MRA Asks Business Persons To Avoid Corrupt Practices In Borders

Hilda Mkandawire: MRA

Business people in the country have been asked to join forces with Malawi Revenue Authority (MRA) in the fight against corruption in country's borders.

The call was made over the weekend during the meeting organised by the Small and Medium Enterprise Association (SMEA)-Lilongwe chapter on issues about tax.

SMEA members raised alarm on incessant corrupt practices among some MRA officers who often ask for bribes from business persons if they want to have their goods cleared at boarders in good time.

"Most officers delay processes and can't help without us pay them something" reported one of the participants in the meeting 

Responding to this problem, Hilda Mkandawire, the Public Relations Specialist at MRA pleaded with participants and all business persons in the country not to tolerate this unbecoming practice and encouraged every tax payer to report to MRA, any officer who may ask them to pay bribe.

"Don't give money to MRA officers as bribe. MRA does not condone corruption." She warned

"If our officers ask for bribes you should not accept this practice because an MRA officer is paid at the end of the month and please do not pay bribes for them to assist you. It is their job to assist you.” she emphasized 

Mkandawire further cautioned that bribes are vices that haunt growth of businesses as significant part of profit is used to pay for the corrupt officers. She added that this further derail development as Government also fail to correct tax from struggling businesses.

"Please report them to us, and we will deal with it. Remember, without your businesses this country cannot prosper." She added

Other concerns raised by the business persons of which MRA has committed forward them to Management for consideration are bad attitude of officers when helping business persons, delays when clearing goods and interruptions at roadblocks among others.

“Most of them have requested us to have some privacy when they want to discuss their tax issues with MRA officers. We have promised them that we are taking up this request to management to look at this and see whether we can set up some interview rooms in our stations. It is true that when somebody has an issue you wouldn’t want to discuss an issue where there are a lot of people. But this is something that needs to be taken to the management and we will see how management will handle that one.” said Mkandawire later in an interview

“But, we ask all business persons to be compliant so that whenever they pass through the borders they are not delayed. And they should always not avoid tax at boarders and this will even reduce their delays in roadblocks because many people do not declare all their goods at boarders so the roadblocks assists us to verify if the traders have paid tax for all their imported goods." She said

The meeting looked at all areas of domestic, customs and excise tax

One of the participants, Danny Zenengeya who trade as Double Options Investments said was satisfied with most answers from MRA. He said the meeting has helped him to understand reasons why some challenges were happening to him when importing goods and how he is going to avoid them.

"The meeting has been fruit full and we have been advised to report any matters of concern immediately to their offices and also that we have to follow the right channels and pay the tax” he said and urged MRA to improve on time frame issues because some delays in issuance of invoices and finalising some processes prevents him from meeting deadlines of delivering goods and attending to his business.

Jacob Chikoya

Chairperson for Small and Medium Enterprise Association (SMEA) for Lilongwe chapter, Jacob Chikoya who works for Printers Systems said the group decided to invite MRA to enlighten them more on tax related matters because most of the businesses encounter a lot of challenges with MRA officers.

“In other words we would like to be more tax compliance without being penalized as it is the case right now.” he said, then added; “We are very satisfied with their response but listening to them presenting what tax is all about is not a big problem but the problem is only that the officers on the ground they make it difficult for us."

Chikoya has also urged fellow business persons to work together in order to have a better force when negotiating to Government and other enforcement agencies, various issues haunting their businesses.

“We also like to invite all the business people to come forward and join SMEA because we understand that if you have one voice and talking to Government and all other relevant authorities, we can achieve more” pleaded Jacob Chikoya 

Changes In Parliament: Full Day Wednesdays For Bills, Impeachment Procedures For Presidents Applys To Deputy Speakers

Legal Affairs Committee of Parliament has again made some significant proposals to ensure that the business of the House is conducted for benefit of Malawians.

The weeklong meeting of the Committee has mainly made changes that are minimizing amount of time wasted during the period of National Assembly Meeting. 

Chakhwantha

Chairperson for the Committee, Peter Chakhwantha said in an interview after finalizing the review exercise of some of Standing Orders that the changes made are of great significance.

“Of greater significance that so far, what we have done is to review areas that we felt that Parliament has really struggled in terms of its procedural matters." He said

"You recall that there was a time when the Speaker had bemoaned the fact that a lot of hours are wasted with some breaks in between the meetings and there was a need for us to relook into time schedules.”

Chakhwantha then disclosed that the Committee has discussed and agreed that the sitting for Wednesdays must start from 09:30 hours till 17:00 hours instead of starting from 14:00 hours as it is the case now.  

“Another thing for Wednesday is that we have decided that it will just be a day for bills, so, Government will be allowed to flood the House with many bills as they would want.” He said 

And for Thursday’s, he continued “is Private members day, but what we have noted is that Government would actually flood the House with a lot of business on Questions to Ministers for Oral replies, so, we have decided to scrap off that one and it will just be dedicated for Private Members Business. And by this we are talking about Private Members Motions, Bills and whatever any private member would want to bring. So effectively it is taking away that part where Government would still want to have a hand in the business of Thursday.”

Chakhwantha said since members come from far places, the committee has resolved to maintain time for starting business for Mondays which is 14:00 hours and that on Fridays time to adjourn the House remains at 12:30 hours to allow members travel back home in god time. 

“We have also looked into the issue of absenteeism. We have mandated the secretariat as our consultant to come up with stiff measures that are going to arrest this malpractice where members would pocket allowances and yet not attend the deliberations. So we are going to come up with proper measures to arrest that development.” He confirmed

Among others, Chakhwantha said the committee has also proposed that times for health breaks be minimized to allow more participation of members in debates as well putting in the Standing Orders the ‘Cluster System’ a newly adopted procedure for budget scrutiny.

On Impeachment of Deputy Speakers he said the Committee also come up with the impeachment procedures of Deputy Speakers by adopting and copy what is already provided under the procedures for the removal of Speaker and President. 

He mentioned that these procedures will be applied with emphasis on the “right to be heard first before one is condemned.”

He then clarified; “We started to discuss some of the procedures around this issue some time back in July 2015. It is mot true that we just started this because of some issues that happened with our current deputy speakers.” 

MPHIA Survey Researchers Struggling To Get Blood Samples From Some Participants-NSO

Isaac Chirwa: The prevalence is mainly in Towns

The National Statistical Office (NSO) has disclosed to the Parliamentary Committee on Nutrition, HIV and AIDS that the major obstacle in the ongoing survey ‘Population Based HIV/AIDS Assessment has been the unwillingness of some participants to allow researchers drawing blood samples from them.

NSO together with Centre for Social Research is carrying out two surveys in the country; Malawi Population Based HIV/AIDS Assessment (MPHIA) and Malawi Demographic and Health Survey (DHS).

Isaac Chirwa, Head of Demographic and Social Statistics Division at National Statistics Office (NSO) said although the study is going on smoothly, but the biggest challenge has been to convince some participants in the MPHIA survey that the blood samples being taken from them are for the noble cause.

“One of the major challenges is basically myths associated with drawing of blood. So, sometimes people will be unwilling to give their blood.” Said Chirwa in an interview after meeting with the Committee on Thursday 

“But we would like to implore the communities out there to understand that this is a Government sanctioned survey, and this information is going to help them as communities in the sense that Government will be able to do proper planning and come up with effective interventions for combating this HIV disease. So the communities are requested to be cooperative.” He pleaded

He disclosed that this challenge is generally taking place in both rural and urban areas as people believes the blood samples taken from them is going to be used in the wrong way.

“Actually I was even surprised that this problem is more prevalence in the urban than in the rural. People in the rural are even more cooperative than people in the urban.” Added Chirwa but said efforts are being made to civic educate people about the importance of the survey and a team is being sent ahead of the researchers to dispel fears people may have

Another problem that was noted but is said to be minor was difficulties in finding men in their homes during weekdays particularly in urban areas, but Chirwa said they are solving the problem by booking appointments with men during the weekends.

MPHIA study is among others mainly looking at population prevalence of HIV in the country, the efficacy of the HIV drugs that people are taking.

On Thursday, NSO was basically informing the committee about two surveys taking place in the country; Malawi Population Based HIV/AIDS Assessment (MPHIA) and Malawi Demographic and Health Survey (DHS).

The committee was informed of the objectives of the two studies and expected dates for the announcement of the results for the two studies. Chirwa said results for the DHS which has come to an end are expected to be out in May but for the MPHIA results are expected to come out probably in July or towards the end of the year. 

Both are random based national wide surveys targeting people of all backgrounds. However, MPH is mainly targeting almost all age groups while for DHS is only targeting the people age between 15 to 64.

Industrial Hemp First Trial: Shows The Plant Is Harmless, Can Be Grown In Malawi

Industrial Hemp trial field 

Preliminary findings from the first round trial of growing Industrial Hemp and identification of varieties of low THC (Tetrahydrocannabinol) has proven that Malawi is suitable land and that five cultivars used in the trial have very low THC. 

THC an active ingredient in marijuana (chemical element that drives people high when they smoke tobacco or ingest alcohol in other words it is the chemical responsible for most of marijuana's psychological effects.)

Presidents Will No More Sit On Speaker’s Chair-Legal Affairs Committee Proposal

No more sitting on this Chair again 

The very long tradition of having President taking seat on the Chair of Speaker of the National Assembly when opening the new Session and Budget Meetings will soon come to an end if the new amendment proposal by Legal Affairs Committee of Parliament is adopted by the House.

Process of enhancing procedures of calling President to respond to members questions and question times for President after delivering the State of National Address in the House has necessitated the Presidents sitting changes. 

Proposed amendment by the Committee will require President take seat on a newly allocated place while speaker still maintains his Chair so that he remains in control of the House.

Current sitting 

Proposed change on Sitting 

Current practice, Presidents take seat on the Chair of the Speaker and remain seated until finishing delivering the State of National Address and leaves the House while the Speaker seats on a new allocated place.

Chakhwantha

“You know that there is the need for President to be coming to Parliament to answer questions, and if we could not think about where he will be sitting, there would have been some complications whereby members of Parliament will fail to engage with the President.” Explains hon. Peter Chakhwantha, Chairperson for the Committee

“Because, once the Speaker leaves that chair, that means whoever sit on that, takes control of the House and if the President continues to sit on that seat, that means he will be the one deciding the game.” He said 

“So, we felt that the President should have his own seat and the Speaker should maintain that seat so that he is in charge of the House.” 

This new arrangement further means that the Speaker will during question time remain in control of taking questions on behalf of president for him to respond, taking point of orders and supplementary questions and make usual guidance of the House.

“So, if we were to leave matters as they are that means it would have been the President choosing who should ask him, and who should get answer from. So, we have done it in a way that President should come to Parliament but will have a reserved seat, while the Speaker, being the head of Parliament will still being in control of affairs.” Added Chakhwantha

President Treatment When In Parliament

When President enters the Chamber, takes the Seat of the Speaker and signal the House to take seat by saying “Pray Be Seated” and takes the Chair

After delivering the State of the National Address, Speaker seating at some reserved place, rises and makes some announcements after which he says “It is now His Excellency the President’s pleasure to take his leave (of the House)” and adjourns the House to the next sitting day.

Before President enters the Chamber, the House firstly convenes for short period of time which the Speaker after announces Business of the Day’s Sitting suspends proceedings until President takes his Chair in the Chamber. 

Privileges Committee Of Parliament Consults Court On Application Of Contempt’s

Privileges Committee of Parliament on Friday, saught legal guidance from the Judiciary on how it can legally execute some of its functions particularly on matters of Contempt of Parliament Act.

The Committee wanted to hear from courts how they handle cases on the contempt of court so that same rules can be applied by the committee when resolving issues that contravene the parliamentary privileges.

Chigona

Joseph Chigona, Registrar of the High Court and Supreme Court confirmed the development immediately he finished meeting with the Committee on Friday.

“The issue for discussion today was on contempt of court” He said 

Mzomera

But the Chairperson for the Privilages Committee, Rev. Christopher Mzomera Ngwira described the meeting with the Registrar as moment of borrowing a leaf from the judiciary and said “We have learnt a lot.”

“The main issue of summoning the registrar to appear before the Committee of Privileges is because this is a newly formed Parliamentary Committee which is mandated to look into the welfare of the members of Parliament and all staff working here. 

Now, there is Contempt of Parliament Act here and in courts there is Contempt of Court. So, we wanted to know from them as to how they deal with someone found to have been in Contempt of Court, what punishments and how do they apply such punishments. So, this Committee will be dealing with the very same issues so we wanted to borrow leaf from them.” He said 

Ngwira mentioned that his Committee is mandated to be handling; conflicts among members of Parliament, conditions of services, privileges, bleach of privileges like summons and arrests for parliamentarian during the Meeting of National Assembly as well as handle issues of absenteeism among legislatures as some of the issues that require legal help for them to appropriately apply appropriate action.

“This is what indeed we needed to learn from our courts as well, what is it they should expect us to be doing so that we should also have a limit because there is separate of powers between parliament and law enforcers so we wanted to get that guidance.” Said Ngwira

“So you will see that this is a very serious issue, that needed courts to civic educate us so that what we will be doing should have a backing from the legal perspective because sometimes you can take an action and resulting a member rushing to court to get an injunction. So we want to do things with confidence that we are doing the rightful thing. “ he added

Committee Concludes Enhancement Of Laws On Calling For Presidents To The House

Legal Affairs Committee of Parliament has finally finished with an excercise of enhancing into the Standing Orders, laws for calling President to Parliament.

The Committee was mainly outlining in the Standing Orders the existing two Constitutional provisions Section 89 (3)(c) and 89 (4) that outlines procedures for the time the President is supposed to come to Parliament and called to answer questions from members.

The Committee decision to incorporate the laws into the Standing Orders is basically to help legislatures to correctly refer to each provision and know when to use them when calling the President to the House to respond to their questions.

Chakhwantha

Peter Chakhwantha, Chairperson for the Legal Affairs Committee explains; "What the committee has done is to make sure that the two have been clearly spelled out as separate provisions which also require different manner of being handled. So what we have done is put in black and white that this should be done this way and the other section be handled in this way.”

Under section 89 (3) (c), it is mandatory that before the House consider budget, the president should come to answer questions and policies of Government. And therefore, where the president is required to respond to questions in accordance with the provision, President may not delegate such functions to a member of the Cabinet. While section 89 (4) President can be summoned at any time by the motion of the House, however, during that time President can delegate a Cabinet Minister. 

At present, the President comes to the House for the opening of Budget Meeting and New Session of National Assembly to deliver State of National Address and after finishing, the President’s take leave of the House without being asked and it is difficult for members to call President to the House to respond to their questions.

But outlining of these laws into the Standing Orders will result in a slight change of the Programme of opening of the Budget Meetings as immediately when the President finish delivering State of National Address will follow question time from members for the President to respond.

"To make sure that we seal all loopholes that one would want to take advantage of, we have tried to put some procedures that will commensurate with the other section 93, because remember there are two sections there. The other one deals with President when he finishes addressing the Nation, but the other one is where you give 21 day notice to the President with the question that you want to pose and for him to come to respond to that which we just noticed of late that Presidents want to delegate most of these answers." Continued Chakhwantha

Chakhwantha then said by clearly outlining the two legislations into the Standing Orders will remove unnecessary confusions that have prevented members from inviting the President to answer their questions.

"There was no such confusion, but maybe it was deliberately created to wear that face of confusion. The law is very clear, the president is supposed to take questions from members of Parliament once he finishes delivering State of National Address."  He said, "But what happened that time, there was no need for us to go back to Standing Orders and work out as if these things are not yet provided in the laws of Malawi."

He then emphasized that the National Assembly needs President because some of the questions members have, were already attempted by Ministers and they preferred to defer them to have the Head of State consulted. 

"So, where they would say they would rather consult President in that scenario we would actually just ask the President to come. Where he has to delegate there must be sufficient reasons that can convince us.” he said 

During the just ended Meeting of the National Assembly, five legislatures who include Leader of Opposition and President of Malawi Congress Party, Lazarus Chakwera failed in their attempt to force President Peter Mutharika to appear in the House to answer their questions as it was noted in the House that legislatures had wrongly quoted the provisions.

Procedures Of Asking President for Oral Replies 

Current Standing Orders had only recognized Section 89 (3) (c) of the Constitution of the Republic of Malawi that states “The President shall each year… attend Parliament and shall… respond to questions”

The Standing Order sets therein procedures for asking questions to the President which are regulated by the Standing Order 50 (3) (b) as follows.

• Members intending to ask questions to the President will submit notice of their questions to the Office of the Speaker. But the question should not; be excessive length, involve more than one ministry, include names of persons unless necessary, include offensive expressions and include any statement of fact unless the question is unintelligible without it.
• The question will be sent to the Office of the President and Cabinet to prepare the responses and that questions addressed to the President are taken on Wednesdays.
• In asking the question, the Speaker firstly calls out the question number and then constituency name of the member before calling upon President to provide the answer to the question. But another member is not allowed to ask the question on behalf of the owner of the question.
• If the question has been asked but the reply is not given, then the question may be carried forward to the next time when the President is called again by the House to answer the questions and the carry over question shall take precedence over all fresh questions on the Order Paper of that day.
• Any member may ask a supplementary question directly arising from the original question for purpose of elucidating any matters of a fact on an answer which has already been given. And a Member may withdraw one’s own question either before the question is placed on the Order Paper or when the question is being asked in the House.