Reckless Driver Fined K450 thousand

Kasungu First Grade Magistrate Court has sentenced a 30 year old man to pay a fine of K450,000 (four hundred and fifty thousand kwacha) in default 18 months imprisonment for reckless driving causing the death of a 31 year old passenger.

Mr. Goodwin M’gawa aged 30 from Enukweni village T/A Mtwalo in Mzimba district was answering charges of reckless driving following the accident which occurred on early this month when his vehicle overturned killing one of his passengers as he was trying to overtake another vehicle.

According to Kasungu Deputy Public Relations Officer Sub Inspector Edna Nzingwitsa the deceased was identified as Shadreck Zimba aged 31 from Mtondo village T/A Kaomba in Kasungu district.

Goodwin appeared before Kasungu First Grade Magistrate Court on the Thursday where he pleaded guilty to the charge of causing death by reckless driving.

When passing the sentence, First Grade Magistrate Damiano Banda said such accidents have increased in Kasungu district and his judgement serves as a lesson to other drivers.

When the driver pays the fine a sum of K400,000 will be given to the family of the deceased as compensation.

Reckless or negligent driving is contrary to section 126 of Road Traffic Act.

Two Kasungu Men Sentenced To 10 Years For Defilement

It seem issues of defilement refuse to die in Malawi, as Kasungu First Grade Magistrate Court on Friday sentenced two men to stay for ten years imprisonment  for defiling little girls.

According to Kasungu Public Relations Officer Inspector Edwin Kaunda two young men  Frank Nyirenda aged 28 who defiled a 12 year old girl and John Magombo aged 30 who defiled a 14 year old girl are to remain behind bars for ten years.

According to Inspector Kaunda,  the two had in their separate incidences defiled the girls and and appeared before Kasungu Court to face justice.

Kaunda said Nyirenda attacked the girl (name withheld) by dragging her to a bush at place which is between Lukwa Trading Center and Mwimba village. On this day the girl was on her way to a maize mill. 

In similar incident John Magombo defiled a 14 year old girl. Magombo who worked for the father of the girl, coaxed the girl to escort him to Chinkhoma Trading Center where he defiled her.

Appearing before Kasungu First Grade Magistrate Court on Thursday both pleaded guilty to the charges of defilement.

In passing the sentence on Friday His worship Damiano Banda while observing that cases of defilement are so rampant in Kasungu district emphasised that the two needed stiffer punishment to protect the society and send a lesson to would be perpetrators. 

Some few days ago, a 28-year-old teacher from Mingu Primary School in Ntchisi has been sentenced to 50 months imprisonment with hard labour for defiling a 14-year-old girl who was in standard eight.

Ernest Banda,  a 48 year old teacher at Mziza Secondary School is also expected to answer charge of defilement of a 14 year old imbecile,  contrary to section 139 of the Penal Code.

Kasungu Police Public Relations Officer,  Inspector Edwin Kaunda said the teacher, a Seventh Day Adventist, invited in his house the fellow church member (14 year old girl) and defiled her.

Malawi Abortion Law Slightly Changed

• The Future Legislation Proposes Grounds for lawful termination of Pregnancy

• Termination of Pregnancy be done at certified service provider and service points

• Any abortion outside proposed grounds remain criminal

Some of the Commissioners for the Abortion
Law Review 

The Special Law Commission on the Review On Abortion Law resolved and agreed that the law be liberalised (that is, conditional relaxation of the restrictions) as opposed to decriminalisation to cater for certain justifiable instances where termination of a pregnancy should be permissible.

“The position of the law is that abortion is illegal in Malawi except where it is performed to save the life of the pregnant woman through a surgical operation.” Said Justice Esme Chombo chairperson for the Special Commission at a pressbriefing on Friday night in the Capital city, Lilongwe

Justice Esme Chombo

“The Penal Code criminalises all such acts of procuring or assisting in the procuring of a miscarriage of a pregnant woman. Anyone found guilty of such offences is liable to serve a prison sentence ranging from three to fourteen years.” She said

Chombo then said on the basis of this recommendation, the Commission proceeded to identify the grounds to justifying the termination

Reviewed Law on recommends that, termination of pregnancy be performed only for certain justifiable instances; particularly to save the life of pregnant woman, or if there is malformation of the foetus which will affect its viability or compatibility with life as well as where the pregnancy is as a result of rape, incest or defilement.

Proposed Legislation on Abortion Clear On Conscientious Objection

The Special Law Commission on the Review On Abortion Law says the health-care providers should have the right to conscientious objection subject to the limitations.

Commissioners for Abortion Law Review 

Apart from touching on proposed grounds for lawful termination of pregnancies as well as proposed service providers and service delivery points, the newly proposed Legislation also set out recommendations for the health-care providers once they have ‘Conscientious Objection’ on termination of pregnancy.

Special Commission Chairperson Justice Esme Chombo, said the Commission observed that “principles of religious freedom” protect physicians, nurses and others who refuse participation in medical procedures to which they hold conscientious objections. In addition, she said, international and national law in most countries including Malawi (Section 33 of the Constitution), guarantees the right to freedom of conscience, religion, belief and thought.

“Patients as well as physicians may appeal to conscience in refusing treatment or procedures.” Said Chombo when delivering the findings and recommendations on Friday “Abortion remains one of the most morally and ethically sensitive issues in medicine and many doctors have opted out of performing terminations because they do not agree with the procedure.” 

However, the Commission still encourages certified health institutions and well trained health service providers who may refuse “on moral or religious grounds” to terminate pregnancy to find other ways of assisting the woman who deserve to have her pregnancy terminated.

“Based on this, the Commission found it necessary to address the issue of conscientious objection upon the revelation that sometimes it has been used outright to deny women access to legal medical services including termination of pregnancy and also because it is an internationally recognized human right for health care personnel.” Said Justice Chombo

Justice Chombo said, the Commission recommends that; if a health service provider refuses to provide legal abortion services having registered a conscientious objection, that provider must refer the pregnant woman to a practitioner who is willing to perform the abortion.

She also said health service providers, regardless of their religious or moral objections, have a duty to perform an abortion if the woman will suffer adverse health consequences if the abortion is not promptly carried out.

Furthermore, the commission recommends that service providers must provide women seeking to terminate a pregnancy with information on legal termination of pregnancy services and that it is only health service providers who are directly involved in the provision of abortion that may object to providing the procedure.

Commissioners for the Abortion Law Review 

The work of the special Law Commission on the Review On Abortion Law started in June 2013 following high prevalence of maternal mortality in Malawi and identified unsafe abortion as one of the major contributing factors to this problem. 

Unsafe abortion are common in Malawi particularly among poor women and girls due to restrictive law on abortion and the criminal sanctions that follow.

This special Law Commission was appointed under section 133 of the Constitution and the membership of the Commission comprised representatives from the Ministry of Health, the Judiciary, the Episcopal Conference of Malawi, Malawi Council of Churches, Muslim Association of Malawi, Traditional Leaders, the Law Society, Ministry of Justice and the Malawi College of Medicine.

The Commission’s findings and recommendations are contained in a Report which the Commission will submit to the Government. Further, contained in the Report is proposed legislation entitled Termination of Pregnancy Bill which the Commission commend to Parliament and the people of Malawi for enactment into law


Read the full report for the Review On Abortion Law

Standard Bank Introduce ‘Be Your Own Bank Promotion’

Standard Bank Capital City Branch

Standard Bank launches ‘Be Your Own Bank—Transact & Win’ promotion for existing Current Account Customers and those opening Current Account with complete Internet Banking service option.

The Bank announced that Customers stand a chance of winning K1 million grand prize and K5 hundred thousand for runner-up and many other fabulous prizes up for grabs during fortnight lucky draws.

Launching the promotion, Standard Bank’s Sales and Customer Experience Manager, Frank Chirwa said the promotion aims at empower customers to be their own bank managers by conduct Current Account transactions using bank’s Internet Platform.

Frank Chirwa

He said Current Account customers registered on Internet Banking must transact a minimum of four times every two weeks, and have higher chances of winning with more transactions.

The promotion the promotion which runs from 17th July to October 30, 2015, enables Current Account customer transact virtually from their phone or computer using Standard Bank’s Internet Banking platform.

“We are trying to focus on the customer to make sure that whatever they do on the internet banking is rewarded.” said Frank Chirwa

“We are looking at customers that are new to the Bank. There are some customers that are already with us but don’t have internet bank while others have internet banking but they don’t use it, so we are trying to encourage those to make sure that they are able to use our platform.” Added Chirwa

He also assured that the Standard Bank internet banking is; reliable, smart, safe, secure and fast convenient since customers can transact at any time and from anywhere without them physically visit the bank.

“Our system is accredited globally and is managed by our team in South Africa Center” he said

“It has taken years of careful planning and continuous improvement of our digital banking platform with the objective of giving customers peace of mind, security and flexibility, the same leverage enjoyed by all our customers globally” said the Sales and Customer Experience Manager

He said customers will get trained on transacting using internet banking and will be followed up after two weeks.

‘Be your own Bank-Transact & Win’ is the third initiative from Standard Bank under the financial institutions digital offering this year. The others are deposit-taking ATMs and ATM card-based Swipe for customers shopping at a leading retailers and service providers.

Fast Facts on the ‘Be your own Bank-Transact & Win’

The third place winner will walk home with a DSTV Explorer plus a month’s subscription. Other fabulous prizes up for grabs during fortnight lucky draws are in the promotion are Samsung Galaxy S6, flash discs, caps and T-shirts. Promotions runs from July 17 to October 30th, 2015.

To stand a chance of winning existing Current Account Customers need to register for Internet Banking while potential ones should open a Current Account complete with the Internet Banking Service option.

The customers must ensure to transact a minimum of four times every two weeks, and the more transactions one conducts, the higher their chances of winning.

With this internet banking system, there is no time for queuing to check your balance and pay bills at Standard Bank, a customer need just to press a button.

Airtel Malawi Donates K4 million to Malawi Marketers

Francis Matseketsa (Left)Francis Moto (right)

The Chartered Institute of Marketers (CIM), Malawi Chapter has received a sum of K4 million from Malawi’s leading mobile telecommunications operator, Airtel Malawi.

The funds will go towards The 2015 CIM Malawi’s annual conference to be held in September this year at Sunbird Mkopola Lodge in Mangochi.

Speaking when presenting the cheque in Lilongwe, Airtel Money country director Francis Matseketsa said the donation was a token of appreciation for the role marketer’s play which includes business promotion.

He also stressed that the donation is centered around creation as well as foster partnership between marketers and Airtel Malawi’s products like Airtel money.

“Without marketers, there would not be anything competitive process of creating customer interest in goods or indeed services.” He said 

Added Maseketsa, “Without marketers there would not be any channel to build strong customer relationships and create value for customers and individual service or goods providers” 

The Airtel Money country Director, further noted that this year’s CIM conference deserve support from Airtel because marketers will use their conference to market some of Malawi’s potential areas for investment. He said that is in line with key fundamentals that Airtel Malawi promotes through its range of services for the growth of Malawi’s economy.

Matseketsa added that the CIM conference is significant as it will bring together different marketers to deliberate on issues that advocate for the sanity, integrity and promotion of the dynamic marketing profession. 

Moto (right) Matseketsa (left)

CIM Malawi chapter director, Francis Moto, says the money will go a long way in assisting the September conference. He also said CIM plans to build a class room block in Mangochi as its corporate social responsibility.

MAREP Phase 8 Meets Requests From Legislatures

• The project began in 1980s to promote economic activities for rural trading centres 

• MAREP 8 Target to electrify 81 Trading Centre’s and dditional 60 Centre’s For Step Down Transformers

Hon Msaka

The Malawi Rural Electrification Project (MAREP) phase 8 begins later this year, Government says areas prioritized for electrification includes those that were requested by members of parliament and local contractors will implement the project.

Phase 8 ending in December, 2016 targets a total of 81 trading centre’s, three rural trading centre’s per each district (Know target areas here and full statement)

Minister of Natural Resources, Energy and Mining, Hon Bright Msaka told news conference in Lilongwe on Thursday that approximately 60 to 70 trading centre’s passed through by the power lines will also get Step Down Transformers.

The total project cost is estimated to K12.1billion against K8.3 billion for MAREP 7.

“In my responses to requests from Members of Parliament, I have been telling them that their requested sites were either already planned to be implemented in this Phase 8 or are in the MAREP Master Plan, ready for implementation in later phases.” said hon Msaka

“I would like to assure that this phase, will answer most requests from members of parliament. But many others will have their requests answered in upcoming phase” he assured

The Natural Resources, Energy, and Mining Minister explained that criteria used to identify the beneficiary trading centre’s was robust and from Rural Electrification Master Plan.

He also said the criteria further took cognizant of district’s; size and population, rate of electrification and number of trading centre’s demanding for electricity.

“Every centre that is within the 81 centre’s under MAREP phase 8, there is no dispute whatsoever that the merit and deserve to be electrified. And therefore the selection process is both robust and sacrosanct.” He said

Additionally, Hon Bright Msaka indicated, 60 to 70 trading centre’s will benefit from Step Down Transformer programme. He said this shall mean, each district will have two more trading centre’s electrified.

He said consultations are being done to identify those step down trading centre’s and assured that similar robust identification process will be done.

Among other considerations, he clarified “These 60 to 70 drop down centre’s, will not be on the basis of the equality per district but, will be on the demand and equity depending upon the size of the population per district”

Hon Msaka further mentioned that local contractors will be engaged to implement the project because they have achieved efficiency in previous phases. He added that materials will also be procured locally.

MAREP began in 1980s with an aim of promoting economic activities in rural areas. However, demographic, geographic and economic disparities pose a huge challenge to the successful implementation of the programme.

Malawi is failing to meet its growing demand for electricity because currently it has installed capacity of 351.75 Mega Watts against the demand of 800 Mega Watts. The country’s electricity rural penetration is at 2 percent while the national average is 9 percent.

But Msaka said Malawi is determined to meet SADC region average of 39 percent in 5 years time and that Government is committed to increase electricity capacity through involvement of Independent Power Producers (IPPs) who will generate electricity and inject it into the national grid through Power Purchase Agreement (PPA) with ESCOM.

Know target areas here and full statement)

109 CSOs Demand Justice On Al-Bashir Arrest Foil In South Africa

Over one hundred Civil Society groups asks Courts of South Africa to establish accountability and the government to investigate circumstances that allowed Sudanese President Omar al-Bashir leave the country in defiance of Pretoria Court order of his arrest.

President al-Bashir wanted by International Criminal Court (ICC) was in South Africa from 13-15 June for an African Union Summit. 

The 71 year old Sudanese President flown home from South Africa in defiance of Court order that he stay to face arrest.

South African Government, party to the Rome Statute of the (ICC) was required to facilitate the arrest and surrender President al-Bashir to The Hague for charges of genocide, war crimes and crimes against humanity in connection with the conflict in Darfur.

Failure to arrest al-Bashir worries 109 civil society groups, from across the globe, working on international criminal justice and human rights.

They have expressed “deep disappointment” with the actions of South African officials in allowing Sudanese President, to depart the country in defiance of a court order and South Africa’s international legal obligations.

“We noted with deep concern reports that rather than arresting President al-Bashir, South African officials apparently allowed him to leave the country in direct defiance of the order by the Pretoria High Court.” Reads the Declaration dated 11th July 2015 signed by 109 CSO groups Read full Declaration

“The actions pose serious consequences for the independence of the judiciary in South Africa and demonstrate a flagrant lack of respect for the rule of law and the rights of Darfur’s victims to have access to justice.

Adds the letter; “South Africa’s domestication of the Rome Statute of the ICC makes the government’s failure to arrest President Omar al-Bashir a contravention of domestic law as well.” 

From Malawi, five CSOs have signed the Declaration including Centre for Human Rights and Rehabilitation (CHRR) and Centre for the Development of People (CEDEP)

Gift Trapence

“We are all saying that South Africa Government should comply to the international human rights standards. If they are party to international agreements they have to respect those agreements” said Gift Trapence Executive Director for CEDEP

“These international instruments that countries are party to, have no borders and human rights issues these are universal, there is no border in terms of application.” He said “This is why as civil society we are raising this issue at both local and global level.”

Trapence emphasized that this Declaration also sends message to all countries to comply to international human rights instruments.

“Whenever countries are party to international human rights instruments they need to comply” He said 

“The instruments of the laws that we have, should not be applied selectively. We have to make sure that even African governments are able to comply with those international human rights mechanisms and in this case it is Rome Statutes.” He added “And we are also urging even Malawi to be exemplary to comply and ratify human rights instruments that it hasn’t ratified.” 

Trapence also urged African governments to stop giving immunity to the sitting presidents who commits atrocities against its citizens and that African Union should also look at this problem.

Among others, the Declaration signed by 109 CSOs, call on the Assembly of States Parties of the ICC to take appropriate action to address non-compliance by South Africa and other States who breach their obligations of cooperation and assistance under the ICC Statute. 

It further demands all responsible to be brought to prompt justice, including for contempt of court. Read full Declaration