Government Not Shielding Anyone From Cashgate Prosecution - Tembenu

Government has quashed ‘cashgate suspects shielding’ assertions by some  Civil Society Organisation leaders.

On Wednesday last week, some of the renowned CSO leaders issued a press statement which claims that President Peter Mutharika’s administration is giving immunity to some public officers who were involved in plunder of public coffers dubbed cashgate. The letter also called for Mutharika resignation for poor democratic and economic governance.

“We have also seen a country fast receding into an old-age political and economic malaise: A country where pursuit of corrupt cases alias cash-gate is highly skewed towards offering immunity to those in power while coming the hardest on the weak.” Reads part of the statement by the CSO’s

They asked Government to do better on dealing with cash-gate, by among others, “commencing investigations on all those linked to the plunder of public resources from 2005 to 2012.  Politically motivated pursuit of cash-gate cases will not offer justice on the matter. We need a legal process on the public resource plunder that does not side with senior public servants and the administration’s cronies.”

Tembenu

However, responding to the claims on Tuesday, at an interface meeting between Ministers and CSO’s, Minister of Justice and Constitution Affairs, Samuel Tembenu described the statement “Devoid of substance”

“They haven’t come out clearly to indicate that government has given immunity to Mr. So, so so” said Tembenu

“On interest of Justice, we should make statement that is based on facts and evidence” urged the Justice Minister who further reminded CSO’s that public officers were arrested in connection to Cashgate where some have been already been convicted of the crime.

Also reacting to claims that government is failing to swiftly carryout an investigation and arrest culprits involved in plundering of the alleged K92 billion audit query for the period between 2005 to 2012 (now famously known K577 billion audit query), the Minister said Government in the mean time has no sufficient evidence that it can arrest individuals and companies involved in K92 billion scam because the audit query by Waterhouse Coopers is not a full audit report and contains no evidence against anybody.

However, Tembenu said once a full forensic audit is done just like was the case with Baker Tilly then government will have all the necessary evidence to begin arresting and prosecuting anybody linked to the theft.

“We cannot take someone to court without any sufficient evidence.” He said

Tembenu highlighted that at the moment Malawi Government is making headway in the prosecution of cases of Cashgate currently in court because there is a forensic Audit report by Baker Tilly which has all the evidence against suspects. He therefore said suspects are pleading guilty just because government is able to bring to court sufficient evidence against suspects.

CSOs Misleading On Reforms Legality-Govt

Government says Civil Society Organisations are misleading Malawians to claim that the reforms in the public sector are being done without legal backing and that therefore all reform recommendations made by Public Service Reform Commission must be implemented after approval by the National Assembly.

The Justice and Constitution Affairs Minister, Samuel Tembenu said the Constitution of Malawi particularly on the Public Service Act, vests in the presidency powers to run civil service and he is authorized to take measures that are befitting at that particular time and that laws allow him to institute reforms within civil service.

"It’s not true that these reforms are being done without any legal authority because the president has that power and in the event when there is need for legislation will certainly push that to parliament.” said Tembenu.

He said people should not be confused of the use of the term “Commission” because it means team that is doing the reforms “The mere use of the word Commission should not really alarm us to make us conclude that this is illegal because under the constitution the president is empowered to do that.”

“When these reforms have been proposed, they result into things; either out of that reform, recommendations they will have to add administrative action taken or legislative action taken. Where there is need for the legislation to be passed it will obviously be referred to parliament." he said

He continued “There is so much made in this paper about parliament supervising the reforms that are taking place in the government. That is not the role of parliament. Under the constitution, the parliament law is clear, that is to make laws. Nothing else. Under the constitution it is also given power to conduct oversight activities over certain acts which are activities taking place in government. Now we have to make difference between oversight and supervisory activities.”

“Parliament is not a supervisor of executive arm of government.” He added

In a letter released last week by CSOs, claims that the reforms by President Peter Mutharika administration are illegal and lacks wishes of Malawians.

“The DPP administration’s commitment to public reforms is equally questionable. The gains being made are only on paper and nothing substantive is being achieved on the ground. There is no mention, for instance, about how the Government will tackle the spectre of corruption including cashgate in these reforms. The mere fact that the establishment and functions of the Public Reform Program Commission by-passed Parliamentary approval calls the legality and legitimacy of the body itself into serious question. We, in the civil society, thus, find the program itself a mere window-dressing exercise aimed at gaining cheap political mileage.” reads the CSOs letter 

They recommended; “Government should ensure that the Public Service Reforms are periodically scrutinized by Parliament to improve the program delivery and ensure that reforms reflect the views and wishes of Malawians. Most importantly, the Public Service Reform should be depoliticized by supporting it with a necessary legal regime in order to ensure continuity. This will also allow our national Parliament to play its rightful oversight role to the reform."

Access To Information Act Ready To Parliament- Tembenu

Malawi Government has confirmed that the much anticipated legislation 'Acess to Information Act' will be tabled during this sitting of National Assembly.

Minister of Justice and Constitution Affairs, Samuel Tembenu told members of the press and Civil Society Organisation at Bingu International Conference Centre on Tuesday that the legislation is now ready.

Tembenu made the disclosure as he was responding to recent CSO statement which is calling for President Peter Mutharika resignation over failure to address democratic and economic governance problems rocking the country.

"We have so far finished processing the Acess to Information Act, it should have been discussed yesterday (Monday) but for other things we haven't been able to do that. But within the course of the week and next week we should be able to complete the processing of this Act" said Tembenu with an indication that the Act will be ready for parliament this sitting.

"The beauty with that Act is that it is on the basis that every public official has an obligation to disclose public information." Said the Minister

"I am myself looking forward to that Act being passed one of these days" He added saying he hopes that when that is done there will be a lot of information given to the public and that will minimize incidences of misinformation to the public.

Scotland Commends Pres Mutharika For Tackling Early Marriages, Human Trafficking

The Scottish Government has commended Malawi President Professor Peter Mutharika for number of efforts he is doing in making sure that the country tackles issues of early marriages and human trafficking.

The visiting Minister for Europe and International Development Humza Yousaf congratulated Mutharika and his government at Kamuzu Palace in Malawi’s Capital Lilongwe before holding bilateral talks in camera on areas of aide and trade and investment.

“We noted with great happiness, your own personal resolve to tackle some of the social issues in Malawi particularly on early child marriage. And we noted many of the success you had on this with the passing of the Marriage, Divorce, Family Relations Act and even the personal stance you have taken against Human Trafficking as well.” Said Yousaf

He said “So we applaud you and salute you in these efforts and we say that Scotland standby with you as a partner as strongly as we did 156 year ago”

In an interview the Scottish Minister underlined that social reforms pursued by President Mutharika are as important as economic reforms.

“That’s only through a just society only, if you reduce inequality can you have a prosperous economy. We believe that in Scotland and I believe that for Malawi. So, ending child marriages, taking important steps against human trafficking, these things are incredibly important.” He said

Yousaf, however, asked Malawi to further improve such reforms and address Gender Equality gaps.

“One of the biggest reforms not just for Malawi but for across the world is the gender equality gap. In Scotland we also suffer from gender inequality and we are trying to make steps to improve how to get women into the work force.

Women make up 52 % of population and make no sense to have 52% of the population not in the work force. So I think one of the biggest social reforms still for Malawi, for Scotland, for most countries is trying to reduce the gender equality gap and that is one of the Sustainable Development Goals. So, we will work with Malawi on that far” said the Scottish minister

The Scottish Minister further promised that his government will continue to be Malawi’s partner in such issues and that it is ready to provide assistance whenever it is needed.

Under president Peter government, the Malawi National Assembly passed two important legislations which protects girl child; Marriage, Divorce and Family Relations Act on 12 February, 2015, and Trafficking in Persons Act on 25th February 2015. Furthermore, President Mutharika on 26th February, 2015 he signed for the He for She campaign which promotes gender equality and call to end gender based violence.

Scotland To Support Malawi Marketing Investment Opportunities

Government of Scotland says will market investment opportunities that exist in Malawi to Scottish companies.

Minister for Europe and International Development Humza Yousaf was speaking at Kamuzu Palace in Malawi's Capital Lilongwe during his meeting with President Peter Mutharika.

Speaking before the meeting was held in camera, the Scottish Minister  said his visit seek to cement cordial relationship that exist between the two countries and also wants to discuss and explore how Scotland can continue with its aid and development activities to ensure that the poorest are benefiting more.

He also mentioned that one of his very important agenda in is to explore on trade and investment "I am here to give assurance that Scotland is very keen to take forward our relationship with Malawi not just on aid but also on trade."

"Am pleased that we have  a number of investors and entrepreneurs in Scotland who your Honorable Minister on his last visit he met and are still be keen to invest in Malawi" he said

Later, in an interview, the Scottish Minister further emphasized that he wants to explore how his country can assist with Trade and Investment, get Scottish companies to come to Malawi to invest and help local entrepreneurship and create local jobs and local wealth.

"I think what needs to be done is to talking to companies in Scotland and in UK to tell them very clearly what the opportunities are, and what the investment return will be as well." Said Yuousaf, "So I would encourage president of Malawi and Malawi Government to come to Scotland to come to UK, talk to companies and tell them opportunities that exists." He said

He indicated companies in Scotland will be interested to invest in number of areas especially in in Agro-business and in renewable energy.

Among others Yousaf said his visit will include knowing from Malawi how relationship between two countries has improved lives of people as well see if Scotland can work across in more specific sectors including work with NGO's and take advice from people of Malawi on what should be the development priorities.

Speaking earlier, President Peter Mutharika said, he was grateful to receive the Scottish Minister in Malawi as the visit symbolizes commitment and goodwill of Scottish government to strengthen long standing bilateral relationship.

He said Scotland remains a major development partner to Malawi in areas of ending poverty and achieving sustainable development. He said under their cooperate agreement, Malawi continues to benefit immensely in areas such as Agriculture and Food Security, Trade and Investment, Infrastructure, Health, Gender and Education.

He also thanked the Scottish government for timely assistance to Malawi with £150,000 (Twenty Thousand British Pounds) during floods that devastated Malawi this year. He said the money has gone along way.

President Mutharika also briefed the Minister and appealed for Scottish Government support in number of efforts that Malawi is undertaking including in improving access to education, promoting skill development and entrepreneurship as well as job creation through technical colleges.

He added that Malawi is also pursuing number of activities that promote trade and create conducive environment for investors.

Malawi and Scotland share along history which dates back to 19th Century when the first missionaries came to Malawi to spread Christianity. The coming of the Scottish Minister also marks 156 years since Dr. David Livingstone came to Malawi and 10 years since the two countries signed Cooperation Agreement in November 2005.

Prioritisation Critical In SDG's Implementation- UN Tips Malawi

Mia Seppo

The United Nation (UN) office in Malawi says prioritization of short term goals in the implementation of the Sustainable Development Goals (SDG’s) is vital for the country amid resource scarcity. 

Following the adoption of the SDG’s by the UN General Assembly in September this year, Malawi is expected to start a National Planning Process of implementation of the SDG’s.

Speaking in an interview, the UN Resident Coordinator, Mia Seppo said “There is need to prioritise short term goals because there are limited resources and there are so many priorities in Malawi.”

“What Malawi needs to do in its National Planning Process is to prioritise. To think through the short terms; what are the most important goal’s and medium and long terms, what is the level of ambition.” She suggested

Seppo also hints that since SDG’s includes unfinished business of Millennium Development Goals (MDG’s), therefore, four unaccomplished goals in the MDG’s are obviously very good short term starting points for Malawi.

“So to really have an impact there has to be prioritization because otherwise you are going to continue to have what you have in some areas which is a very high level of fragmentation with a lot of small, small, small interventions that doesn’t really add-up and linkup to something that could have a greater impact.” said Seppo 

Alice Harding Shackelford (left)

Commenting on the same, Alice Harding Shackelford, a UN Women Country Representative agreed with Mia Seppo. Shackelford said Malawi needs to take advantage of current Malawi Growth Development Strategy 2 review and the process of the National Development Strategy as a very strategic platform to take course of prioritization.

“The Development Cooperation Strategy which was adopted more than a year ago really brings also an effort around development partners to work in a more coordinated manner which is also very important and all other ongoing processes are going to help also moving to the prioritization process” she added

CSOs Wants Reform Scrutiny By Parliament

Timothy Mtambo

Civil Society Organisations says proposed solutions by the Public Service Reform Commission must first be approved by National Assembly before implementation.

Timothy Mtambo Executive Director for Centre for Human Rights and Rehabilitation (CHRR), said reforms being pursued by President Peter Mutharika administration are not inspiring because they are not aligned with the national vision. 

He therefore urged Government to ensure that all proposed reforms are periodically scrutinised by the National Assembly to improve the program delivery and ensure that reforms reflect the views and wishes of Malawians.

While appealing for depoliticisation of the Public Service Reforms by supporting it with necessary legal regime in order to ensure scrutiny, he said National Assembly is right institution that must be allowed to play its rightful oversight function to the reforms.

“I can assure Malawians that those reforms are not supposed to be implemented without an authorization of parliament. We are represented by parliament so, any kind of reforms should be scrutinized by the parliament, who are the representatives of the people of this country.” Suggested Mtambo 

Mtambo has said at the moment “the reform program is just a program which is empty and has no legal basis”. He also warned that by letting everything been done by few individuals to head the reforms then the country might end up with “deforms” instead of “reforms”

“These reforms are being taken as a law itself. There are changes in the name of reforms; cancelation of JCE exams, the hiking of school fees in secondary schools and colleges. People just woke up in the morning in the name of reforms and change things.” He observed 

Mtambo also underlined that the program would have done better to Malawians if the reforms had began first in the presidency office and then trickle down to juniors. 

“We have always said that the reforms were supposed to start from the presidency” he said “The head is not reformed, we have a lot of power in the office of the president and that is why corruption continues in this country. So how do you expect the juniors to transform?”

However, speaking in an interview, Chairperson for Parliamentary Committee on Government Assurances, Honorable Harry Mkandawire said their committee has already been requested by Vice President Office to work together with the Public Service Reform Commission in question.

“The Good part is that the office of the Vice President has requested my committee to work with the Public Reforms Commission. Now the area you are talking about, we are yet to agree.” Confirmed Mkandawire

When asked when did his committee received such a request, Mkandawire replied “We were asked long time ago during the last meeting of parliament”

But since the committee’s relationship with the Commission has just started and they are yet to agree as to the terms of reference of how they are going to work together, he therefore admitted that his committee was not part of reforms being implemented at the moment. 

Mkandawire has also asked the CSO’s to meet his Committee to discuss on how the committee should work with the Commission.

“This is what CSO’s would want to see, I therefore urge the CSO’s to come to us, to let us know what our relationship with the Reform Commission should be. And if they have an idea, they can sell it to us so that in turn we would be saying; look, people out there they want this, because CSOs are also the representatives of the people”

Mkandawire has since congratulated the office of the Vice President for seeing it fit that their committee should be a bridge between the commission and parliament.

In 2014, Malawi Government under leadership of President Peter Mutharika instituted Public Service Reform Commission being chaired by his Vice President Saulos Chilima.

The commission was instituted to facilitate the creation of an effective and efficient Public Service that will spur economic growth through the nurturing of a market economy that is foreign direct investor friendly as well as one that will facilitate long term investments in the health, education and other social programmes. Since, the commission has made several recommendations which president has approved and have been implemented.

However, on Wednesday, CSO's claimed that the success of the reforms are just on paper and called for resignation of Mutharika over poor democratic and economic governance