DPP To Justify Msonda's 'Kill Gays' Case Discontinuance To Legal Affairs Committee

Kachale: her office discontinued Msonda case

Director of Public Prosecution (DPP) has been summoned to appear before Legal Affairs Committee of Parliament on Thursday to explain about her office decision to discontinue with a case against politician, Kenneth (Ken) Msonda.

Early this year, Peoples Party (PP) Publicity and Administrative Secretary, Msonda, is allegedly to have openly suggested the killing of homosexuals as the only solution to end rising cases of homosexuality in the country. It is reportedly that through his Facebook post he further described homosexual people worse than dogs and “sons and daughters of the devil.”

Although the case was opened against him, DPP office applied to court for the discontinuance of the case.

Deputy Chairperson for Legal Affairs Committee, Maxwell Thyolera explains in an interview that DPP, Mary Kachale appearance before his Committee on Thursday afternoon is to hear more from her about the report she submitted to the committee on the discontinuance of the case.

“We want to know the reasons why she discontinued the case. That is why we have called her to brief the committee because we have the certificate that she has given to the committee, so we want to get more information when she appears tomorrow.” said Thyolera

Honorable Thyolera said Kachale summon came under Section 99 subsection 3 of the constitution which require DPP to give a reasons to Legal Affairs Committee for any criminal proceedings discontinued at any stage before judgment is delivered.

“It is mandatory by law that when the case has been discontinued the reasons as to why has the case has been discontinued has to be given to Legal Affairs of Parliament and it is for the checks and balances that those things should be looked into holistically by both arms of Government; both executive as well as legislatures.” He added

Thyolera indicated that his committee has specifically requested for the case of Republic Vs Msonda because it is the only matter that has recently been discontinued by DPP.

ATI Absence, Little Stakeholder Input In Budget Processes Affecting Social Accountability In Malawi- ActionAid Survey Reveals

A baseline survey by ActionAid Malawi has identified absence of legislations particularly Access to Information and lack of enough engagement in the budget process as some of the limiting factors for social accountability, monitoring and oversight capacity in the management of public resources in the country.

The study captured information on current levels of social accountability capacity within central government, legislatures, civil society and the media. Six gaps were identified and it came up with 21 recommendations.

Access to Information legislation absence was highlighted as one of the limiting factor to access to public information vital for tracking budget expenditures. The legislation is expected to be tabled in the next meeting of the National Assembly probably in May or June and once enacted, the legislation is expected to help Malawians to access to public information which is difficult at the moment.

It also found that resource allocation processes are influenced more by the Ministry of Finance since consultations are mainly top-down with minimum negotiations. The study therefore noted that supply side players do not engage with the process from beginning hence they are not able to contribute fully to the budget debates and it added that donors play critical role in the resource allocation.

Other highlighted gaps are: persistent corruption practices and theft; challenges in performance management of the budget; political influences and gender insensitive budgets; lack of clear guidelines on the process of needs assessments and strategic planning process and legislative provisions on the role of CSO's and oversight players in the confirming the identified needs and strategic plan documents.

Among recommendations includes; strengthen the decentralization parameters to allow more participation and prioritization of needs, addressing public resource management laws, strengthen capacity to produce publicly accessible monthly and quarterly programme based financial statements and spending reports as well as strengthen stakeholder capacity to do expenditure tracking.

The study was done prior to implementation of the first phase of a five year project 'Strengthening Social Accountability and Oversight Capacity for Rights-based Public Resources Management in Health and Agriculture in Malawi.' 

The project aims at developing capacities of stakeholders in social accountability on public finance and the findings are expected to inform activities for the implementation of the project expected to rollout in May this year. 

Reactions to the Report

On Thursday, ActionAid shared the report to CSOs, Legislatures from selected Parliamentary Committees and Media and the findings have received encouraging response.

Richard Chimwendo

Member of Parliament for Dowa East and Chairperson for Parliamentary Committee on Social and Community Affairs, Richard Chimwendo Banda agree with almost all the issues articulated in the findings.

In an interview, Chimwendo said the issue of lack of full budget negotiations and engagements during formulation is one of relevant issues that truly represent current state of Parliamentarians on their oversight role and participation in the budget process.

"Yes, I would like to agree with the findings. There are gaps on how we provide our input to the Budget. The main challenge is that we are given the budget documents a week or so before the passing of the budget and it is therefore always a challenge to scrutinize the budgets." He said 

He added; "We feel Access to Information is very important for us because we will be able to demand to access to budget documents earlier as well to access to information that can enable us monitor the progress of the budget."

He then said he is impressed with the project aims and hoped that empowerment of legislatures on budget tracking will help them carry out budget oversight role properly.

Chidanti Malunga

Equally, Deputy Chairperson for Parliamentary Committee on Agriculture, Honorable Jospeh Chidanti Malunga shared similar sentiments of Chimwendo by adding that "Sometimes we do not know what is contained in Agricultural sector budget."

"Although we are put in cluster Committees to look at the budget documents, still we are not given ample time to look at budget documents. It is important that some times when budget is formulated we have to have time, way in advance so that we scrutinize it and also involve stakeholders in the know to help us critically look at issues in the budget"  he said

Malunga also said ActionAid initiative is a step in the right direction and he is ready together with his committee to work with ActionAid in the project.

Chikondi Chavuta

Chikondi Chavuta, Regional Thematic Manager for Food Security, Climate Resilience and Emergencies at ActionAid Malawi said the new project is aimed at strengthening social accountability and oversight capacity for rights based public resources management in health and agriculture.

She said the project which is part of regional programme that includes Mozambique, Zambia and Tanzania will help to improve the effectiveness of government system and structures to achieve accountability and transparency on budgeting utilization and implementation.

"We found out that structures that we operate at Government level are quite week and needs to be improved to ensure that they have proper service delivery." She said

Chavuta said the project intends to develop and enhance the capacity of stakeholders especially parliamentarians to oversee the two sectors. And also to develop capacity of issue based CSOs, media and Smallholder farmers to engage in social accountability monitoring and advocacy.

She further disclosed that the project also intends to develop capacity of relevant Government departments on public resources management, social accountability and oversight as well as reduce existing working relation gap between Government institutions and the stakeholders.

"This project will try to address that gap by building the capacities of all these areas to ensure that we reach the ultimate goal of ensuring social accountability and transparency and make sure that we have social accountability mechanisms in place that are benefiting especially people in poverty."

Chavuta also mentioned that CSOs, smallholders farmers, Media and Parliamentary Committees especially on Budget and Finance, Health and on Agriculture are expected to play a very critical role in the project on engagements and provide effective oversight that promotes social accountability in the health and agriculture sectors with a particular focus on HIV/AIDS, SRHR and food security.

ActionAid has been appointed to undertake a phase one of a 10-year project on behalf of the Swiss Agency for Development and Cooperation to: 'Strengthen Social Accountability and Oversight Capacity for Rights-based Public Resources Management in Health and Agriculture in Southern Africa'.

Mphwiyo Shooting Case: Defense Ready To Finalise Testimony Next Month

The defense in the case of the attempted murder of former budget director Paul Mphwiyo has commited to finish giving defense testimony next month. 

Second accused, Pika Manondo is in his defense and the case has been adhourned to 18th and 19th April 2016 where court expect to hear from four witneses.

Director of Public Prosecution DPP Mary Kachale said State also believes that Defense is ready considering progress made so far.

“We have made significant progress because the defense has committed that the next sitting will be the last sitting on their part.” she said

Defense is expected to call four witnesses and hope to conclude in those two days.

Mphwiyo Shooting: Kasambara Found With Contempt For Threaten To Slap DPP

The High Court in Lilongwe has found with contempt of Court and subsequently censure the third accused Raphael Kasambara for threatening the Director of Public Prosecution (DPP) Mary Kachale that, he would have slapped her if sentiments she made inside the Court were made outside courtroom.

Kasambara: I would slap you

Kasambara answering attempted murder of Paul Mphwiyo was heard in court shouting "I would slap you for that" when the DPP raised an objection as he was cross-examining second accused Pika Manondo about the issue of distance and time it takes one to drive to Mr. Paul Mpwiyo's House.

In her objection, Kachale asked Kasambara to question Pika about distance and time takes one driving from Ufulu gardens to Paul Mpwhiyo residence and not from Kanengo because according to Kachale, Pika had used the route before, when going to Mphwiyo’s house.

This did not sound well with Kasambara who reacted by stating that the DPP was "insinuating" that Pika was present at the shooting and that with her assertions, she has brought no evidence to prove that Pika was present at the scene. He then angrily shouted that he could have slapped her for such remarks because were provocative.

"I find the third accused in contempt of court and I censure, not to repeat this kind of behavior from now onwards" ruled Justice Michael Mtambo immediately both sides had finished making impromptu oral submissions

Before the final ruling was made, Judge observed that this was second time Kasambara has made such remarks of this nature to DPP.

“The other time in Chambers I had asked Mr. Chibwana to sit between you and DPP. And this conduct in the face of court is disrespectful of the presence and the authority of the court. I therefore cite you of Contempt of Court.”

Kachale: I am speechless 

Immediately Kasambara uttered his aggressive words Kachale looked very shocked and she reacted by saying "I am speechless"

She told court that she felt the threat was “beyond bar” and was “stretching beyond the limit of decency." She then asked Judge to call for a break but got reply from Justice Mtambo that he could not allow a break if it is Contempt of court.

But Kasambara told court that he was simply saying if it happened outside the court that she made such remarks he would slap her but he cannot do that in court, then added “I meant you are lucky that you are in court”

Kachale reacted further to say “This is a form of violence and intimidation.” She said Kasambara was trying to intimidate her in the presence of the court and described his conduct as “blatant contempt.”

"This is a gender issue. I feel he would not have done that to male officer of court because they could have met and deal with each other outside” said Kachali who further mentioned that such remarks were also meant to demean her office because it is being headed by a female person.

Chibwana

State Counsel, Mr. Enoch Chibwana, when asked by court to speak on the matter, he said this incident was not first time for Kasambara as he had done it before in the chamber but the repetition of the same seem the accused has failed to learn lesson.

“The third accused is not an ordinary man in court. He is a senior counsel who must show exemplary behavour not only in this court… And allowing this type of behavior to be done at the court of this magnitude it leaves a lot of questions unanswered” he said adding that this was a right platform to provide a appropriate action

However, Kasambara apologized for his conduct and promised never again to allow such a thing to happen even if he is provoked.

“Am sincerely sorry, My Lord, these words did not mean to undermine the authority of the court… it was a vulgar statement made in the heat of the moment… I will try as much as possible even if provoked again”

Mphwiyo Shooting: Accused, Victim Still Friends As Pika Disclose Still In Contact

The attempted murder victim of September, 13, 2013, Mr. Paul Mphwiyo may still in constant contact with his three friends accused of his shooting.

This follows information from the second accused Mr. Pika Manondo during his cross examination with State that Mr. Paul Mphwiyo himself tipped him that State has prepared against him (Paul Mphwiyo) charged with an offense to do with Thuso, a South African Company which supplied equipment to Malawi Defense Force (MDF).

He disclosed this as he was denying presence at the shooting scene when Director of Public Prosecution (DPP), Mary Kachale put to him that he must have been available at the shooting scene as testified by the victim.

When Manondo was replying to the question about his presence at the scene he asked the State why it continues to trust Paul Mphwiyo’s testimony about his presence at the shooting scene yet the same state does not trust the victim as they charged him with two counts which one of it includes lying to Malawi Revenue Authority and the fresh charge involving Thuso.

When the state asked him to inform the court where he heard the information about the new charge Manondo disclosed that it was from Paul Mphwiyo himself.

However, the state denied any new charges being prepared against Paul Mphwiyo  and subsequently withdrew the statement regarding anything said do with the new charge a development which Pika said it was unfortunate for the state to say they don't know anything about this.

State has finished with Cross-examination of Pika and now his fellow two accused, McDonald Kumwembe and Ralphael Kasambara will cross-examining him.

After that it will be the witnesses for Pika Manondo. But the third accused will not testify and there is no indication that he will call witnesses.

If it goes normally, then state and defense will submit whether a case has been made out beyond the reasonable doubt.

Director of Public Prosecution Mary Kachale during cross-examination asked several questions around the call logs.

The state said the constant communications Pika had with fellow accused during the period of Mphwiyo shooting was questionable as this was not the case before the period in question but Pika denied the assertion and said there have been several instances where he was in constant communication with his friends way back and he even challenged the State to produce call logs for more than 9 months and try to analyze their communication.

He also denied his presence at Paul Mphwiyo residence during the shooting by replying “Why would a person hire a gun man and be at the scene?”

He informed court that after getting a phone call of Paul Mphwiyo shooting, he stopped drinking at Chez-Mtemba, and went home to sleep as he was at that time more than tipsy and around 6 am he travelled to Dedza.

But the state put on him that he travelled to Dedza together with McDonald Kumwembe to drop him there after their mission was accomplished.

The call logs indicates that Pika travelled to Dedza from Area 47 in Lilongwe. In Dedza the cell sites of both McDonald Kumwembe and Pika indicates they were both at Dedza market. But Pika was in few minutes traced going back to Lilongwe and showed that he traveled nearly 15 minutes from Chimbiya to Lilongwe and went to the Hospital so see his friend Paul Mphwiyo.

On his speeding, when state asked him if he is a person who speed he responded “depending on circumstances yes”

Pika at several question that were put on him including on his presence at the scene, or if he hired a gun man to shoot Paul Mphwiyo said “There is no evidence” and the state “will not produce any evidence that I was assigned for any job to shoot"

Consult Mzimba Chiefs On Customary Land Bill-Nyalonje

Mzimba North constituency legislature, Agnes Nyalonje has tipped the National Assembly to consider inclusion of Chiefs from Mzimba district in the list of stakeholders that are to appear before four committees tasked to scrutinize Customary Land Bill. 

The bill was referred to Committees on Legal Affairs, Natural Resources, Women’s Caucus, and Agriculture for thorough scrutiny with expertise from stakeholders well versed in customary land issues.

Before the bill was referred to the committees on Friday, Honorable Nyalonje told the National Assembly that most of new areas highlighted in the bill as areas for improvement are not new among Chiefs of Mzimba. 

She said Mzimba chiefs have a robust system of Customary land management which is still practiced now and therefore considering significance of the bill, Chiefs in Mzimba are relevant stakeholders who can give their point of view to enable the new legislation to incorporate the customary systems that are already in practice.

“What stands out is that the way Mzimba Chiefs have managed the land for generations is very different to the way land has been managed in other parts of the country and that their system works.” Noted Nyalonje later in an interview

She emphasized that in the search for a improvement it is good that the consultations should not lose sight of those things that are already working now.

Nyalonje also disclosed that Mzimba Chiefs are also concerned with some provisions in the new bill particularly on huge powers given to Minister. 

She mentioned that the recent meeting Chiefs had with number of stakeholders including Mzimba Heritage Association, MPs and academics, Chiefs said putting so much power into Minister allows fertile ground for corruption and they further expressed their wish of having their input heard before the proposed bill gets implementation.

“Chiefs are saying involve us because for us to feel that we own these pieces of legislations we must feel that they are addressing our challenges. Because the areas where the legislation is seeking to improve may already be there but on the other hand there might be other areas that have been left out that as far as they see should be included in order to strengthen the legislation.” She said 

Police Extends Kabwila, Chakhwantha Treason Bail To April 29

MCP supporters at Area 30 during Kabwira arrest 

Police has extended to April 29th, the bail bond for two legislatures from Malawi Congress Party (MCP), Jessie Kabwila and Peter Chakhwantha.

Two legislatures were arrested in February following a Whatsapp conversation whose conted was deemed as Treasonous.

Despite confirmation from the two suspects of having been charged with treason, Malawi Police Inspector General, Lexten Kachama informed the Nation that the two were never charged of the said offense.

After their release, both Kabwila and Chakhwantha were told to appear to police on 27th February, 2016 at area 30 Police Headquarters. After appearing on that date, Police informed the two to reappear on March 18th but after going again to check their bail which is this Friday, Police have instructed them to reappear again on 29th April 2016.

Speaking in an interview, Chakhwantha confirmed the bail extension to 29th April but said "They didn’t offer much details and it was too little that we could actually appreciate as to what is going on apart from to extend our bail to 29th April.”

But he did indicate that they have been told that they are free to travel and have confirmed them “as free as before.”

Chakhwantha therefore said this extension dispel claims by Police IG that they were never charged with treason

“They arrested us and charged us. All the processes that they administer over a suspect when they are about to charge or have charged a person before taken to court were administered on us. So we still stand on that conviction that we are under arrest” he said

Kabwila

Honorable Jessie Kabwila also said she is still under arrest up until 29th April 2016 because they are still under bail.

“In other words still as we are walking around we are people who are attempting to overthrow the Government, our names are linked to that.” She said 

She said she has a charge sheet indicating details of her arrest although the Inspector General of Police, Lexten Kachama had recently told the Nation that the two were never charged

She noted that this arrest has negatively impacted her much because, she has been missing some important discussions in the House as she a part from being Salima North-West legislature is also Chairperson for Women Cause in Parliament.

“Just today in Parliament, they were discussing Land Acquision Bill, they were talkig about other issues of land. Ant I think you know very well that land issues for poor people are a problem. In my constituency, the Green Belt Initiative, is an issue that is a big borne of contention because poor people are complaining that they were either poorly compensated or they got nothing at all and this growing season they did not have anywhere to grow. 

So, during this time I could have participated and contributed but I was there going to show my bail and answering a charge of a treason by Whatsapp” she said

She therefore claimed that the whole arrest was a design to keep her off from participating in the very important matters as she is also Malawi Congress Party spokesperson.