Former President Peter Mutharika and former Secretary to the President and Cabinet Justice Lloyd Muhara ordered to pay K69 Million on attempting to dismiss Chief Justice Andrew Nyirenda

Chief Justice Andrew Nyirenda.

The High Court in Lilongwe has ordered former President Peter Mutharika and former Secretary to the office of President and Cabinet, Lloyd Muhara to pay costs amounting to a total of K69.5 million to the applicants in the Chief Justice case.

The ruling states that the first applicant, Human Rights Defenders Coalition (HRDC) and the second applicant Magistrates Associations of Malawi is to be paid K26 million whereas the third applicant (the Malawi Law Society) is to be paid K43 million, within 14 days.

The two defendants were found guilty of trying to send onto forced leave Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea, pending their retirement in June last year after the Chief Justice sitting in the Supreme Court of Malawi had upheld a historical Constitutional Court Election decision of the High Court, which ruled in favour of the then opposition leaders, Lazarus Chakwera and Saulos Chilima, nullifying the May 2019 Election results.

Khumbo Soko, one of the lawyers for the applicants said that the case had set a new legal precedent and that public officers in Malawi will from now onwards be personally liable for costs of their misconduct.

“A message has now been sent that there will now be personal costs for constitutional delinquency. This is a warning to those holding public offices that a day of reckoning will surely come.”

– Khumbo Soko

Judge Charles Mkandawire who presided over a judicial review of the case in his earlier ruling ordered that Peter Mutharika and Lloyd Muhara should be personally liable to pay the costs.

It will be interesting to see how this precedent is applied going forward in subsequent cases, since in the past Malawi has had quite a number of instances when public officials have acted in a manner that is unlawful, and that has ended up costing the country’s public purse millions of kwachas in court settlements/ court awards, while escaping personal liability. This judgement appears to put a stop to that practice.

Growing African economies that will work for African people

African market
Women at an African market

Tanzania just announced that it will dump English as its official language in schools, opting for Kiswahili instead. This morning, I read this article that somehow appears to suggest that this is a bad idea.

I must say I disagree, and below I’ll try to explain why.

When the colonial powers came to Africa, one of the first things they did was to impose their own languages as the language of learning in their territories. France imposed French in the various west African territories it colonised, Portugal imposed Portuguese, Holland imposed Dutch and Britain imposed English and so on. This had the effect of dividing communities which were otherwise related. The overall effect was to stop any hope of large countries the size of the Democratic Republic of Congo from ever emerging out of Africa. It was divide and rule of the purest form. Fragmentation – a cruel tactic designed to tie the future of those then colonies forever to the colonial powers.

So the english taught was not necessarily to be a conduit of knowledge transfer that would empower the colonies as some people would have you believe. Instead, it was a move to make sure that schools produced compliant subjects which could easily be manipulated, and do the bidding of the colonial masters in Europe.

And that is reason enough in my view for Tanzania to change the official language to Kiswahili, because the motive of colonised Tanzania having to communicate in foreign languages was entirely driven by foreign interests.

Secondly, groups of people often associate and define themselves as an ethnicity on various terms, but one of the most common denominators, other than ancestry is language. You identify as Chewa because your parents are Chewa and they spoke Chichewa, they lived in the land of the Chewa, their village was in the Chewa belt. Therefore you are Chewa.

This is the norm, not the exception.

So as Tanzanians, the question which the above article answers is that Kiswahili is a unifying force in Tanzania. It holds together the people, even though they are made up of 130 different ethnicities.

So why then should they conduct their lives based on an imported language when they have a language of their own?

Who’s interests does having English as an official language of education ultimately serve?

Why teach in English when students could learn in their own African language? Are people not proud of being African?

If the US, Britain or Spain is unlikely to begin teaching their students in Nyanja or Kiswahili which are African languages, why is it somewhat acceptable or expected for Africans to teach their students in foreign languages?!?

In any case, shouldn’t Tanzania develop an economy that first and foremost works for Tanzanians (if you can allow me to temporarily step out of my usual Pan-African shoes), people who are citizens of a sovereign country?

In the above article, the author quotes Ahmed Salim, a senior Associate at Teneo Intelligence, a political risk consultancy that works with U.S investors, who makes what I consider to be a hopelessly narrow-minded point:

However, in terms of overall impact, the main challenge will be felt long-term when companies set up shop in Tanzania and are left with hiring staff that are either bilingual Tanzanians or from neighboring Kenya or Uganda. This will somewhat hinder Tanzania’s competitive advantage in the future.”

Now, I’m not saying they should stop teaching English altogether, or that English isn’t an important international language. That’s not what I’m saying. Instead the argument for English is tied to this over-emphasis on foreign investment (money coming from the outside of Africa) to help and rescue Africans, to give them jobs and create an economy – as if Africans themselves couldn’t use their own resources to create economies that work for the benefit of African countries.

Tanzania has many natural resources including natural gas (See the following links Tanzania’s Natural Gas Reserves Almost Triple on New Finds ; Statoil makes another natural gas find offshore Tanzania ;  BG Group touts Pweza as its largest Tanzania gas find ). The country’s economy is growing at a rate of 7% which is quite high and above the international average. If those resources are utilised properly by the government of Tanzania for the benefit of the country’s citizens (as opposed to liberally auctioned-off to the highest corporate bidder) they could be a source of some serious economic development that would create jobs for young Tanzanians, investment into security, and used for infrastructure development, investment in Education, Healthcare and women’s issues.

That investment, derived from wholly Tanzanian owned resources, could be a serious game changer if utilised wisely.

But if some corporation is allowed to own a majority stake, or lions share of Tanzania’s Natural Gas resources, I can tell you now what difference it will make to the Tanzanian economy in the long run:

NONE.

The profits that corporation makes will be wired out of Tanzania to already developed and rich countries. Countries that needs the benefit of the resource much less, and that have billions in cash reserves to fall back on. And those profits will find their way into the fat pockets of already rich shareholders in those rich countries. Ultimately such funds will trickle down to contribute to the tax system of those already rich countries, benefitting their economies.

Meanwhile, poor Tanzanians already struggling with poverty, low incomes, unemployment, high cost of living, government corruption, who do not own property, poor healthcare in hospitals and the lack of medicines, no electricity in most areas, deforestation, poaching and lack of clean water in the villages will not have benefitted proportionately from such natural gas deals. Instead they will have to continue receiving handouts, breadcrumbs from aid organisations – when their country possesses the natural resources that could be used to create wealth for them…all just because of greed of some corporations

How absurd and stupid is that?

So the scare mongering self-serving attitude against Tanzania choosing to teach their students in Kiswahili is wrong, It’s anti-African and I vehemently disagree with such dishonest views.

Africans and other developing countries have been stamped on for too long. We must end this corporate driven theft and madness and begin to create economies which are designed to serve and benefit us as Africans, just as others have been building economies to benefit their own economies, and their own people.

Wall Street isn’t happy with us

This article, a blog post by Senator Elizabeth Warren titled Wall Street isn’t happy with us is interesting and reveals the kind of greedy system the free world is up against. These people care only for profit…and sadly they have too much influence and control over the financial markets and capital that their decisions can affect things.

I’m very much inclined to replicate Senator Warren’s words on this blog:-

In 2008, the financial sector collapsed and nearly brought down our whole economy. What were the ingredients behind that crash? Recklessness on Wall Street and a willingness in Washington to play along with whatever the big banks wanted.  

Years have passed since the crisis and the bailout, but the big banks still swagger around town. And when Citigroup and the others don’t quite get their way or Washington doesn’t feel quite cozy enough, they quickly move to loud, public threats. Their latest move is a stunner. According to Reuters:

Big Wall Street banks are so upset with U.S. Democratic Senator Elizabeth Warren’s call for them to be broken up that some have discussed withholding campaign donations to Senate Democrats in symbolic protest, sources familiar with the discussions said.

Citigroup has decided to withhold donations for now to the Democratic Senatorial Campaign Committee over concerns that Senate Democrats could give Warren and lawmakers who share her views more power, sources inside the bank told Reuters.

JPMorgan representatives have met Democratic Party officials to emphasize the connection between its annual contribution and the need for a friendlier attitude toward the banks, a source familiar with JPMorgan’s donations said.

That’s right, the biggest banks on Wall Street have made it clear that they expect a return on their investment in Washington. Forget making the markets safer (where they can still make plenty of money) and forget the $700 billion taxpayer bailout that saved them and forget the need to build a strong economy for all Americans. Forget it all. The big banks want a Washington that works only for them and that puts their interests first – and they would like to get a little public fanny-kissing for their money too.

Well forget it. They can threaten or bully or say whatever they want, but we aren’t going to change our game plan. We do, however, need to respond.

According to this breaking news, our 2016 Democratic Senate candidates could lose at least $30,000 because of this decision. Can you help us raise $30,000 to match Wall Street’s money right now – and keep fighting for a Democratic Senate that will work for people instead of big banks?

Now let’s be clear: $30,000 is a drop in the bucket to JPMorgan and Citigroup. Heck, JPMorgan CEO Jamie Dimon makes more than $30,000 in just a few hours.

The big banks have thrown around money for years, spending more than a $1 million a day to hold off Dodd-Frank and the consumer agency. But they are moving out of the shadows. They have reached a new level of brazenness, demanding that Senate Democrats grovel before them.  

That kind of swagger is a warning shot. They want a showy way to tell Democrats across the country to be scared of speaking out, to be timid about standing up, and to stay away from fighting for what’s right.

Ok, they have taken their shot, but it will not work.

I’m not going to stop talking about the unprecedented grasp that Citigroup has on our government’s economic policymaking apparatus. I’m not going to stop talking about the settlement agreements that JPMorgan makes with our Justice Department that are so weak, the bank celebrates by giving their executives a raise. And I’m not going to pretend the work of financial reform is done, when the so-called “too big to fail” banks are even bigger now than they were in 2008.

The big banks have issued a threat, and it’s up to us to fight back. It’s up to us to fight back against a financial system that allows those who broke our economy to emerge from a crisis in record-setting shape while ordinary Americans continue to struggle. It’s up to us to fight back against a regulatory system that is so besieged by lobbyists – and their friends in Congress – that our regulators forget who they’re working for.

Let’s send the biggest banks on Wall Street our own message: We’re going to keep fighting, and your swagger and your threats won’t stop us. Help us match their $30,000 right now.

They represent everything that is wrong with capitalism, their behaviour is contemptible…and the words of Senator Warren proves it.

Frankly, after the 2008 credit crisis which has affected economies across the world, and hurt those at the bottom of the economic pyramid – almost everywhere, the world doesn’t need charlatans like these banks. If you can, please support Elizabeth Warren’s campaign because she is one of only a few legislators who are genuinely working for the people.

Finally, if they have the brazeness to treat the American people with so much contempt, after receiving a $700 billion bailout package from them, how do you think they (and their institutions) will treat Africans, and African governments?

One killed and many injured in land resettlement fracas involving Mota Engil

Barely a week after the Times run a story about Mota Engil’s proposed 5-star hotel in Monkey Bay in Mangochi, the newspaper has reported that a man has died and several others were injured on Tuesday in a fracas over the issue:

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Nyasa Times put the dead toll at two people. Malawi News 24 reported that nine people had been injured.

The dispute (also mentioned on the Times Facebook page here) concerns the resettlement of villagers from land (said to be in the region of 100 hectares) to make way for a the construction of the hotel and golf course. The villagers claim the government didn’t consult them when selling the land to Mota Engil, and that their rights have been breached. Further they claim that the chief, Nankumba, is corruptly implicated in the scheme.

Land grabbing and forced eviction disputes are common across Africa (see the following links: Brazil’s big landowners have far too much power | Who Owns the Land? Cameroon’s Large-Scale Land-Grabs | Tanzania evicting 40,000 people from homeland to make room for Dubai royal family – Salon.com | Villagers, the big losers as land is ‘grabbed’ for development | Ethiopia’s land grab nightmare of the Suri People ~ Horn Affairs), and usually they follow a similar pattern that pits the power of the government in concert with rich corporations against defenceless and voiceless communities.

A government will decide to commercialize a large chunk of land for a project, be it agricultural (e.g. a sugarcane plantation) or industrial in nature. They approach the villagers, but because there is very little incentive to adequately compensate them, or not enough effort to explain how the sale of the land will benefit the villagers, and because of the corruption involved, the villagers will refuse to be resettled. Thus after varying degrees of negotiations or coercion, the military, police and sometimes armed militia are recruited to forcibly remove the people. Bulldozers move in, buildings are demolished, sometimes burnt, those who resist are arrested and sometimes imprisoned, and very little is done to help the people whose land has been forcibly taken. Often the communities never get to receive any material benefit from the sale of their land. Talk of taking advantage of defenceless people.

But there are ways of doing things constructively. For example, looking at the floods that have recently devastated the southern part of Malawi, it makes sense to resettle most of the people from the areas that are most at risk of flooding; indefinitely, or until effective permanent solutions are found to the flooding problem in these areas. It’s in their best interest.

If I were in charge of a project of resettlement, the following is a rough outline of what I would insist to be done. To me it’s common sense, at least if the dignity of the people affected is to be preserved:-

(1) The government and land developer involved would need to identify suitable land for the villagers to be resettled to, and begin building decent accommodation (homes and flats) for them to live in. In order to utilise space efficiently, they would need to consider energy-efficient flats or even communal living spaces for those who opt for it. Although it would entail some cost, if you are taking land away from people, they need to be remunerated properly. And just because they are poor doesn’t mean that they must be ill-treated or taken advantage of.

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And it doesn’t have to be overly expensive. Bamboo roofed houses like the one below, made of treated bamboo, with solar water heaters, solar lamps could go some way in providing accommodation for a few years, before something permanent is built :-

bamboo-house(2) The government would need to develop employment options for the community, by bringing in some kind of work. A factory to make soap, to assemble bicycles, to produce eco-friendly building materials, or an integrated commercial agricultural interest would do. This is important to provide the working population amongst the villagers with jobs, and a means to earn a living, so as to reduce poverty and desperation.

employment(3) Similarly, an administration office, a police depot, some schools, a technical college to provide skills training would need to be built. A library, a market, a hospital, some shops, possibly even a small shopping mall with a Cinema, and other important infrastructure would also be necessary, to provide amusement and entertainment, and to cater to the new settlement.

Students-Africa(4) The roads and transport links from the new settlement to the nearest city would need to be updated, to enable seamless travel, and encourage transfer of skills to the area.

road(5) Communication:- The government would need to be transparent and invite the villagers to relocate to the new town. Each family would be provided with a home depending on the size of the family and its earning potential. The ownership of the house would be 50% owned by the government and the other 50% by each household. Further, depending on their earnings, they would be asked to contribute a small amount each month towards buying the house, although alternative arrangements would be found for those who are old and can’t work, and those who are poor and have no income source. A relocation stipend to each household would also be provided to help them start their new life.

(6) A promise to preserve grave sites and religious or sacred sites at their old settlements would be necessary. Further, within reason, the villagers would need to be allowed access to the religious and sacred areas.

(7) Finally, Ownership. A trust fund would be created to be administered by representatives of the villagers ( and not the chiefs) whereby at least 20% of the hotel and golf-course’s pre-tax profits would be invested in to help developing the community, including creatint employment, to be invested in education and healthcare, and to maintain the housing estates or build additional settlements. This must be fixed contractually for the present hotel operator, and any future operators. Why? Because that’s the true meaning of Corporate Social Responsibility.

Only then would it be equitable and right to hand over the vacated land to the hotel developer. These people have to ask the question, how they would want the government to handle the matter had it been them who were being asked to move, and leave their land behind? Any developer who doesn’t agree to a deal that includes such considerations definitely does not have the people’s interests to heart.

Malawi Court Adjourns Murder Case Involving Ex-Justice Minister

Malawi’s trial of former Justice Minister Ralph Kasambara was adjourned after a High Court judge recused herself following allegations from defense lawyers that she was under pressure from unidentified individuals.

Judge Esmie Chombo confided to another person that she was receiving pressure and recused herself in the interests of justice, John Gift Mwakhwawa, one of Kasambara’s lawyers, said in the capital, Lilongwe, today. While that will delay the case, prosecutors will apply for another judge this afternoon, Director of Public Prosecution Bruno Kalemba told reporters outside the court

More here: Malawi Court Adjourns Murder Case Involving Ex-Justice Minister via Bloomberg