On
Tuesday night, January 10 this year, the outgoing President of the United
States, Barack Obama, gave his farewell address to the American people right in
his home town of Chicago, a place where he said he came
to when he was in his early twenties, a place, he said taught him the power of
small beginnings, a place from where he first “witnessed the power of faith,
and the quiet dignity of working people in the face of struggle and loss.” What
moved me most wasn’t just the fact that he was making it in a town where he had
‘his roots’ as a young man, but that he was making it a man with double honour
and dignity, having gone in, some eight years ago, a man with merely honour and
dignity. In Malawi or Africa one never leaves the political stage with double
honour, but Obama’s speech taught me we can, yes, we can. It taught me democracy
can be so enjoyable.
At the
beginning of Obama’s speech, the crowd is heard chanting: “Four more years!”
and Obama responds direct: “I can’t do that.”
First,
such chanting reminded me foolery spares no land, that even in the midst of the
cream of democracy, you can find a few misguided fellas who subsist on
corruption.
In Africa,
a crowd chanting ‘Four more years!” would be a justification for someone to
listen to ‘the people’s wish’ and so declare another term or perhaps I
shouldn’t say of term knowing this is post-election. However, we should
remember that on Tuesday July 28, 2015 Obama had poked fun at African leaders
at the African Union Headquarters in Addis Ababa, Ethiopia, when he said: “I
actually think I’m a pretty good President. I think if I ran, I could win. But
I can’t. There’s a lot that I would like to do to keep America moving. But the
law is the law, and no person is above the law, not even the president.” He
later expressed surprise that leaders in Africa love to stay in power forever,
saying, “I do not understand this.”
In his
farewell address, he repeated that stand, almost a principle in him: “I can’t
do that.” In that July 28 speech to the AU, he had said leaving office in
dignity at the end of your tenure is a matter of principle; even if you have
got a lot of money, you still must leave it because the law says you must. I
bet if the ‘four more years chant’ was made in some hall in Africa before a man
about to leave office, there would be formed a parallel government the
following morning, one to give the President-elect the toughest of moments, or
worse still, a coup.
When
Obama said, “In 10 days the world will witness a hallmark of our democracy,”
and the people cut him, apparently expressing their unhappiness at Donald Trump
becoming the American President, Obama defended the American democratic system,
“No, no, no, no, no,” explaining why: “The peaceful transfer of power from one
freely-elected President to the next. I committed to the President-Elect that
my administration would ensure the smoothest possible transition, just as
President Bush did for me.”
In
Africa, transfer of power is often a period of humiliation to the outgoing
leadership and an embarrassment to the incoming leadership. Normally, the
outgoing leader is never present at the swearing ceremony, and by this time,
the new leadership has already sent ‘sheriffs’ to throw the outgoing leadership out
of the government mansion often with no alternative place in place, or to
withdraw all official vehicles in a fashion that smacks of revenge and
vengeance. Our friends believe in a system, and you can never attempt to bend
that system without piling upon yourself stigma and shame, and this regardless
of the ridiculous amount of money you have or the obscene amount of power you wield.
Currently,
Malawi is tearing itself apart because of politicians fighting over a bare
bone; it’s almost a war of vanity, those in power, at every ‘opportunity’
hitting hard those in opposition or the civil society, and the civil society
often with the opposition on their side, picking quarrels with government at
every issue. Issues people can discuss over a cup of sense are being addressed
through heated exchanges in newspapers, or on the social media. The result is chaos,
for the people now direct their energies towards things that retard at the
expense of those which would see us all move forward as a nation. And the worst
part of it all is that everything is now seasoned with some condiments of a
language that borders on tribes.
On taking
same direction as one people, Obama in his farewell address made an observation
I should borrow for the sake of my country folks: “But remember none of these
(democratic uprightness, etc) happens on its own. All this depends on our
participation; on each of us accepting the responsibility of citizenship,
regardless of which way the pendulum of power happens to be swinging.”
What
Obama means by this is that when it comes to things of national importance, we have
no choice but to support Government so it moves forward, and this is regardless of, in our
context, the ‘tribe’ or ‘party’ in power. Unfortunately, Africa will take none
of this, because we support those from our region even where it is obvious they
are leading us astray. And the worst part of it all is that there are no
powerful elders who can speak from a position of neutrality to show the people
it makes no sense to celebrate fifty-two years of Independence with nothing to
show for it. There are no such people to stand on a neutral ground to reason
with the people we have one Malawi and one people, and we have no excuse to
derelict from duty no matter who is at the top.
In
Malawi, people give 20% of their energy to their work; this is the scandal of
our work ethics. In Malawi, people can choose to work at a snail’s pace because
a manager has offended them. I do not share that spirit; we never work for
people; we work for GOD.
I believe
this is the same problem we are now facing as regards the rule of law. Many are
beginning to realise the Constitution can never save a nation when the people
therein collectively chose to divert. To quote Obama in his farewell address: “Our
Constitution is a remarkable, beautiful gift. But it’s really just a piece of
parchment. It has no power on its own. We, the people, give it power. We, the
people, give it meaning . . . ”
In short,
unless we strive to live the spirit of our Constitution as individuals, this
piece of parchment (document) will remain an instrument that can be used by
unscrupulous men and women hungry for power and wealth to serve their own
interests. In other words, until we reach that point where each one of us vows
to live each for the other, we shall continue to see the opposition pulling on
one side, the Government the other, or the civil society coming in only where
they want to serve some interest.
Of Joseph
Robinette Biden Jr (Joe Biden), his Vice, Obama said, “. . . You were the first
decision I made as a nominee, and it was the best. Not just because you have
been a great Vice President, but because in the bargain I gained a brother. And
we love you and Jill (his wife) like a family. And your friendship has been one
of the great joys of our lives.”
Obama,
you must be joking. How on earth can you say good of your Vice President?
From
1964, the year Malawi attained Independence, to 1993 when the country held a National
Referendum, the country had witnessed a long chapter of terror under the one-party
rule at the hands of dictator, Dr Hastings Kamuzu Banda. In May 1994, Bakili
Muluzi of the United Democratic Front, UDF, became the first President of the new
Malawi under a new Republican Constitution. Justine Malewezi was his Vice.
The man
at the helm of the one party rule, Dr Banda was from the Central Region of the
country (an area populated by the Chewas to which late Dr Banda belonged). Bakili
Muluzi is from the Southern Region (where there is a mix of tribes—Yaos to
which he belongs, Lomwes, Mang’anjas, Senas, et cetera). Muluzi’s Vice,
Malewezi, like late Dr Banda, is from the Central Region. Under normal
circumstance, Malewezi was supposed to inherit the party’s mantle and so lead
it to the 2004 Elections yet from 1999, the Southern Region-dominated UDF Party
had started sidelining him, by first introducing the Third Term Bids so Muluzi
would stand again after the expiry of his constitutional tenure of two
five-year consecutive terms (1994-2004). At that time, the UDF used all sorts
of excuse to sidestep Malewezi, including claims that if Malewezi would be made
party President no one from the Southern Region (then UDF ‘fan’ base) would
vote for him and the party would consequently lose the elections. Things went
so bad, soom Muluzi would taunt him live on the podium, referring to him as
sleepy and a man living on pills. Eventually, Malewezi, finding the UDF kitchen
too hot, left, to witness from outside the UDF eating itself from the inside.
Today the UDF is in the opposition although Muluzi used to say, “We shall be in
power for more than 30 years because Kamuzu Banda’s Malawi Congress Party had
been in power for thirty years!”
After the
people had rejected the Third Term Bid, Muluzi went outside the party,
hand-picking Bingu wa Mutharika, pairing him with a UDF veteran politician,
Cassim Chilumpha, as Vice President. The UDF came into power again though Bingu
was soon to ditch it, to form his own party, the Democratic Progressive Party, DPP.
It was a funny scenario, because the President belonged to the DPP yet his Vice
still remained UDF. The DPP decided to throw him out of government, and so
devised a mechanism known as Constructive Resignation.
The
scheme was that late President Bingu wa Mutharika, in his capacity as President
and Head of State, ‘responded’ to Chilumpha’s wishes by accepting his
‘constructive resignation’. The , letter, under the heading Re: Your Resignation as Vice President of
the Republic of Malawi reads:
In
the light of the foregoing, I hereby inform you that the Cabinet has
unanimously decided that you have, on your own volition, not worked in
accordance with your mandate as Vice President of our country. Cabinet is
therefore obliged to construe that by abandoning your responsibilities, you
have accordingly resigned from your position as Vice President of the Republic
of Malawi.
I
have, therefore, with deep regret, accepted your resignation as Vice President
of the Republic of Malawi effective today, 8th February, 2006.
Thus, the
letter argued that Chilumpha, by, e.g. not attending cabinet meetings, was
telling all and sundry that he didn’t want the VP post, and so the President
had no choice but to accept his ‘resignation’. From there, they went on stripping
the man of his benefits as VP. The Court had to come to Chilumpha’s rescue,
saying allowing the President to treat people thus would entail accepting that
he should at his whim do whatever he felt ‘necessary’, which is not what our
Constitution was made for. The Court said resignation connotes voluntariness,
and where there was no element of voluntariness, the scheme reeks of removal.
In his
second term of office, Bingu picked Joyce Banda, a fellow Southerner but with a
marriage connection (like me) in the North. It proved a great combination, and
they made it, this time, convincingly. Barely a year later, cracks between the
two began to emerge. The cracks were shown when JB came out of the DPP or was
expelled together with another senior Minister from the North, Khumbo Kachale.
Death was to cut Bingu’s leadership short, and in April 2012, JB became the
country’s President with Khumbo Kachale as her Vice. For the 2014 Elections, JB
said after seeking GOD’s guidance on who to pick up, she was shown some young
man, Gwengwe, from the Central Region. Before the Elections, Kachale dumped
JB’s party and returned to the DPP. Joyce Banda was to lose the elections to
the DPP under Arthur Peter Mutharika (brother to Bingu, the deceased) who had
picked another young man, Saulosi Chilima, from Central Region, as running mate
and therefore VP. Today, I don’t know how true the story is, but news is making
rounds that relations between Peter and Chilima are getting more and more
strained by the day.
Elsewhere,
in South Sudan, a new nation bigger than Spain and Portugal combined and with a
soil blessed with oil, two ‘brothers’ who should have been leading by example,
them being central in the fight for liberation from the grip of the Khartoum
Government, ended up falling on each other, mobilising soldiers and militias on
ethnic line, engaging in hostilities, leading to death of civilians, atrocities
bordering on genocide. President Salva Kiir, an ethnic Dinka (largest ethnic
group in South Sudan), and his former Vice President, Riek Machar, an ethnic
Neur (second largest ethnic group), led the country to independence on July 9,
2011, but hardly two years later, the two could not see eye to eye. In July,
2013 Kiir dismissed Machar, a man he was later to accuse (in December, 2013) of
led a ‘foiled coup’. A few days later, things were to deteriorate into a
shameful and senseless conflict I should describe as South Sudan against South
Sudan, as it is a senseless conflict mostly between Sudanese People’s
Liberation Movement—SPLM (that’s the Government led by Kiir) and Sudanese
People’s Liberation Movement in Opposition—SPLM-IO (those opposing Kiir, led by
Machar). Typical of African leaders, they always whip up ethnicity for their
personal end, the conflict soon took an ethnic dimension between the Dinkas and
the Neurs, in the course, taking in more and more tribes and factions. Reading
the tale of South Sudan is like watching some horror movie; you would think you’re
dreaming, that a people who were so soon together could so soon fall on each
other in a fashion so incredible.
Now, when
you hear Obama praising Joe Biden, you would think the United States is on a
different planet, or perhaps it is Africa that is on a different planet.
Obama’
farewell speech also inspired on the power of putting country first.
December
2016 to January 2017 has witnessed a period of greatest tension in Malawi since
the July 2011 Demonstrations when 20 people were killed by those sent by those
in power. In fact, language of ‘Let us go to the street’ is becoming more and
more pronounced, and blame-shifting on tribal lines is rising towards a
crescendo. Such is a setting politicians like, and it’s all for their personal
end. In all these, our elders see no sense to bring the people together to calm
nerves and bring back sanity among them. It worries me every time people talk
of going to the streets, because a people who fail to resolve their differences
through talking are not worth of a land so fair and beautiful as this one our
GOD gave us—Malawi.
Everything
that is happening in Malawi is either someone looking for some popularity or
fame, or someone defending their position; very few look at issues affecting
the people with that genuine sober eye. They want to score some mileage, to go
into power the wrong way, or to impress those who fund their activities.
I am not
saying the ruling DPP is in no fault; the DPP Government has failed Malawians
big time, but one must take a serious analysis of our setting before passing such
a judgment on them. As far as I am concerned, the DPP are doing the best they
could under the circumstance that they are not receiving that enough external
aid. Unfortunately, they miss living the life of austerity, the one they preach
for the rest of Malawians to live; this is their problem.
If you
tell your children you’re in trouble and so everyone must tighten their belt
for some period until some bridge is crossed, you would do yourself injustice
to be seen around living a life of a tourist. Put simply, people’s concern
isn’t that we’re in trouble; it is that those who should lead in that sacrifice
are nowhere near the battlefront of servitude, integrity and sacrifice. The day
the DPP will show the people their interest is not merely to be in power, but
to serve the people by genuinely identifying themselves with them, that day
they will be the people’s party again. I don’t think this is difficult; this is
possible. All it needs is listening and seeking wisdom on how best to achieve
it.
Most
Malawians are angry, but thank GOD Malawians are a people who know there’s
nothing that can take the place of peace. Our leaders must help us endure; they
must set some example as far as living austerity and reducing expenditure is
concerned until we cross that bridge. Our solution won’t come from fighting or
using abusive language; our solution comes from talking. No matter the
situation, let us always utilize the virtue and prize of talking.
Malawi
needs a man or a woman who shall rule without looking at tribes, a man or woman
who shall sacrifice himself or herself to start afresh for the good of his or
her people, a man or woman who shall truly let the bygones be the bygones, a
man or woman who shall come in with a heart devoid of vices of revenge and
vengeance. Those in power now were given five years through a constitutional
process we call voting. We can never ask them to step aside now without
bringing great shame upon our Constitution. In short, since they are there
legally and have the due legitimacy the Constitution demands of those to lead,
we are left with one option only—talk and talk and talk until they see sense in
living the life the people’s way. Such talking must be based on honesty, and
not on attempts to humiliate someone. If they fail, then we have an opportunity
in 2019 to send them packing the legitimate way. Isn’t this simple?
Currently,
an issue is in court, where an activist, Charles Kajoloweka and three civil
society organisations sought the High Court’s intervention through a process
known as judicial review, in order to stop one minister, George Chaponda, from
serving as Minister in a Ministry at the heart of the ‘controversial
Zambia-Malawi maize deal.
In
judicial review, a person or body that has sufficient or strongest interest in
a matter which has affected him or her directly can ask the Court on his or her
behalf to review whether the decision-making process to arrive at the decision
had happened within the four corners of the law. When one follows this process,
one first asks the court to grant him or her a go-ahead to seek the redress.
When making this initial request of intention to seek this redress, one often
asks the Court to also order a halt temporarily of the implementation of the said
‘questionable’ decision or action. This is the first part of the judicial
review. The other party can then come in to oppose the move so the actual
judicial review should not take place.
When
Kajoloweka and the three CSOs approached Justice John Chirwa, the man saw merit
in their intention and granted them the temporary one-side (ex-parte) order to stop George Chaponda,
who is Minister of Agriculture, Irrigation and Water Development, from
exercising his duties because such would interfere with investigations into
alleged corruption in a maize deal between an agriculture parastatal, ADMARC,
and a kind of similar body in Zambia, Zambia Cooperative Federation. Justice
Chirwa did see it an arguable case, and so granted the injunction.
A number
of respected scholars and commentators have since given their opinion on the
issue. Professor Danwood Chirwa, a great legal mind at the University of Cape
Town hailed Justice John Chirwa for not sleeping on his job, saying whenever a
president sleeps on a job for which he was elected, the court should exercise
vigilance in reminding the same of his or her constitutional responsibilities.
Professor Danwood Chirwa also doubted the Commission of Inquiry set by the
President, Peter Mutharika, to do the investigation into the alleged corruption
in the maize deal. He said, “There is no need for an expensive commission
filled by political cadres to investigate this criminal issue whose facts are
easily ascertainable.”
Reacting
to the same, a top Government Advisor, Solicitor General Janet Chikaya Banda,
went Facebook, questioning the granting of the injunction by the High Court in
Mzuzu to suspend Chaponda. For this, The Solicitor General has received a pretty
share of criticism for ‘unprofessional language tantamount to contempt of
court’. Currently, over 18 CSOs have demanded that she relieve herself of
duties of the Commission of Inquiry in which she is member.
Meanwhile
the Attorney General has filed a request (motion), asking the Court to remove the
order that stops Chaponda from serving as Minister. The reasons for filing this
motion are that the High Court has no jurisdiction (powers) on judicial review
on an issue that borders on administrative justice, that the CSOs involved have
no arguable case or serious issues that would really require judicial review,
and of course, that the three CSOs involved have no direct interest over and
above the rest of us concerned with the matter of the Zambia-Malawi maize saga.
What we
must remember is that Foster Mulumbe, ADMARC Chief Executive, has been sent on
forced leave to allow smooth investigations to take place. Under normal
circumstances Dr Chaponda, being Minister under the Ministry concerned and
someone who is said to have directly taken part in the negotiations on one or
two occasions, should have allowed himself to resign in the name of
transparency. Unfortunately, issues have been mixed, and the pot in which they
are cooking has been boiling unattended for some time so that past scores are
finding their way in. It is like the OJ Simpson case where people have already
passed judgment with someone they have always wanted out. Sometimes when I read
comments about Chaponda I wonder whether our view of him as a person is honest
and objective. I have read comments claiming the man is a witch, has an ugly
face, et cetera. At one time, he confessed, “Of course, I am ugly.” No matter
how much we do not like someone, we must avoid embarrassing them. Justice must
avoid putting people in a position where they will lose that which gives them a
sense of being. We must learn to stop somewhere and remember these are human
beings. They can have their flaws, yes, but are human beings first. Above all
that, Chaponda is not a CEO; he is Minister. There should be wisdom in the
manner we handle issues surrounding a person of the stature of Chaponda’s. I do
not mean to say he is above the law, no, but where emotions mixe with justice,
and where history warns us to tread cautiously, we must allow justice to take
its course without taking that road with the bitumen of public opinion and
emotions.
As far as
I am concerned, all parties in the Zambia maize saga have failed to isolate
emotions from facts. The CSOs who are baying for Chaponda’s blood have on many
occasions previously agitated for his removal; you can never expect justice
from such a setting. Newspapers have found meat on which to feed the already
frustrated population. The Government on the other hand is doing all it can to
show whosoever criticizes it that it still is in control, and that it has the
apparatus in place, intact, to beat them into submission. Everyone wants to
hear the story in their own way, in a way that favours their preconceived
ideas, and anything to the contrary is bad stuff. That is not how a people
build their nation.
Tempers
are high, and anything that gives us an opportunity to vent our frustrations
seems good fodder, but that is not how we sweep forward. I still feel, in the
name of peace, we must give this DPP chance to ‘fail’ us, and should they prove
obstinate still, show them out through the ballot box. Tensions already high, I
think we must exercise the highest sense of caution and wisdom in the way we
handle matters.
And those
in power should also learn the power of speaking to diffuse tension rather than
flying all over, name-calling those who seem to differ with our position. I do
not think whatever is happening a thing we cannot overcome, but we need to
stress those things that unite.
Barack
Obama’s farewell speech showed me we can do better; we can respect each other;
we can exercise the smoothest transition of power ever; and we can put in place
systems to guard our democracy against failure. The maize saga issue is testing
us; let us rise from it stronger. Let us remain calm and believe in our systems
to help us talk and move on. Malawi has some underlying problem which we are
failing to address; let us search ourselves and see where we went wrong. Let us
reflect thoroughly and ask whether whatever we are doing is indeed treating the
disease itself rather than merely the symptoms. This is our job today; we must
never preserve it as a time-ticking bomb assignment for those tongues yet
unborn.
At the
same time, we must remember that no matter the wish-list of the so-called
leaders we have, those we think can serve us better, if we refuse to set a
system that will address discrimination, intolerance, growing hatred, nepotism,
corruption and all evils dogging us, we shall remain losers. So, the answer
lies in us sitting down together to talk our differences while forging forward
to build a better land for ourselves and the generations to come, those people
unborn to whom we owe our allegiance.
Malawi is
not looking for people looking for leadership positions; Malawi is looking for
people who can sacrifice themselves for the good of this beautiful country,
people to lead by example in the fight against corruption, people dead to the
appetite of accumulation at the expense of the poor. We have a government in
power; we can talk with it and together devise a way to achieve these great
virtues. Malawi has no room for divisions or hatred; Malawi has no room for
people to settle scores through establishment; we do not have that pleasure,
for we the only time we have is that to use in talking peace while working our
way through to development and progress.
I am not
sure the world would be complete if GOD didn’t create Malawi. We are fifty-two
years old as an independent nation; let us have something to show for it as a
nation.
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