New Amendment Oblige Banks To Send Credit Information To Credit Reference Bureau

The National Assembly has passes an amendment bill that oblige by the law, all Persons lending and financial institutions like banks and to provide to the Credit Reference Bureau with repayment history and current debt profiles of Persons and Companies.

On Tuesday evening the House passed Credit Reference Bureau Amendment bill with overwhelming support from main opposition parties of Malawi Congress Party (MCP) and People’s Party (PP).  

Credit Reference Bureau is a company that allows users to exchange information on their clients repayment history and current debt profiles which compiles a data base that collects, stores, consolidates and process information related to credit history of a person.

However, the Bureau has been failing to get credit information of individuals and companies information from banks. This has been making it difficult for the Bureau to disseminate such credit information among users for their businesses.

Minister of Finance, Goodall Gondwe when presenting the bill in the House, said when the bill was passed in 2010 “We forgot to obligate banks” to send information to the bureau of the profile of individuals and companies on their credit history and profile.

According to the Credit Reference Bureau Act of 2010, (Part II- Operations of the bureau [13 (3 A)] the Bureau may collect credit information from financial institutions and any other institution as may be prescribed by the Minister upon recommendations by the Registrar and consult public sources of information for data in official records.

“In order to obligate them (financial and credit institutions) we have to say that it is mandatory by law for them to send that information” said Gondwe 

The Act provides that the Bureau stores the credit data for a period of 7 years.

National Assembly Authorise US $60 Million Loan On Transport, Trade Facilitation

National Assembly passes a Loan Authorization bill worth US $60 million which is expected to lead to vast improvement on Malawi economies of trade and transportation.

Among terms of the World Bank loan is 10 year grace period within 40 years that will take Malawi to repay the loan. There is 0.075% of interest for the money used but with service charge of 0.5 for unused money.

The National Assembly passed the bill 'International Development Association (Southern Africa Trade and Transport Facilitation Programme Phase 2) Loan Authorisation'. 

No amendment were made but Malawi Congress party through its spokesperson on Finance matters in the House, Alexander Kusamba Dzonzi urged government to also consider improvement of water transport.

Goodall Gondwe Minister of Finance when bringing the Bill in the House, said the bill will support the infrastructure improvement of the three corridors of Beila, Nacara and Dar es Salam.

He said the project will take four years because of number of stages that are to be done that will imply more activities including train young people on issues of the clearance of commodities and various other trades that are involved in the transit goods.

On Mozambican routes Gondwe said, a rail way project is about to complete on the Nacara route and that at Beila, Mozambicans are improving the port. Thereofore he said Malawi is looking for the possibility of improving the railway from Beila to Blantyre and also improve the Chilomo bridge.

While on the side of Tanzania, the Finance Minister said the route to Dar es Salaam road are in bad state including Chiweta road. He therefore said through the loan, there are number of things that will be done to make Dar es Salaam a first class route and to make it cheep on trade route.

“But aside from that there are other services that are going to be improved. Things like transit traffic from Dar es Salaam to the South. On Songwe boarder for example you have one side which is the Tanzanian side and the other one is for Malawi. And a Transporter has to declare his goods twice.

So, this loan helps us put facilities in such a way that we are going to have one window in Songwe as well as in Mwanza, Dedza and so forth.” He said 

He added “Also in the process we are going to improve the health facilities of the people involved around there”

The project worth US $60 million loan which is close to K30 billion will take four years because of number of stages to be done that will imply to more activities including train young people on issues of the clearance of commodities and various other trades that are involve in the transit goods.

Again National Assembly Fail To Hear From Information Minister On Late Msiska’s Child Arrest

The legislatures in the National Assembly continues to mount pressure to hear from the Minister of Information regarding the arrests of the Child of former legislature late Tasoka Msiska.

The child is reportedly in police custody for allegedly fueling fracas that took place at dad’s burial in Rumphi last week. 

There, Minister of Information, Jappie Mhango was barred and chased away by an angry mob from attending the funeral ceremony. The rivalry follows Mhango’s win during the 2014 elections as independent candidate to oust late Msiska as parliamentarian for the constituency.

As the House resume sitting just after healthy tea break on Tuesday, Honorable Kamlepo Kalua reminded the Deputy Speaker of the impending matter that require the Minister of Information, Jappie Mhango to explanation to the House regarding the arrests of child of former legislature, late Tasoka Msiska. 

“The Minister should inform this House about the condition of these children who are still in custody” demands Kalua

However, Deputy Speaker of the National Assembly, Esther Mcheka Chilenje reminded the legislature that the ruling on the matter was already made day before by the Speaker regarding the appropriate standing orders that must be used to bring such urgent matters in the House.

Chilenje asked the member follow standing order 14 which addresses how to bring into the House urgent matters.

On matters of Urgent Public Importance Standing Orders 14 states that “Any member may, after Question time, rise in his or her place and seek leave to move the adjournment of the Assembly for the purpose of discussing a definite matter of urgent Public importance.

And continues that “A member who wishes to seek leave to the move the adjournment of the Assembly shall, at least one hour before the end of question time, submit to the Speaker a written notification of the matter he or she wishes to discuss.”

But the clause indicates that the Speaker may allow any request if satisfied that the matter; is definite, urgent and of public importance and may properly be raised on motion for adjournment of the assembly.

Then the house continued with questions to ministers for oral replies and the matter was never brought back even when the house resumed sitting in the afternoon.

Malawi To Continue With Rome Statutes Implementation

Tembenu

Malawi Government says Malawi is making positive steps in domesticating the Rome Statutes of the International Criminal Court (ICC).

“We are implementing the Statutes by incorporating some of the provisions in our laws and that’s implementation. We will continue to do that until such a time that we know that look, we have done most of what we wanted to do.” said Samuel Tembenu Minister of Justice and Constitutional Affairs,

Tembenu was responding amid concerns from Malawi Law Society and Centre for Human Rights and Rehabilitation (CHRR) that although Malawi ratified and signed the Rome Statutes of the ICC in 1999, little implementation has been made to domesticate some provisions.

Secretary General for Malawi Law Society Khumbo Bonzoe Soko said in an interview that due to delays in domestication, Malawi has no Procedural Law that helps local courts to execute prosecution or make arrests of those that are wanted by the ICC.

On procedural laws Tembenu said “That’s not true, because it is not just a procedure it’s just an obligation where every member is obligated to do what they have undertaken to do.”

Asked about readiness of the country to arrest anyone wanted by ICC he said “That’s a thing that will happen at a right time”

Late Msiskas Child Arrest Cause Uproar In National Assembly

Commotion erupted on Monday evening in the National Assembly leading to early adjournment for Tuesday morning over reports of arrests of a child of former Member of Parliament for Rumphi North, late Tasoka Msiska.

The child is reportedly in police custody for allegedly fueling fracas that took place at dad’s burial in Rumphi last week. 

There, Minister of Information, Jappie Mhango was barred and chased away by an angry mob from attending the funeral ceremony. The rivalry follows Mhango’s win during the 2014 elections as independent candidate to oust late Msiska as parliamentarian for the constituency.

In the National Assembly, the pandemonium began immediately the house passed the Estate Duty Amendment Bill which has an element of giving good compensation to the bereaved family.

Richard Chimwendo Banda

Member of Parliament for Dowa East, Richard Chimwendo Banda rising on point of order sought clarification from the Minister of Information Jappie Mhango why he has used his authority to arrest child of late Msiska.

“We are saddened that one of the children of late Msiska has been arrested and Police are looking for the remaining children who are at large. Why are you doing this to these orphans? They have just lost their father and they need to be protected and respected as the country mourns with them.

So, in the very same spirit that government has demonstrated here in the bill we have just passed, that Children from bereaved family must benefit more from property of their parents, we are also demanding the release of the child of late Msiska” said Chimwendo who stood as Chairperson for parliamentary committee on Social and Community Affairs

He added that the arrest was political and that the Information Minister must have information relating to the arrest since him was chased at the funeral of the late father of the child.

However, the Speaker of the National Assembly, Richard Msowoya did not sustain Chaimwendo’s point of order by ruling him of out of order because the question was put to a wrong minister.

“Please use appropriate standing orders” said the speaker before ruling the member out of order. 

Msowoya said Chimwendo was out of order because Minister of Information is not a better person to clarify the matter because he is not the Minister of Home Affairs and does not make arrests.

After Speaker’s ruling, Rumphi East Parliamentarian, Kamlepo Kalua rose, insisting that the matter be discussed at length because it is of national importance. It took the speaker to put off the mic of Kalua to make him stop continuing with the matter.

Lilongwe Msodzi South parliamentarian, Vitus Dzoole Mwale also stood on the same and echoed Kalua’s point that the matter was of National Importance and need the house to discuss and hear from the Minister of Information on the matter.

The chaos prompted the Government Chief Whip, Henry Mussa to seek for an early adjournment to let the members have an ample time to read reports and bills to be discussed on Tuesday.

However, when the Speaker put the question as moved by the Government Whip, the opposition successfully blocked the proposal and continued with demands for the continuation of the matter.

Speaker then announced an early adjournment of the house for Tuesday morning after Government Chief Whip told the Speaker that there was no business to discuss at that time. 

When approached to get his views as he walked out of the parliament Chamber Jappie Mhango only said “I can’t comment anything. Go and talk to the one who brought the issue here”

In an interview, with Chimwendo said he was reliably informed by the uncle of late Msiska’s children that a child of late Msiska is in custody and that Police are hunting for other children.

He also said he is going to make a formal request to the Speaker on the same matter immediately the house resume sitting on Tuesday morning.

Late Msiska contested the 2014 tripartite elections as candidate for Malawi Congress Party after winning primary elections against Jappie Mhango. However, Mhango went on to contest for the General Elections as an independent candidate and won elections.

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Law Society Asks Govt To Domesticate Rome Statutes Of ICC In Full

Bonzoe Soko

Malawi Law Society (MLS) says the country needs to domesticate the Rome Statutes of the International Criminal Court (ICC) in full for the country to be able to arrest and prosecute through local justice system those wanted by the Court for committing atrocities.

The country signed and ratified Rome Statutes of the ICC, however, not all offences that are created under the Rome Statutes have been provided for in the penal code.

Secretary for MLS, Khumbo Bonzoe Soko said at the moment Malawi courts are not competent to execute warrant of arrest and prosecute those wanted by ICC.

Bonzoe Soko said the executive is delaying to domesticate in full provisions of Rome Statutes of the ICC.

He said due to delays, local courts lacks Procedural Law that guides how to execute ICC warrant of arrests as well as process and prosecute cases of international crimes.

“We need the procedural law that can complement efforts of ICC.” Said Bonzoe Soko

“The ICC requires us as signatory to the Statute to make sure that we have that procedural code so that at least when we apprehend those persons we are able to process them through our system. That is why it is very essential that we actually take steps to domesticate the Rome Statutes so that we give the force of the law in Malawi.” Said Soko

“If there was any person in our country who for instance is suspected or accused of having committed genocide elsewhere, our courts will be very much competent to order the arrest and try that person.” He said

Soko also said the ideals for justice and end to impunity for which ICC stands for are ideals that the country shares. He said some of the offences that ICC has jurisdiction over are offences that Malawi already made provision for in its laws and he therefore emphasized that partial domestication of the Rome Statues will continue to frustrate the ICC mandate.

Malawi signed and ratified the Rome Statute of the International Criminal Court (ICC) on 3rd March 1999 and 19th September 2002 respectively. However, Malawi is yet to come up with a domestic legal framework to support the Rome Statute of ICC through domestication of the same in order to enable domestic courts to be able to prosecute serious crimes of international concern as enshrined in the ICC’s statute.

Health Minister Says No Homosexuality Ties In Global Fund Grant

Some Legislatures suspects Malawi Government accepted Homosexuality as condition to obtain Global Fund grant money signed a month ago in Lilongwe.

Parliamentarian from Lilongwe Msodzi South Vitus Dzoole Mwale was a first member to ask the Minister of Health to provide clarification on the matter.

Minister of Health, Peter Kumpalume downplayed the suspicions saying there is no single condition relating to homosexuality in the Global Fund Grant money.

The parliamentarians raised concerns during the continuation of the debate on the State of the National Address delivered by President Peter Mutharika on Friday 6th November.

“Global Fund does not place on us any obligation to accept homosexuality at all in giving us money to combat HIV/AIDS in Malawi." Clarifies Kumpalume

"The Ministry of Health is in the job of helping people at the point of need. We do not ask how people got their HIV from, we simply treat them.” he said

He then explained that “We as a country when we ask for money for the particular programme we tell them exactly what we want to use that money for but nothing to do with legalizing homosexuality. Global Fund does not ask for that it just give the money for the purpose we ask for.”

Global Fund assistance is used for the fight of Malaria, HIV and Tuberculosis (TB). 

In October, Global Fund gave Malawi US$378 million towards the fight of HIV, Tuberculosis and Malaria.

US$346 million is for HIV and TB while US$32 million is for the fight against malaria. 

President Peter Mutharika signedd Partnership and Acknowledgement of Grants Agreement with the Executive Director of the Global Fund, Mark Dybul, at Kamuzu Palace in Lilongwe.

The US$ 378 million support is the largest allocation that the Global Fund has made anywhere in the world and President Peter Mutharika said the support will save millions of lives of people.