President Mutharika Was Incorrect On Provision In ATI Bill

Trapence and Mtambo

It is now proven that President Peter Mutharika erred to claim that Access to Information (ATI) Bill has provision which bars National Assembly from reviewing the legislation once enacted.

Two renowned Civil Society Organizations, Centre for Development of People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) have since faulted the Malawi leader saying they never came across such provision in the drat bill.

Peter Mutharika

President Mutharika told Journalists on Monday at Kamuzu Palace that the ATI bill has number of inconsistencies including two provisions which says; once enacted the law will cover any information that happened before its enactment (Against common law principle that the law takes effect on matters happening the day it is signed) and that “in future” no parliament can ever repeal the law.

But according to a statement from the Cedep and CHRR signed by its executive directors, Gift Trapence and Timothy Mtambo respectively, they have possession of the draft bill which the President quoted but never came across a clause which says Parliament shall not have the power to repeal the Access to Information law.

“It is equally significant that President was able to highlight some of the “inconsistencies” in the Bill during the press conference. We, at CHRR and Cedep, however, wonder where the ‘inconsistencies’ the President highlighted during the press briefing came from. We have the draft Access to Information Bill and have never come across a clause which says Parliament shall not have the power to repeal the Access to Information law.  The Access to Information Bill we have was informed by progressive model laws on access to information.” Reads the statement

Cedep and CHRR believe the inconsistency claims were mare lies and tactics to delay enactment of the legislation.

The two CSOs have therefore challenged government to publish all the said “inconsistencies” for the public to appreciate them in addition to publicize the ATI Bill, once all the ‘ironing out’ and ‘aligning’ of the bill with other laws is done, before tabling it in the National Assembly.

“This would enable citizens and other stakeholders to check if there are any adulterations in the Bill.  Otherwise, we are bound to believe that the President is simply buying cheap public sympathy to justify the delay in enacting the bill.” Said Cedep and CHRR

“Given the culture of secrecy on how government is run, compounded a recent background of plunder of resources, Malawians  can simply ill afford to have an adulterated piece of legislation that will fall short filling its democratic space. Malawians need a law that will add value to democracy.” Claims the statement

Cedep and CHRR statement further said the President was undemocratic to state that he is not going to take deadlines from Malawians. The CSO's says as an employee of the electorate, the President must be accommodative enough, fully cognizant that it is within the citizens rights to issue deadlines to their demands especially on matters that require urgent address by his leadership.

Reading the draft ATI bill in question we never found the provision which President Peter Mutharika claimed that “in future” no parliament can ever repeal the law  

Indeed, President Mutharika was right to mention that in the current ATI Draft Bill grant access to information even that existed before the legislation was signed according to Chapter 3 on the application of the legislation  

                 “3. - (1) This Act shall apply to information in the custody or under the control of any public body, relevant private body or other information holders listed in the Schedule hereto regardless of whether such information came into existence  before the commencement of this Act  

     However, “(2) This Act shall not apply to the following information: Cabinet records and those of its committees; court records prior to conclusion of a matter; and information excluded from publication under the Official Secrets Act; and personal information.”

Mutharika made the error on the Bill when speaking to Journalist at Kamuzu Palace in Lilongwe on Monday evening following his return on December 6 from Malta, UK and South Africa where he went to attend to Summit and hold number of bilateral talks.

President Mutharika continued to make his promise of taking Access to Information Bill to National Assembly but this time around says this will happen "at some point" in this 46th Session of National Assembly.

He said his Government is through Cabinet Committee on Legal matters is resolving inconsistencies which prevented the bill from being taken to just ended First Meeting of 46th Session of the National Assembly as promised.c7

Mutharika Says No Talks On Jet But More Time Is Wasted

Malawi President Peter Mutharika says he is wasting alot of time when he is on traveling out side the country using commercial fights, but his administration will not buy Presidential Jet to ease his transport problems.

Mutharika sounded in very disapointed tone telling Journalists at Kamuzu Palace that he wasted 10 hours during his recent trip to Malta, UK and South Africa after facing torment of being made to stand on very long queues at airports, waiting to catch a flight and making connections to reach final destination.

He said on his way to Malta, he spent 24 hours of traveling from Malawi to South Africa then Dubai to Rome where he got flight to Malta.

“The line you saw (picture circulating in social media) it was at Rome Airport." Said Mutharika and added "nothing was created” and "we wasted 10 hours of time."

He said pictures that stormed social media of him being on the queue at airports and the missing luggage were both real but the luggage was recovered after it was discovered that it got left behind at Johannesburg airport for some reasons.

Asked if at all his Government has any plans to buy a jet his response was “Let me answer that question once and for all. And then I hope this nonsense will stop once and for all. 

Government has no plans to buy a Jet” responded Mutharika repeatedly “Government has no plans, Government has no plans Ok” he said 

“We have no plans to buy a Jet period. So let’s leave this obsession about the Jet and move on” he added 

Besides, Mutharika says his administration is continuing with investigations into circumstances led to the sale of Presidential Jet by Jouce Banda administration and also finding out how the proceeds of the sale were used for.

The Malawi leader says the ongoing investigations shall also see if any procurement system was followed when selling the Jet.

Mutharika Makes Another Promise On ATI Bill

Add caption

President Peter Mutharika continues to make promise of taking Access to Information Bill to National Assembly but this time around says this will happen "at some point" in this 46th Session.

Since he was elected the president of Malawi, Peter Mutharika has made number of promises to enact the ATI bill. Most recent similar pronouncement was made in Salima district where he said the bill was finalised and ready for tabling during the First Meeting of 46th Session of National Assembly. However, Week before National Assembly Meeting his minister of Information, began to issue statements which contradicts president promise and the bill never went to the Assembly.

When Mutharika was speaking to Journalist at Kamuzu Palace in Lilongwe on Monday afternoon he said his Government is not fighting against the bill and will not “take deadlines” from anybody of when to have the bill enacted 

Again, Mutharika made usual promise when asked of the progress of resolving inconsistencies which Government said was main impediment to take the bill during just ended National Assembly meeting.

But this time around using a word ‘at some point’ for more than twice, he said the bill will be passed in this 46th Session of National Assembly but after Cabinet Committee on Legal matters addresses all inconsistencies.

He mentioned that there are number of provisions in the bill which his administration finds to be inconsistence.

“There are number of issues in the Bill. We have for example provision in the Bill which says that the bill will cover any information that happen before the bill was enacted.” indicates Mutharika

While stating that the provision is against principle of common law (called ex post facto law), which prohibits application of a legislation to things happened before it was adopted, maintained that he wants law take effect on the matters happening from the day he assent the bill.

“There is another one” he added “It says that, in future no parliament can ever repeal this law… But parliament is sovereign it can pass any law or repeal any law.” Said Mutharika

He went on “We are passing the bill not to please anybody, we are passing the bill in our interest its good that people should know in a democracy, how decision are made and we hope that all these requests will be made in responsible manner and that those information will be respected.” Said Mutharika and repeatedly said “We will pass the bill at some point.”

Mutharika was speaking to Journalist at Kamuzu Palace in Lilongwe on Monday evening following his return on December 6 from Malta, UK and South Africa where he attended Summit and held number of bilateral talks.

Minister of Foreign Affairs George Chaponda indicated in the Communique that President Mutharika in his engagements with UK government officials and legislatures spoke and got promise on budgetary aid resumption to Malawi.

Apparently, Malawi is required to meet number of conditions including passing Access to Information Bill for European Union (EU) (whose membership includes UK Government) and World Bank to disburse their promised budgetary aid.

Malawi Minister of Finance, Goodall Gondwe, delivered in the National Assembly a statement on 25th November 2015 on Economic status of the country wherein he indicated that donors like World Bank and EU will continue to withhold promised budgetary support until Malawi brings to Parliament the bill and meet other 19 conditions. 

But Mutharika on Monday said there is no need to put some conditions because “we are going” to pass the ATI Bill.

“It is in our manifesto, we are the first people to say in Manifesto that we are going to have Access to Information.” He said

How Crucial Is The Bill To Attract Budgetary Support?

EU and World Bank promised Malawi to resume their budgetary support.

However the Minister of Finance Goodall Gondwe admitted in the National Assembly on 25th November 2015 that on top of Public Finance Reform Management Programme, immediate IMF conditionality the two institutions have also added their own conditionality that Malawi needs to meet before their budgetary support is disbursed.

Goodall 

“A large number of conditionality has been agreed which we will have to satisfy before they can disburse the budgetary support. These two institutions require that we should have presented in this Parliament, Access to Information Bill (ATI) as well as implement reforms relating to wage administration that will expunge ghost workers in our wage bill.” Said in his statement in November National Assembly meeting

He added that the two institutions also demands that Malawi need completely reform the FISP which they essentially support so that more than half of the subsidized fertilizers is sold by the private sector instead of Smallholder Farmer Fertilizer Revolving Fund of Malawi and ADMARC. He noted that in total there are more than 20 conditions that Malawi has to meet before the funds are disbursed.

“We are working on these now and we hope that we can satisfy them by the end of March 2016 so that the aid disbursement can take place during the fourth quarter of this fiscal year.” Said Goodall

He also mentioned that Malawi has reactivated IMF Programmes because they are helpful because they reinforce prudent fiscal management and require rigorous economic and financial discipline in Government and reserve Bank.

He therefore said Malawi is set to take number of measures to effect the required balancing of resource with expenditure so as to reduce inflationary pressures. He said this follows IMF conclusion that its programmes have been off track.

“We expect to bring the programme on track as the next IMF staff visit to Malawi (February 2016) when the data for the first half of financial year (July to December 2015) will be examined. 

He therefore highlighted that the conclusion of IMF that Malawi is back on track will be valuable to attract donors to review their stand on their support to Malawi.

“Certainly we know that regardless of the conditionality they have given us the first conditionality that EU and World Bank have given us to resume their pledged budgetary support is the observance of IMF programme.” he said 

Gondwe further added that the IMF programe could also be advertised to the private sector internationally that prudent finance management is resumed in Malawi 

“It is critical in regenerating confidence in the economy” he added

Several donor nations in 2013 suspended budgetary aid to Malawi following public money looting scandal known as Cashgate. The latest to announce the delay of funding were donors under the Common Approach to Budget Support (CABS).

Through the suspension, Malawi lost almost 40% of its budgetary assistance.

Malawi Has Excess Maize Now-Confirm President Mutharika

Mutharika says Nobody is dying of
hunger under his leadeeship 

President Peter Mutharika has announced that Malawi is now food secure and that people should jettison fears of hunger hitting hard people this year.

Mutharika on Monday afternoon told Journalist at Kamuzu Palace that earlier in the day got such an exciting report from National Food Reserve Agency (NFRA) that Malawi has excess maize.

Following adverse weather conditions early 2015, Malawi's maize production and other food crops across the country declined puting a total of 2.8 million people representing 17% of the country’s total population at risk of hunger during the 2015/2016.

An assessment by the Malawi Vulnerability Assessment Committee (MVAC), carried out in June and July, 2015, the siuation required humanitarian food to support the affected people was 124,183MT of maize equivalence. 

“I was very pleased to hear from NRA that there is excess maize in this country and that they will be asking me to agree to allow traders to export maize outside this country.” Said Mutharika adding “and this is what I have been saying all along.”

Mutharika said earlier in the day got report from National Food Reserve Agency (NFRA) that Malawi has excess maize and NFRA will be asking the president to allow traders to export maize outside the country.

At this point he reiterated with assurance that no Malawian will die of hunger this year or under his administration and all logistical issues are being sorted out to ensure that maize is available in ADMARC markets.

He said; “nobody is going to die of hunger” He repeated “Nobody is going to die in this country of hunger under DPP Government.”

His remarks comes just after his deputy, Saulos Chilima had recently made an update on food situation.

The Vice President had mentioned that although International Community has assisted the country amounting to about US$91million but still Government is appealing for more assistance because currently there is a shortfall of US$55.378 million is approximately K31 billion for hunger response.

Efforts to curb hunger 1,960,377 people, representing 69 percent of the affected population in 68 Traditional Authorities in 24 districts, were targeted with food distribution while 880, 117 people, representing 31 percent in 58 Traditional Authorities in 18 districts, were considered on cash transfers. 

To stabilize the price of the commodity on the market through ADMARC the Malawi government also, using its own resources, bought 30,000MT of maize from Zambia for ADMARC at a cost of K2.8 billion, and 22,193MT of maize locally at a cost of K2.6 billion.

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