Judge Recusal Application by Kasambara Refused

The High Court in Lilongwe has refused an application to force Justice Michael Mtambo Recuse himself from presiding attempted and conspiracy to commit murder case of former budget director Paul Mphwiyo in 2013.

Application made by Raphael Kasambara, a lawyer and accused in the conspiracy to commit murder has been refused and ruling details to be made this Friday.

Mtambo said he has no reason to recuse himself placing confidence in his ability to remain impartial adding that he did not find reasonable grounds on which to base the perception by Kasambara that he will be bias.

Immediately the judge refused the application, Kasambara expressed interest to challenge the decision to the Supreme Court of Appeal.

This further brought an argument where the state had position that the matter is not at appoint that defense should appeal to Supreme Court as the decision was not final order while Kasambara argued that there are authority cases to prove that what the judge had pronounced was a final order.

Both state and defense have submitted their position and the ruling is expected this Friday.

Come Friday, Judge Michael Mtambo will make two rulling, on full detailed reasons for the court Dismissal of refusal of recusal and then on whether the judge ruling is an order which can be appealed against or not.

On Wednesday Michael Mtambo also dismissed stay application made by Kasambara as he takes the matter to the Supreme Court.

Kasambara wants judge Michael Mtambo to recuse himself from the case citing that the the ruling on case to answer, the judge had predetermined issues that should have been decided at the end of judgement of the case, a development which according to the accused fears that the judge may use the same during final judgement.

During last court session Kasambara further mentioned that there is apparent bias and that Judge Mtambo is too involved siding with prosecution.

Kasambara says Mtambo for introduced “extraneous judicial information” such as Cashgate and predetermining the guilt of the accused persons without evidence during his ruling on whether the accused had a case to answer. Kasambara also wondered where the judge got evidence that there was ‘Cashgate’ between the two when Mphwiyo, in his testimony, had denied any involvement in Cashgate and that his role as budget director did not put him directly responsible for making payments.

Kasambara answering conspiracy to commit murder is in the case together with two other persons McDonald Kumwembe and Pika Manondo are answering attempted murder charges and the case is in defense trials.

The state also made its submissions that there cannot be an appeal in this matter on the recusal because what the judge pronounced was not a final judgement. But Kasambara maintains no saying the state position that this is not a final judgement is wrong, there are authorities that he knows which say that his is final order.

MACRA, CAMA ASKS Consumers To Demand Rights

Malawians have been urged to demand their consumer rights and protest against any market abuses and social injustices.

Malawi Communications Regulatory Authority (MACRA) Director General Andrew Kumbatira made the call in Lilongwe Tuesday morning during the Media and Civil Society Organization Workshop on consumer protection. The call has also been echoed by consumer Association of Malawi (CAMA).

Andrew Kumbatira 

Kumbatira observed that it is disheartening that in the face of abuses at the hands of various operators in Malawi's growing communication sector, consumers remain unacceptably quite.

He said only few individual rights campaigners including Consumer Association of Malawi (CAMA) and few CSOs have been vocal in demanding consumer rights.

"Let me remind each one of you to be assertive. Some of the operators in our communications sector get away with market abuses as a result of our silence. If we collectively speak up we are going to force them to take a notice of the myriad challenges that we are experiencing" Kumbatira urged while emphasise full utilisation of all available channels that MACRA opened up across the country.

He said MACRA is serious in consumer protection issues as now it has among others embark on various initiatives to protect the consumer including the setting up a dedicated Consumer Unit, revising laws to incorporate consumer protection and enhancing monitoring of quality service.

He even assured the communications (ICT) consumer (one using telecommunication services offered by service providers licensed by MACRA for personal use like Access, Airtel, MTL and TNM) that dropping calls and network congestion will be a thing of the past since, MACRA was cleared by the Supreme Court last year to start implementing the Consolidated ICT Regulatory Management System (CIRMS) which among others can monitor quality of service in the sector including assessing the levels of network congestion and dropped calls.

Adding to Kumbatira's call, MACRA Deputy Director of Consumer Affairs, Miss Thokozani Chimbe said everyone has a role to play on demanding consumer rights.

Miss Chimbe said collective voice from consumer themselves demanding their rights from service providers carries more weight than leaving the task to few individuals and CSOs.

The workshop in Lilongwe seeks to build partnership of CSOs, Media and Macra on promoting basic rights of all consumers to demand those rights are respected and protected and to protest against any market abuses and social injustices which undermine those rights. And it is part of MACRAs consumer awareness campaign which was launched in March this year.

These calls comes amid observation that a lot of Malawians do not demand or protest for their rights and in most cases, they leave it in hands of few individuals and civil society to speak on their behalf.

But in reaction to consumer silence in the country, the Consumers Association of Malawi (CAMA) says time has come for Malawians to wake up and begin to demand for their rights whenever they feel that service providers have infringed their rights.

John Kapito

John Kapito CAMA Executive Director says consumer’s needs to utilize all available channels to complain on any infringements of rights.

He also encouraged CSO’s Media and everyone to raise awareness and education of the consumer rights saying this will enable service providers to enhance their service provision.

“I think the issue about demanding the rights is another process that requires a lot of awareness and education and we need to make sure that we are moving with the people in trying to do so. People find demanding rights as something that is useless or is a waste of time. But I think let us inculcate that spirit in people to make sure that when they go out there and their rights have been abused they must continuously demand for them. And once you begin demanding for these rights you find that service provision becomes very good as well.” said Kapito

He hoped that with consistence of messaging at different levels people will begin demanding their rights as consumers.

“Malawians have been on receiving end, but we are saying that can we please stop being on the receiving end, go out there and demand. Challenge the service providers, once you have done that you will find that services that we are talking now to be poor will be better and there will be some change on the market.”

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Low Budget To Affect Infrastructure Rehabilitation Projects

Broken bridge requiring rehabilitation 

Transport and Public Infrastructure programmes would face critical resource challenge this 2015/2016 financial year, there is a meargre allocation to the Ministry of Transport and Public Infrastructure.

Finance Minister Goodall Gondwe announced K901.6 billion budget but transport and public infrastructure ministry has only received K9 billion. 

Transport and Public Infrastructure Committee of Parliament which is scruitnisig the budget predicts great challange in the implementation of some promised critical infrastructure and rehabilitation projects like schools, roads and bridges damaged by this year's floods. 

In an interview the Chairperson for the Committee hon. Victor Mbewe says the committee wants the ministry to have budget allocation of K15 billion for it to fulfil its mandate.

Hon Victor Mbewe

Hon. Mbewe says he committee will push for an upward adjustment to the allocated vote.

Public infrastructure rehabilitation has been one of the government priority this year mainly focusing on the rebuilding of the most affected infrastructure following this years flood. 

“Ministry of transport needs a lot of money its got a lot of projects lined up and new projects as well including the recent floods which devastated our infrastructure which needs rehabilitation”. Said hon. Mbewe

In adequate funding will fail to rehabilitate
Damaged schools 

“Whatever they have allocated to them is not enough they have a lot of challenges and if not enough funds are allocated to them it means their operations will be crippled and we as a committee we would like to make sure that this ministry receive enough money”

Though he said the committee to some degree, understands the rationale behind such allocation which is obviously constraints in the budget, but emphasized that K9 billion is not enough for rehabilitation of stalled projects like Dowa Lumbazi Road Chezi, Nkhufi Msulira Nkhotakota road, Chileka airport rehabilitation, Kamuzu International Airport including other new projects particularly for the aftermonths of floods

“We will continue lobby the treasury to allocate more funds to this ministry to around K15 billion" he said  

He however mentioned that the committee is satisfied with the allocation to Other Recurent Transactions (ORT) for the ministry 

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