money remain intact, “we remain vigilant to fight to the very end till the money is returned back in the best interest of human rights for all and people living with HIV and AIDS.” 

He also said the date for the nationwide demonstrations over NACGATE and the prevailing political, economic, administrative and governance woes remains 13^th January 2015, and apart from the cities of Zomba, Blantyre, Lilongwe and Mzuzu, the demonstrations will also be staged in a selected number of districts across the country and that preparations are underway.