National Assembly Resolution Stoping Secondary, University Fees Hike Ends In Legal Dilema

The National Assembly on Thursday moved a motion stopping the new fees regime in Secondary Schools and Universities.

However, it remains uncertain if the decision is likely to take effect due to legality of the action and its acceptance by the Government Executive.

Salima Central legislature, Felix Jumbe made proposal that the House resolves postponement of recently announced fees hike in Secondary schools and Universities since the majority in rural areas cannot afford them due to current economic problems. 

"Considering that the majority, especially those in the rural areas are facing economic hardships responding to the poor macro-economic situation, the House resolves that school fees hike for both Secondary and Universities be postponed until Government endeavors to improve the income per capita of the people”  said Jumbe when moving the motion.

Several members who contributed on the floor from opposition side including Jessie Kabwila said the hiking of fees is likely to undermine girls education. She said it was wrong to introduce such fees in the year people are facing hunger. She therefore maintained that this will encourage prostitution among girls from poor families and early pregnancies, increase in school dropouts.

Kabwila further said this fruastrates government efforts of promoting girl child education and empowerment because most of the rural households cannot afford current exorbitant of fees.

Machinga East legislature Esther Jolobala described the hiking of fees at this time as “most horrible Christmas package” and that government was blind when making the decision.

Jolobala "blind government" remarks were withdrawn when the Speaker considered them as unparliamentary even if she used them figuratively. Her remarks also stunned government bench where the independent legislature is seats. However, in her introductory remarks had indicated that she was going to speak what is good for Malawians and not because of which side in the House she belongs to.

Later the house made a resolution that there be postponement of the hiking of fees but with much opposition by Government bench.

In an interview, Salima Central legislature, Felix Jumbe said the decision means Government will have to postpone the hiking of fees at this time being a year the country is facing numerous problems.

“We are not saying that the Government should not increase but for this year they need to postpone until the economic situation of the people has improved." He said 

"Poverty is ruling this country, there is dire poverty which is visible everywhere you go. Majority of household have no means to make money, it is difficult even to get K5 thousand. People are struggling even to get maize from ADMARC depots.

In my constituency for example at Mtonga Market, I found a queue of people with small plates in their hands waiting to buy maize and this maize they are waiting to buy is only a 2kg. and these are people buying 2kg they are six in their family but they don’t have money. And now can we say pay school fees? That would be like we are bringing second colonialism to these people and this colonialism by fellow African. And that is why we are saying please postpone the hike of school fees.” Said Jumbe

However, this is different from how Government views the decision. 

Leader of House, Francis Kasaila maintains the debate was unlawful as the House in its resolution has decided to override laws that are outside it mandate.


He said to say that the House has postponed the fees regime will "depends" on ones interpretations on that. "The question are that, does the House have mandate to decide how much for example the Catholic University supposed to be charging? Do they have their own mandate which guides that? Similarly we have a lot of private schools in the country, Kamuzu Academy for example. Can the Assembly decide how much Kamuzu Academy should be charging? These are questions that have to be answered.

Probably lawyers will do their work to   and decide whether this is enforceable or not” said Kasaila

Although Kasaila said the resolution will be considered by the President and its cabinet after thorough consultation but said could not determine what would be a likely decision.


He even questioned legality of brining the motion in the House

“All the standing orders were violated. It is very clear that a motion according to standing orders, was supposed to be debated by the Business Committee first before it is presented in the House. That was not done.

I don’t believe the speaker has powers to vary any of our standing orders own his own. That was supposed to be done in the Chamber. A motion should have been put to say we want to vary this because it did not meet this requirement that was not done but they decided to proceed. 

What was done was all irregular” Said Kasaila

“Unfortunately we know, because of politics people want to be seen that they stand for the poor " He added

This matter faced rejection by Government MP’s and several attempts to bar the motion already appearing on the Order Paper from being discussed were made by the Leader of House, Francis Kasaila who insisted that the matter was brought illegally and was never authorized by the Business Committee of the House.

To the contrary, the matter was well received by two major opposition parties in the House PP and MCP who insisted to debate although it was brought with immediate notice since it was a matter of urgency.

Ealier to end the matter, Second Deputy Speaker Clement Chiwaya resolved that Business Committee of the House should meet and suspended proceedings.

Back from the emergency meeting, Kasaila insisted before Speaker Richard Msowoya that Government was against the debate on the motion citing that apart from irregularities over how the issue was brought, the Houses was also not mandated to decide on school fees for private institutions as the motion did not specific that the matter was for only Public schools.

Although the speaker to ruled that the matter be discussed but Justice and Constitution Affairs Minister Samuel Tembenu did indicate and insisted that the matter was outside constitutional mandate of the House to debate on the issue which was clear that the authority to decide on school fees vests in the bodies of the schools as stipulated in the Act and regulations that govern the Schools.

Malata, Cement Subsidy Programme To Reach 15,000 Houses By April

Atupele Muluzi

Government expects to reach a record of Fifteen Thousand , Four Hundred and Forty houses by April next year through the decent and affordable housing programme.

Atupele Muluzi, Minister of Lands and Housing said during his ministerial statement in the National Assembly on the Decent and Affordable Housing: Cement and Malata Subsidy Programe that 6900 houses are at different levels of construction across the country 

“And as am speaking the number is growing up each and every day” he added

Speaking about some details of the programme, Muluzi said Government is in the process of capturing data to enable proper identification of the location of each beneficiary and that the data base will be ready by this month.

Hon. Atupele indicated that as the first phase of the project is near completion by the month of April in 2015 the Minister said he anticipate the number to reach 15, 440 houses.

Muluzi greeting beneficiary before interview 

His statement was brought in the update legislatures on what has been achieved, explain to Malawians what the programme seeks to do so as to end some understanding that people have pertaining the programme as well as dispel some misleading statements. 

Muluzi also pledge to present additional data to the house of all houses to be constructed under the programme in order to comply to achieve transparency and accountability.

Muluzi who brought beneficiary families to the Parliament from M’bwatalika in Lilongwe, said the Programe is also changing people’s lives.

However the statement was welcomed with mixed views especially from the opposition parties. Among them was Salima West Legislature, Jessie Kabwila, who expressed dissatisfaction with the information from the minister for lacking transparency and accountability on the names of the contractors working in the supply of the materials for the programme.

“The minister instead of him telling us the status of subsidy transparently, expose who are the people getting the contracts there who is trading. Because we all know there is set of people, we hear names like the Mulli’s and whoever is there.” He said 

He said the programme is not benefiting all Malawians and bringing to parliament five families was cheep politics.

“People are suffering in this country. Instead of coming when you know that this programme is being used to politicize this country and siphon government money to be used for the political party purposes, you come here and said I have brought five people the programme is working, No!”

“We are saying tell us how many people have benefited, and tell us who is trading? Because we want is that there should be equity.”

He said the programme is happening in her constituency but people in her area says would rather have had a much more constituency wide response to housing.

He also said the figures of the subsidy beneficiaries they don’t agree with calculations that they should have reached this far.

“So we would like to know what is happening to part of the money you already received. So it’s an issue of fiscal discipline. Remember we are in the country that is where it is especially because of Cahsgate 

What we want to make sure is that we don’t have this cashgate going on and then we wake up five years from today.” She said

Chiyembekeza Fails To Account For Questionable Sale Of Tractors, Maize Sheller’s

• Tractors meant for farm mechanisation by smallholder farmers were sold to former Vice President, present and former cabinet ministers, PS, Legislatures including Speaker and some companies

• Agriculture Minister failed to disclose amount realised, price for each tractor and Maize Shellers and how the realised funds were used

• Parliamentarians demands names of owners of companies that bought some tractors and views the sale as political

Kamulepo

Some opposition legislature’s have demanded total accountability and reasons that led to the sale of part of 177 Tractors and 144 Maize Shellers meant for farm mechanisation by smallholder farmers.

Members of Parliament (MP’s) also wants to know actual amount realised and how the proceeds from the sale of tractors and maize shellers were used including value of each machinery during the sale versus cost of buying of each item by Government some years ago.

However, of Minister Agriculture, Irrigation and Water Development responsible to answer all those questions was so furious at the inquisitive legislatures and only gave what he said was what the House needed to know about the matter.

The matter was brought in the House following the question from Honourable Member for Rumphi East, Kamulepo Kalua to Allan Chiyembekeza, Minister of Agriculture on the Status and whereabouts of the Tractors and Maize Shellers which the country acquired sometime back from India. 

The legislature said wanted to know why the country’s smallholder farmers are still failing to do their farming using modern equipments especially tractors.

In his detailed account of number of the matter Minister said a total of 77 tractors went to Government Institutions which are ADD’s across the country; Karonga ADD got 6 tractors, Mzuzu ADD got 13 tractors, Kasungu got 15 tractors, Salima ADD got 6 tractors, Lilongwe ADD got 11 tractors, Machinga ADD got 8 tractors, Blantyre ADD got 11 tractors and Shire Valley ADD got 7 tractors. 

Chiyembekeza said the second part involves 31 Tractors, 13 Maize Shellers, 23 Tripping Shellers and 8 Seed Cam Fertiliser Applicators that were issued out to Government Departments and Institutions. These were; Crops Department (Horticulture Farm), Natural Resources College, National Food Reserve Agency, Department of Agriculture Research, Department of Animal Health, Lilongwe University of Agriculture and Natural Resources and Green Belt Initiative.

But the house was in disarray when he mentioned that some tractors were sold to companies, individuals and some farming associations without clear explanation of what prompted the sale and how that profited Government.

Chiyembekeza said, Tractors and implements sold in the first half of the offer went to 31 individuals and businesses. Among them Government officers who includes; Clement Kumbemba (current Executive Director of Malawi Investment Trade Centre MITC) and Rashid Mtelera (from OPC). Companies includes; Anachuma Holdings, IS Fred Limited, Green Leaf Association, Kasinthula Cane Growers and Wuli Trading Company.

In the second half sold to individuals including Francis Kasaila Minister of Transport, Honorable Khumbo Kachali former Vice President, Godfrey Ching’oma Malawi Congress Party MP, Richard Msowoya current speaker of National Assembly and Samuel Madula from OPC among others. 

But the minister was not clear to demands on how funds were used, what exactly lead to the sale of the tractors and who authorised it.

Salima Central legislature Felix Jumbe proposed that since some names are of high rank officials from Government there should be an inquiry as to how they conformed to the procurement system.

Responding on this, Agriculture Minister said the equipments were sold to Malawians after normal tender was opened to anyone and applications were reviewed. He said some Government Ministries and departments were represented in a Committee that was chaired by Office of President and Cabinet (OPC).

He said the committee made equipment evaluation and restricted nobody from the floated tender. But mostly, he said small and medium enterprises with a minimum land of 5 hectares were eligible to buy.

However, Kamulepo Kalua who brought the matter said was not satisfied with the explanation 

He said, he still wants names of directors of some companies named and suspects that those names have been deliberately concealed to prevent exposure of some top government officials.

Kamulepo emphasised that the sale was worrisome considering that the tractors were acquired through loan to support smallholder farmers do farm mechanisation to help country’s food security.

Leader of House, Francis Kasaila said Kamulepo is continously making very serious allegations which are demeaning the president by alleging that President is doing corruption and that he recently bought some vehicles dubiously. He asked the member to present his evidence by Friday or withdraw his statement.

However, Kamulepo said he did not mention President and he is not going to withdral his remarks because in his remarks he never metioned President. Instead he said he mentioned Presidential assistance at State House as the ones who are among people who bought the tractors and recently bought the said vehicles.

However, Kasaila insisted on his point saying the member knows that Presidential assistance do not stay at state house and therefore mentioning State House he meant president at all cost.

This forced Second Deputy Speaker Clement Chiwaya to make ruling that Kalua should bring the evidence to the House on Friday.

Later Salima South Uladi Mussa rose and complained that the sale never saved the purpose of the loan.

This was echoed by Malawi Congress Party Chief Whip Lobin Lowe who inquired about value of each tractor when sold versus cost of buying it.

Members insisted to get clear information    and it was that insistence which forced AgricuAgriculture Minister to read the full list of beneficiaries. However members still feel that the names are doctored and that the tractors sale was against the purpose of buying them.

Earlier, the minister indicated that the tractors when procured in 2011 were supposed to increase the existing tractors in ADD's and offer some tractors to farmer groups and Malawian farmers through sale to increase ownership of tractors.

He thereforw said 69 tractors were offered for sale in 2014 and later sold 37 other tractors early this year by tender.

Full list

First half sale of tractors and trailers

Clement Kumbemba
Peter Zimba
Anachuma Holdings
IS Fred Limited
Balaka Market Resource Centre
Prince Nyirenda
Green Leaf Association
Alfred Nkhono
FISD
R.E. Enterprises
Mirriam Pamam
ISAM
Invesco Farms
Kasinthula Cane Growers
Wuli Trading Company
Mishek G Essau
Spencer W. D Ng’oma
Peter H Shawa
Mulli Enterprises
J. Manong’a
A. Y. Namaona
Grey Nyandule Phiri
Christine Mtambo
Moffat J. Chitimbe
Dr. I Benence
Hillario R. Chimota
Bright B. Kumwembe
Gerald A. Kachepa
Steve Donda
W. G. Lipita
Rashid R. Mtelera

Tractors and Implements sold in the second half

Tisi Nthukwa
Francis Enoch Juwawo
Richard Makondi
Tapiwa Phiri
James Maseko
Ronny Phiri
Mrs. Dorothy Mataya
Ms. Mada Sambo
Francis I Kasaila
M. F Kanjere
B.B.C Majoni
Ben Botolo
Thomas Makiwa
Arthur A. M. Liwonga
Hon. Khumbo Kachali
Peter Fret
Godfrey P. N. Ching’oma
Dorothy Chimatiro
Grant C. Kapiya
M. I Chikuntha
Newby Henry Kumwembe
Chisomo Farms
Ephraim Chiume
William Kantayeni
Dr. Lovemore
Mr. I. J Luhanga
Mrs. I. J Luhanga
Hon. Richard Msowoya
Nditse V. Kampane
Tcholose Simwaka
 Margaret Loka Mauwa
Mr. Peter K. Simbani
D. G K. Mtupa
James C. G. Ali
Eddie Makungwa
Samuel Madula
Charles Kambauwa

Loan Money For Water Projects Ending At Workshops, Allowances-Kouwenhoven

Kouwenhoven

Rumphi West Legislature decries over the lack of implementation to the Water and Sanitation loans authorized by the National Assembly.


Honorable Jacqueline Kouwenhoven reaction came following observation on previous trend on loans that National Assembly authorizes Finance Minister to borrow for the purpose of Water projects. She said there is no implementation, always the borrowed funds ends in workshops and allowances.

On Tuesday, the House authorized the Finance Minister to borrow from African Development Bank (ADB) and OPEC for Mzimba Integrated Urban Water and Sanitation Project.

Kouwenhoven, observed with great concern that government continues to ask the House to authorize the borrowing of funds for Water Projects that are never implemented.

“Where is the implementation after this House has approved and received those loans? Because the very first bill we authorized in 20014 was a loan for water and sanitation infrastructures in five districts. One of the districts was Rumphi the others were Ntcheu, Phalombe including Nkhotakota.

So I happen to come from Rumphi and I see with my own eyes that there is nothing on the ground relating to this loan.” She said

Instead of implementation, the legislature pointed that “We only see and hear district officers saying they have gone to Salima for workshops.” Said Kouwenhoven

“So eight months is a long time, so if this Government cannot start even implement that project, and yet are seeking our authorization for so many loans. How is that going to work?

They are failing to implement one loan the very first one we authorized so what about all other loans, are those projects going to work?”

The loan she was referring to was meant among others to upgrade gravity water scheme in her constituency, in Hewe and drill 88 boreholes. The project also had a component of constructing a District Water Sanitation Office. However the legislature says all that were promised in the loan bill are still a mare dream.

She hinted that the result of Government failure to implement the project in her constituency, people are being forced to drink water from unprotected water sources and sometimes making people to get water from far distances.

“What I want to see is this Government starting implanting on the ground. Don’t stick to meetings, don’t stick to workshops only, where the officers go and get big allowances. But what I want to see on the ground the start of implementation” she pleaded

The parliamentarian also raised similar call during her contribution to the loan authorization bill for Mzimba water project. She maintained that she is worried if the approved loan is going to see implementation considering current trend.

Drug Fight Body Wants No Football Sponsorship From Tobacco, Alcohol Companies

Baziwelo Zakeyo

The Drug Fight Malawi says football sponsorship by Nyasa Tobacco Manufacturing Company and all related tobacco and alcohol manufacturing companies is against the fight to end tobacco and alcohol consumption among youth in the country.

The institution made the remarks in Lilongwe when making a call requesting the local football governing body Football Association of Malawi (FAM) to support Big Bullets and all other football clubs to find an alternative source of funding.

Executive Director for Drug Fight Malawi, Nelson Baziwelo Zakeyo said the institution does not welcome the recent football sponsorship signing agreement by Nyasa Tobacco Manufacturing Company with Big Bullets.

The institution consider the signing as a deliberate and well orchestrated strategy to market cigarette products and increase in take of the product by children.

He said; "Drug Fight Malawi would like to express its deep concern an fear of an increase in tobacco use by children and youths in the country following the recent sponsorship agreement between our popular football club, the Big Bullets and the Nyasa Tobacco Manufacturing Company as reported in the media of 4th November, 2015 that FIFA has made clearance permitting tobacco sponsorship of the football club."


Baziwelo Zakeyo made it a point that Drug Fight Malawi considers the tobacco sponsorship of the Big Bullets team as deliberate and well-over-orchestrated strategy of the Nyasa Tobacco manufacturing Company to market its products and increase tobacco consumption among children.


"This is sharp contradiction to the healthy lifestyle of sports as espoused by FIFA. Tobacco sponsorship of football clubs is also in conflict with Sustainable Development Goal (SDGs) No. 3 which ensures healthy lives and promotes well-being for all at all ages.” he noted


He emphasised; “While acknowledging that tobacco is Malawi’s top forex earner, it is not in order to promote for the use of tobacco that would in turn see children using the product. The promotion of tobacco use will turn our own children into users and life smokers, hence dooming their future.


It is against this background that this organization is calling upon FAM and all other concerned officials in the country to work with not only Big Bullets but also all other sporting institutions to find alternative sponsors that would have no dangerous strings hidden.” he said


But Zakeyo said Drug Fight Malawi finds no fault on any assistance that cigarette manufacturers or any related company provides through corporate social responsibility to schools or hospitals.


Drug Fight Malawi works against use of tobacco, Marijuana, harmful alcohol consumption, and other related drugs of abuse.


Tobacco use is one of the greatest public health challenges facing the world today. The tobacco epidemic is spreading at an unprecedented rate, leading to nearby 6 million deaths globally each year from lung cancer, heart disease and other tobacco related illnesses and causing the death of one in ten adults. By 2030, it is estimated that tobacco related diseases will be the leading cause of death in Africa.


In Malawi, more than 26% of men and 7% of youth smoke tobacco. As an important risk factor for non-communicable diseases, tobacco use is aggravating these conditions in Malawi where already 1 in 3 (33%) adults aged 25 years and above is hypertensive.

National Assembly Authorises Borrowing From OPEC, ADB For Mzimba Water Project

The National Assembly passed on Tuesday afternoon two loan bills for the Mzimba Integrated Urban Water and Sanitation Project.

The House authorises OPEC Fund for International Development Loan worth K8 billion whose payment plan is 20 years and within it is 5 year grace period with 1% of interest per year.

Later, the House was presented with another Loan Authorisation Bill amounting to K2.7 billion (US$ 2.6 Million) from African Development Bank for the same Project whose payment plan is 40 yeas with 10 years grace period.

Goodall 

Presenting the bill, Minister of Finance, Goodall Gondwe said the project will be implemented for a period of 4 years, to cost a total sum of US$22. 8 million and will be co-financed by OPEC, African Development Bank (ADB) and Government.

He said OPEC is providing 65% of the total cost, ADB will provide 22% while Government is expected to make 13% contribution.

While supporting the bill, Malawi Congress Party (MCP) shadow Minister of Finance, Alexander Kusamba Dzonzi expressed disappointment the borrowed money is not enough to completely end water problems for Mzimba district. 

Dzonzi said MCP would have loved to see government borrow US$55 Million which is actual amount that is required to Carter water challenges in Mzimba 

National Assembly Passes Loan Bill For International Airport Upgrade

National Assembly on monday authorizes government to borrow K14 billion funds from European Investment Bank for the purpose of upgrading Chileka and Kamuzu International Airports to meet international standards on safety and security.

The House passed the bill after contributing and adopting the report on the bill from the Parliamentary Committee of Transport and Public Infrastructure.

The money from the European Investment Bank Loan Authorization Bill is to be used for the Project of upgrade of Aviation Safety and Security Equipment at Kamuzu and Chileka International Airports.

The bill passed with several amendments to the memorandum of the bill as proposed by the Parliamentary Committee of Transport and Public Infrastructure after scrutiny of the bill.

The amendments includes change of the title of the bill to read phase 1, change of Closed Circuit Television CCTV Link Tower to read Automated and Integrated Closed Circuit Television, wording of Wind Measuring Unit to Weather Measuring Unit and Radio to Radiosond.

Minister of Transport Francis Kasaila said the passing of the bill was timely because any delay will prevent flights into or out of Malawi because of airports safety and security conditions.

He promised that Government is now going to work flat-out making sure that within shortest time possible it procures equipments to improve on the concerns by International Civil Aviations Authority.

Throughout the deliberations, legislatures from Northern region emphasized the need to as well rehabilitate, Mzuzu airport which is hub for the north.

However, responding on calls for the need to rehabilitate Mzuzu Airport the Minister of Finance Goodall Gondwe said Government is waiting people from Mzuzu city to make a unison decision of the land where the airport could be relocated.

Gondwe said the main impediment for Government to commence consteuction of new airport in Mzuzu is because there are deffering views on where the airport be relocated to "Some wants the airport be relocated to Chiweta, someone says another place.

But it is up to us the people from the northern region to make a decision and then we can inform the ministry.” He said 

“Any thinking person will not oppose that, and as a citizen of Mzuzu I would like to see a very good international airport in Mzuzu and we will put in plans, as government we are very actively seeking funds to construct that airport. We have started with rehabilitation of Chileka and Kamuzu the next one is Mzuzu airport." He said but as to when that money is to be available, Gondwe said it is not known now because Government has to solicit funds.

Minister of Transport Francis Kasaila in an interview concurred with the Finance minister on this call saying Government would like to let people of Mzuzu to tell their choice of land for the Airport.

"The minister of finance made it clear, it is upon the people on the ground to decide the piece of the land that they can offer for the construction of the airport.

Few years ago Government spend to a tune of K250 million, to pay for the land and paid for compensation so that we relocate the airport to a safer place because where it is now is not a good place, you can easily have an accident. 

But after paying for that land and after having compensate people, the people there encroached on the same land. All that land that we got was encroached. Now government had nothing else to do apart from going back to square one and that is where we are saying we have to find land suitable for another airport." He said 

"After the people there decide where the free land for the airport is, we are going to send our technical people to do the necessary feasibility studies and after that appropriate designs would have to come in and then we will know what cost implications are going to come because of that airport and then we can look for the resources from donors or from other well-wishers who can support in that endeavor." Said Kasaila

He added that after the decision, Government will send technicians to do feasibility studies and calculate costs for construction of the airport and later look for the resources.

However, the Government decision to wait for the people of Mzuzu to make their own decision, saw a reaction from member of Rumphi Central, Kamulepo Kalua who protested against such decision by asking Government to make a conclusive decision forcing people to vacate with immediate effect from the already identified land.

But the Transport Minister said "It is not up to me (Government) to go and impose on the people",  "The ball is in their court." He added

The passed bill according to Kasaila will also boost aviation sector now that the Japanese are coming next year to provide an extension of the terminal building at Kamuzu International Airport. Through the Japanese project, there will be two separate buildings to allow domestic flights and international flights passengers use their own terminals.