Introduction
Demonstrations have one major purpose in society: to force a party on
the other side to come to the negotiating table on terms more acceptable to the
party organising those demonstrations. In this way, the party organising them creates
such psychological pressure in the party that had been neglecting a particular
position that the latter begins to take ‘interest’ and devise means to address the
problem in question. In public policy, this act of ‘inviting’ a party adamant
to this table of consideration and negotiation creates a ‘window of
opportunity’. The concept of ‘window of opportunity’ requires that a party bringing
those vexing problems to the attention of decision-makers read the setting with
mathematical precision to establish (1) priorities in the problems, (2) the
sort of players they communicate to or interact with, and so who can lead the
drive or derail the effort, and, most importantly, (3) the right time to introduce
a concern for solution, kind of making hay while the sun shines. By extension,
the last point also suggests that a party organising the demonstrations ought
to use great premonition and sophisticated public opinion reading to establish
when exactly to de-escalate. Knowing when to introduce a problem or when to
de-escalate is critical because the policy ‘window of opportunity’ is never
permanent; one ought to strike while the iron is hot. In the context of Malawi,
I think the iron has been hot for some time yet we all seem clueless on how we
should address ourselves in this impasse. As a result, players, other than
those well-versed in policy making, are taking over the role of guiding reforms,
depriving reform champions of this noble role. And reform champions in the
retreat, these ordinary people are suggesting and carrying out, sad to say,
radical propositions, kind of ‘jungle reforms’ and at times, ‘jungle justice’ that
point to no precedence in the policy world. The atmosphere seems degenerating
into a crisis. These matters have forced me, a Malawian who loves his country,
to write again.
Structure of the Discussion
In this discussion, I explain the purpose of demonstrations and argue
that it is now time that commonsense should persuade us to go back home and
give peace and dialogue a chance. I also challenge those who speak in parables
and double tongues―the social and political commentators, the faith community,
and tribal leaders―to come out and contribute to matters that concern us,
matters that are threatening the very survival of this wonderful nation.
Throughout, I take a position that our problem isn’t a single person but, to
quote Bishop Mtumbuka, a “culmination of frustrations by Malawians who do not
see the value of belonging to the state” (see ‘Catholic Bishop says Malawi
turmoil is culmination of frustrations’ dated Saturday, October 12, 2019
available at www.nyasatimes.com). In my
reasoning, our insistence that the answer to this post-May 21 political impasse
lies in one person in the name of Justice Dr Jane Ansah diverts us from
addressing the real issues, when we fail to separate the trees from the forest.
Throughout the discussion, I make reference to history―we must learn from
history to distill ourselves better and balanced answers.
The following questions will help guide this discussion:
(1)
Why we must
submit ourselves to the cause of peace through balanced debate on affairs that
concern our democracy;
(2)
Why each one of
us pretends we do not know the root cause;
(3)
Whether the
on-going demonstrations have since achieved their purpose;
(4)
Whether our
approach to solving this problem is likely to bring the much-needed change in
our politics and policy approach; and
(5)
Why dialogue must
be the word now.
WHY WE
MUST MAKE INPUT ON MATTERS THAT CONCERN US
There is a conscience that prefers to keep quiet even on matters that threaten
to shake the very foundation of a people’s existence. Perhaps these people, among
them the majority of the cognoscenti of politics, public administration, and
perhaps international relations, all of them prophets we look to for
interpretation on a clear day, stand on a premise that critical matters in
society do eventually address themselves, and so, are better left undisturbed. A
very dangerous way of looking at issues, and there is a term for this―inadequate
truth.
The notion of ‘Inadequate Truth’
According to Elcheroth and Reicher (2017), the notion of ‘inadequate
truth’ refers to “the idea that even when complex accounts are analytically
accurate, it can still be morally wrong to utter them” (p. 6). It is a fear
that paralyses a people, forcing them to shun the nub or centrepiece of a matter
yet expecting a positive end to it, all the same. In Malawi, it has made us
look away when we should take part in healthy debates to help direct democracy
the positive way. Achebe (2012) warns against this when he writes that “the
African writer who steps aside can only write footnotes or a glossary when the
event is over” (p. 61). He describes such a ‘hermit’ or ‘recluse’ as an equivalent
of “the contemporary intellectual of futility in many other places . . .” (p.
61).
Intellectuals―disregard the contemporary intellectual of futility in
many other places―are better placed to set the agenda on critical matters in
our society. Achebe (2012) describes them as spokespersons for Africa. To this
group, I would add “journalists who acquire detailed knowledge, and an
appreciation of the flavour of events, which can escape more distant observers”
(Ellis, 1999, p. 19). Let me specify that such journalists are those who do not
owe allegiance to some political master, living or dead.
As spokespersons, I think they have a duty, almost a commitment, to set
the agenda on the path to peace. This is important for some two objects, the
first of which centring on the nature of the dominant participant in our debate
today. I call this participant the social media foot soldier, this fella with
limited education and a penchant for breaking the law. My fear of this soldier
springs from the fact that, more often than not, he demonstrates his naked
disregard of the rules of the game, for there’s no chapter on rules of
engagement in his ‘manual’. So, he says anything, does anything, and uses any
word at his disposal to embarrass and disarm an ‘opponent’. He acts and regrets
later. When good men and women do not talk, this social media foot soldier,
turns himself into some commander and sets his own agenda, often with devastating
consequences on the nature of both debate and response to problems dogging our
politics, public policy, and democracy in general.
In Malawi, this problem is compounded by the fact that almost all formal
media outlets in the country are in the hands of the elite with heavy
connection to politics or politicians, gone or active. As a result, the angle
of discussion on each one of these outlets, public or private, is structured in
favour of the taste of their master. Unfortunately, the world, the West
especially, tends to judge us by versions from these sources.
In an impasse like the one at hand, we must also talk before the
unscrupulous politician and his backers purloin the people’s mind with
misinformation that emphasises a people’s differences rather than matters that
glue. In Rwanda, towards the 1994 genocide, politicians with poisoned
objectives took advantage of tension to create chaos for their own evil end. What
Sibomana (1997) writes on this is a powerful warning:
Every society bears its own divisions. . . . These
divisions exist; there is no point in denying it. But it was not necessary to
revive them and turn them into political arguments. Divisions were deliberately
exacerbated by unscrupulous politicians, simply to satisfy their basest
designs, their hunger for power and money, their pride and their desire for revenge
(p. 137).
Sibomana’s observation that divisions do exist implies that tension is
inevitable in society. What is dangerous is when tension is hijacked by men and
women with evil intent, men and women who find pleasure is serving themselves
at the expense of the common man and woman. It falls on good people therefore
to talk to diffuse the tension.
Good people must talk to help turn conflicts into solutions. For, to
borrow the words of Einar Gerhardsen, Prime Minister of Norway for most of the
period between 1945 and 1965, “[T]here will always be conflicts in a democratic
society. . . [But] these conflicts must be regulated and kept within limits if
the democratic nation state is to become a community and function as an arena
for peaceful cooperation between groups and people with different economic
interests and political ideas” (Brandal, Bratberg, & Thorsen, 2013, p. 1). Talking
is one way to ensure the democratic state lives as a community and functions as
an abode for peace and development. Thus, we must talk to warn this
unscrupulous politician from both ends that our job is to solve problems, not
to create some, that our diversity which represents beauty and strength must
never be manipulated for some cheap political gains and chaos.
Some simple content analysis of a language Malawians, including the
media, use each on the other today could proffer a somehow accurate measure of
how fast our society is degenerating into full lawlessness. I have observed
with great concern how free many of us have become in the devilish art of
denigrating our opponents. I’ve never seen Malawians this crude in their
language when describing fellow Malawians. By all standards, the level of
hatred based on ethnicity as stoked by politics is growing by the day among us.
People might not see any danger in this, but history teaches us that those who
want to destroy each other begin by doing what we are doing: hiding in the
group (ethnicity or anonymity), and dehumanising others. Malawians seem to be following
the very pattern those who want to destroy themselves take before finally
turning one on the other.
Shaw (2019), citing Reimann and Zimbardo, observes that two processes
happen in a people whenever they want to create evil out of others. These
processes are deindividuation and dehumanisation. According to Shaw, “deindividuation
happens when we perceive ourselves as anonymous. Dehumanisation, on the other
hand, is when we stop seeing others as human beings, and see them as less than
human” (p. 19).
According to Shaw (2019), when a person acts in a group, that is, when
he or she assumes anonymity, he or she engages in evil because he or she is
under a belief that an evil committed by an ‘invisible group’ is no evil. It
thus, makes one feel secure in that a destruction and damage you cause through
a group lacks the actual actor to take responsibility. In this forest, one can
say and do anything, and the social media proffers a perfect habitat for this. In
the end, people who do not hate as individuals find it perfectly alright to
hate in a group where they are hidden by the identity of the group. This is false
sense because evil is evil, whether you do it in a group or as an individual.
On dehumanisation, Shaw writes that it is an evil that makes us stop seeing
others as human beings, and see them as less than human. Dehumanisation creates
in us a blurring of our perception so we stop being able to really see people.
If you read comments on the social media on how Malawians are exchanging taunts
bordering on ethnicity, you would feel embarrassed we could reach those incensing
levels of hatred. It is toxic, fellow Malawians now refer one to the other
using terms denoting insects and animals. Seriously, whatever excuse we have,
we have no right to reach those embarrassing levels of invective as a people.
We, definitely, must do something to remind ourselves that we can do better as
a people entrusted with this Inheritance of a nation.
Lastly, the intellectual must talk because talking is the best way to diffuse
political tension, and political tension is like a powder keg, always waiting
upon some trigger to explode. Put simply, writers, intellectuals, high
integrity journalists and the faith community must speak lest some daredevil
should rush in to supply the trigger to the powder keg of this impasse to cause
chaos. The words of Julius Nyerere in 1952 are instructive here: “A world
seething with hatred is an intolerable place to live in. But we cannot reach
the goal by hypocrisy or wishful thinking. We can only do it by honest thinking,
honest talking and honest living” (Bjerk, 2015, p. viii).
All this means that we must begin to talk seriously to diffuse this
tension. We must rise above this temporary blemish on our nation. This is
important as a noble pursuit. Why? Because when an impasse is left to go on for
too long, things eventually do get out of hand. The case of Rwanda proffers a
very good example of what happens when a people and the international community
procrastinate in the face of tension.
According to Longman (2010), “in November 1993, the Catholic Bishop of
Nyundo publicly condemned the distribution of arms to civilians, an early
preparation for the genocide” (p. 8). Unbelievably, the world kept quiet. Over
a month later, in January 1994, there rose an opportunity to deal with the
issue strategically. It came through an informer―Jean-Pierre Twatzinze―who
revealed to General Roméo Dallaire (the force commander of the 2,500
peace-keepers who were under the United Nations Assistance Mission in Rwanda―UNAMIR)
that the elites were planning a horrible act.
According to Bernett (2002), Twatzinze had reported that the Hutu
elites were planning an extermination campaign against the Tutsi, that, “to
transform the plan (extermination campaign against the Tutsi) into reality, the
Interahamwe was busily stockpiling and distributing weapons, creating lists for
assassination, and organising hit teams” (p. 78). Strangely, when General Roméo
Dallaire communicated to the UN Department of Peacekeeping Operations, DPKO,
for authorisation to seize the weapons, the DPKO advised against it.
Three months later, following the death of President Juvénal
Habyarimana in a fiery plane crash on April 6, 1994, the plan was set into
action, and the result was horrendous, for “in one hundred days, between April
6 and July 19, 1994, they murdered roughly eight hundred thousand individuals.
For the statistically inclined, that works out to 333½ deaths per hour, 5½
deaths per minute” (Barnett, 2002, p. 1).
Am I suggesting we are heading in that direction? No, not at all, but
history is there for us to learn from. At the same time, let us not take our
peace for granted. Absence of conflict is no guarantee that a country will
always be at peace. Côte d’Ivoire (the Ivory Coast) used to be known as the
African miracle, and its capital, Abidjan, used to be called Africa’s Paris.
For a very long time, no one ever imagined that Côte d’Ivoire would ever go to
war with itself someday. Unfortunately, politics using the ambers of ethnicity
and diversity forced the Ivoirians to turn one on the other. I’m not sure how
many would boldly claim that Côte d’Ivoire still maintains her African
miracle accolade today, or Abidjan those Africa’s Paris compliments.
Talking is also necessary at this hour to warn others not to take
advantage of the impasse to provide the spark. Remember, the world is never
bereft of fanatics.
The First World War (1914-1918) was a result of a crisis that had
started many years before including the First Balkan War (1912) and the Second
Balkan War (1913). Just an explanation, the Balkan Wars were two short and
bloody confrontations in which Serbia successfully fought Turkey to reclaim
parcels of territory lost to the Ottoman Empire (Turkey) centuries earlier.
Bosnia wanted to follow suit, fighting its occupier―the Austro-Hungarian
Empire. But to break into a World War, the crises “still needed a spark to
detonate the explosive mix of old-world superiority, diplomatic miscalculation,
strategic paranoia and hubristic military overconfidence” (Butcher, 2014, p.
29).
That spark was provided on June 28, 1914, after the heir to the
Austro-Hungarian Empire, Archduke Franz Ferdinand, was shot in Sarajevo by
Gavrilo Princip, a nineteen-year-old Bosnian Serb. Because Princip and his
group had received support from a small military intelligence community in
Serbia, the Austro-Hungarian Empire (supported by Germany) declared war on
Serbia. Other nations joined to support Serbia. That way, the World went to War.
Whatever had happened, “none disputes that it was the shooting in Sarajevo (the
capital of Bosnia) that led the world to war a century ago” (Butcher, 2014, p.
29). The Second World War, and more recently, the Bosnian War of the 1990s,
were all to stem from what that single man did in 1914. And Butcher adds that “the
Bosnian War (it ended in 1995) would spill further into the future, its
battlefields a training ground for jihadists who would take part in the 9/11
attacks on America” (p. 17).
According to Butcher (2014, p. 35), Princip was to die four years later
in an Austro-Hungarian jail, his bones eaten away by skeletal tuberculosis. Every
time I read this history, I ask myself whether what Princip did in 1914 in the
name of defending his people was worth it. They must be right those who say
violence only begets violence.
In short, we must never keep quiet. We must constantly warn our people,
especially this social media foot soldier, that destruction only leads to more
destruction. Malawi can never afford to lose the best we have simply because
some politicians don’t agree on some issues. South Malawi needs North Malawi and
the Centre just as the Central Region of Malawi or the North needs the South
and Centre. We must always remember that no matter what we think and do, we can
never have a complete Malawi without the Centre, a complete Malawi without the
South, and a complete Malawi without the North.
Perhaps someone would say but we all know the person at fault: the
Malawi Electoral Commission Chair. Malawians know what the problem is, but no
one is honest and bold enough to point it out and demand the right approach for
honest answers.
WHY WE ALL
PRETEND WE DO NOT KNOW THE TRUTH IN ALL THIS
Those organising the demonstrations have insisted that the problem is
the Chair of the Electoral Commission, Justice Dr Jane Ansah. Recently, they
argued that they would return to their shelter once she abdicates her post. We
must never forget that, while this is the message they give us today, they had
repeatedly told us in the early days of this impasse that the demand for the
MEC Chair to go was the first on their wish-list. To make matters worse, other
quarters are now urging the resignation of everyone who was involved in the
process. You can never exactly tell what it is exactly they are looking for.
Strangely, language from some prominent personalities in this country,
including some Men of Cloth, has thrown weight behind the demand for Justice Dr
Jane Ansah to resign, observing it is her failure to discern the signs that has
led to all this. What an excuse and a way to pile our national guilt on one
soul.
Since the impasse, we have heard demands that have nothing to do with
Justice Dr Jane Ansah―think of the quota system in our education system, the
problem of Chichewa as a core subject on the curriculum, and the call for federalism.
This should tell us that the problem at hand is beyond Justice Dr Jane Ansah. In
fact, the deficiency in our electoral management in the country dates back to
the very first multiparty elections in 1994 (although some quarters tend to
paint a rosy picture of those elections).
Way back in 2006, Kajee made this observation: “The Electoral
Commission is partisan and lacks independence. The standard of election
administration has steadily declined from
1994 (emphasis mine) to 2004, as election observers have noted” (See prg
19, ‘Challenges for democracy and human security in Malawi: Mapping a policy
research and capacity-building agenda’, available at https://issafrica.org.)
Through these years electoral mismanagement has been the story, and
none of it has ever referred to an individual there; they talk of a compromised
system―the Electoral Commission as an institution. My question thus is: Are Malawians
really not aware of the real problem in all this? So why do we direct our
efforts towards removing Justice Dr Jane Ansah instead of initiating robust
dialogue to address systems that have created problems among our people,
especially the poor? Well, personally, I am not surprised. Human beings have a tendency
to find some excuse, some scapegoat. It started with the old Adam in the Garden
of Eden: “The woman whom thou gavest to be with me, she gave me of the tree,
and I ate” (Genesis 3: 12-13).
Many theories in psychology and communication also explain this
tendency to find some scapegoat. Allow me to cite a few here, starting with the
cognitive dissonance theory, a communication theory.
According to Tavris and Aronson (2007), cognitive dissonance is a state
where a person holds two opposing cognitions, or beliefs, or ideas. The two
authors give the example of a smoker who may hold opposing cognitions or
opposing sets of information, namely that ‘smoking kills’ and that ‘I do not
smoke often’. There is thus conflict in this smoker because, on one hand, he or
she knows the truth about smoking―it kills―yet (on the other hand) uses another
cognition―but I do not smoke often―to justify the indulgence. In this way, the
latter cognition, namely that he doesn’t smoke often, justifies his habit, and
therefore he keeps on smoking.
In short, people can use all sorts of self-justification to cause harm,
but whatever justification, harm is harm. Besides, answers that come through
harm never last.
People do know that to insist that someone should abdicate their post
because they ‘mismanaged elections’ without following formal procedures and
without providing of evidence before a neutral assessor is not in the interest
of natural justice. But, for whatever reason, something within them keep
convincing them that to end this impasse someone must give in, and, of all the
people, it must be the MEC Chair. How that people, including Servants of GOD,
have been persuaded that we can now begin to condemn another without formal
evidence in a formal setting presided over by a neutral referee is beyond
belief, in my thinking.
My limited knowledge of Christianity holds that even judgement day itself
shall require that each explain their deeds before the judgement seat (II
Corinthians 5: 10), where we shall give account for every idle word we utter
(Matthews 12: 36). The all-powerful and omnipresent GOD knows everything, even
before we speak, HE knows it all, yet HE shall still require that we should
explain our side of the story in an open setting. Why? Justice requires openness
and fairness for satisfaction to both parties.
Every lawyer worth their name should know better you can never insist
on someone resigning without first letting them through a formal process of
determining wrong.
A book on law I read recently has fortified a belief in me, a layman,
on the power of following procedures when condemning a person. Its story
concerns Michael Dee Mattson, a man who, in July 1982, was on death row,
convicted of the kidnapping, rape, and murder of a number of young girls in
California, the United States.
According to Potts (2008), Mattson was given an automatic appeal to the
California Supreme Court. Potts, who was working as a law clerk, was asked by
his professor to assist him in representing Mattson. Potts writes that, by
then, he had not yet learnt anything on the case, that is, he wasn’t aware of the
nature of crime Mattson had committed. Potts says when he did, he found his
personal principles in a tug-of-war with his professional principles.
Here was a murderer, “a cold, calculating sexual predator who showed no
sign of remorse” (p. xiii). Besides, Potts’ sister had been assaulted three
years’ earlier, and he wondered whether he should be part of the team
representing the person “who had been convicted of the kidnapping, rape, and
murder of several young women and girls, some mere children” (p. xiv). Potts
went ahead and happened to be the person who had found the issue that resulted
in reversal of Mattson’s conviction.
Potts writes that his own marriage went through the rocks for
representing Mattson. Did Potts do all this because he found pleasure in it?
No, not at all. He did it because even those who offend society ought to be
given an opportunity to realise justice requires that we must respect each
other. He writes:
Yet, as citizens, we have to remember―we can never
forget―that in our search for vindication, justice must be served in a manner
consistent with the state and federal laws so as not to diminish the rights of
every citizen of the United States. If we extinguish those rights, the rights
of the victims to have their killers answer for their crimes will be lost as
well. Vigilante justice has no place in American society. I am just as adamant
that the legal system we have in place not be daunted by sloppy police work or
emotional, knee-jerk reactions that ultimately destroy the basic foundation of
the Constitution.
What all this means is that, no matter our group, no matter our
personal convictions as individuals, we must remember that justice requires
that all sides be party to the process for a satisfactory end. This applies to
all of us, for tomorrow we shall be in those situations and we shall never like
that the people should judge us before they have heard our side of the story. It
is for this reason that I vehemently defend this woman. I would do the same of
any person if anyone was demanding their resignation without giving them an
opportunity to explain themselves first in a neutral setting.
As I speak now, universities in Africa are coming to terms with a
realisation that some lecturers, those devoid of principles, have, over the
years, been preying on their own students, demanding sex for grades. Although
we know this is a common problem in most universities the world over, those
pointed out ought to be given an opportunity for a fair hearing. Every time and
everywhere, we must force ourselves to accept that our choice of liberal
democracy meant our entering into a contract to respect each other and to judge
others based on evidence in a formal setting. Anything outside this creates an
attempt to rattle very pillars of the justice we purport to serve.
Another explanation why certain people consider their position or
ideology superior to those of others is stashed in the tendency among people to
associate themselves with their group
(emphasis mine). All along our lecturers have taught us that we vote for a
policy or candidate who will benefit us the most―public choice theory. However,
Haidt (2012) argues that, in matters of
public opinion (emphasis mine), “people care about their groups, whether
those be racial, regional, religious, or political” (p. 75). Citing Don Kinder,
Haidt writes, “In matters of public opinion, citizens seem to be asking
themselves not ‘What’s in it for me?’ but rather ‘What’s in it for my group?’”
(p. 75). In short, what matters to you is not the reason others give you; it is
what it is that is good for your group. This is why it is said that “parties,
like social movements, are more effective when their supporters and leaders are
united by a common identity” (Labas, 2011, p. 43). Are there no times when the
ruling Democratic Progressive Party goofs big time yet those aligned to it find
no issue with it, and instead, find some justification to accommodate the act?
Similarly, haven’t we seen the opposition going it so shoddy you would wonder
what type of government-in-waiting they are for this country? Yet in all this,
we find some justification and ‘accept’ that there are what we have, the wrong
can pass.
When first I read Haidt, I thought something wasn’t adding up. But when
I tried to put this in its context, the similarity was striking. Consider this:
when the Nyasas (Malawians) were fighting for independence from the colonial
masters, they fought as one group―they weren’t looking at themselves as a
people divided by languages, name it, because they had one common enemy who
threatened them as a group. Even when Dunduzu Chisiza disagreed with Dr
Hastings Kamuzu Banda, he promised to keep quiet until after independence when
he would start his political party (of course he was to die before
independence). Chisiza had considered more for the group, afraid that if he
could start a party before independence, the white man would look at that as a
sign of division and therefore a justification for him not to grant the black
person self-rule. Although the Cabinet Crisis happened after Dunduzu was long
dead, one can still notice that the group had now started to break along the
seams, smaller groups with similar identities coming up.
Haidt arguments opened my eyes on the question I have kept asking
myself on why South Sudan which fought to break away from Khartoum soon
found itself on each other once they were granted independence. They had fought
as a bigger group, but once that bigger group got its reward, smaller groups
within it began to ask what it was that was good for their smaller groups. This
has led to terrible loss of lives among a people that had recently come out as
one.
Today, the UTM, a break-away faction from the ruling Democratic
Progressive Party, is a darling to the Malawi Congress Party. Recently, MCP and
UTM supporters agreed to conduct political rallies together, a sign of
solidarity. But all this is because they are a group connected by a common
cause―allegation that the May 21 Poll was stolen from their leaders. I am not
sure their ‘ideologies’ will allow them to operate as children of the same parent
post-Constitutional Court determination.
In Malawi today, people are fighting for what it is that is for their
group. It is not a bad question, because we all wish to benefit from this small
national cake. However, we must never shy away from asking and warning
ourselves whether our demands are realistic in the context in which we are. At
the same time, such demands must be made within the framework of liberal constitutional
democracy, the form of democracy we adopted for ourselves. In short, we must
remember that liberal constitutional democracy incorporates both liberal
elements and constitutional elements, and so must comprise the three features:
‘liberty’, ‘constitution’, and ‘democracy’ itself. This is important because
these three elements must all be present together or a country is not a liberal
constitutional democracy (Ginsburg & Huq, 2018, p. 10).
The ‘democracy component’ in liberal constitutional democracy means
that there must “first (be) a democratic electoral system―most importantly,
periodic free and fair elections in which the modal adult can vote―after which,
the losing side concedes power to the winning side” (Ginsburg & Huq, 2018,
p. 10). Conceding of power here entails that the elections were free and fair;
if not, democracy itself institutes a system that deals with that. This is the
duty of the second component of democracy―constitution or simply “a level of
integrity of law and legal institutions―that is, the rule of law―sufficient to
allow democratic engagement without fear or coercion” (p. 10). The last
component―liberty―comprises the particular liberal rights to speech and
association that are closely linked to democracy in practice” (p. 10). In the
Constitution of the Republic of Malawi, we have a whole chapter on this,
Chapter IV, the Bill of Rights (sections 15 to 46).
Now does liberal constitutional democracy cease to be one when there is
a deficit in one of these three components? Well, liberal constitutional
democracy requires some modicum of all the three components (‘democracy’,
‘constitution’ and ‘liberty); it might also survive if some elements are not at
full capacity” (p. 10). ‘Deficit’, remember does not entail ‘absence’.
The last explanation why we prefer to ignore reality can be found in
what is described as the blinding glare of the expert. Credibility oozing from
experts tends to blind us from seeing the truth. If I get my advice from a
lawyer ‘of good standing in society’, the probability will be high that I will repose
all my faith in him or her, and take what he or she says for gospel truth. Likewise,
if one leading a cause is someone people respect, people are likely to follow
without questioning. This implies that self-justification increases with the
type of experts espousing your cause. If the majority of the so-called
political scientists endorse your cause as just, you’re bound to swallow their
‘advice’ and believe in your cause as being just and pro-people. The
international community often falls prey to this spell because they often rely
on surveys, opinions and research by such experts. Unfortunately, most such
surveys are interpretations from the experts themselves rather than a mix of
meanings from the experts and the participants with careful regard to context.
It is not a crime to believe in the experts. Even philosophers such as
Plato, Kant and Kohlberg assert that the “ability to reason well about ethical
issues causes good behaviour” (Haidt, 2012, p. 78). It therefore makes sense
that many follow such experts and professionals as lawyers, pastors,
philosophers, political scientists, journalists et cetera as they represent a
value conflict-of-interests-free. Despite this truth, Haidt, citing Eric
Schwitzgebel, warns that, sometimes, those who know the law or the subject
matter better can even be worse off.
According to Haidt, Schwitzgebel had conducted surveys and more
surreptitious methods on the extent to which moral philosophers gave to
charity, voted, called their mothers, donated blood, donated organs, cleaned up
after themselves at philosophy conferences, and responded to emails purportedly
from students. The results were striking in that “in none of these ways are
moral philosophers better than other philosophers or professors in other
fields” (p. 78).
Explaining why the world was plunged into an economic crisis and then
deep recession in 2008 following the loss of at least $11 trillion from the
U.S. economy alone, Sarna (2010) says the expert ended up being part of the
greed and fraud through their failure to question things well until the crash
had occurred. Sarna cites Professor Nouriel Roubini of New York University who
said:
The problem is that in the bubble years, everyone
becomes a cheerleader, including the media. This is the time when journalists
should be asking tough questions, and I think there was a failure there. The
Masters of the Universe were always on the cover, or the front page . . . I
wish there had been more financial and business journalists, in the good years,
who’d said, “Wait a minute, if this man or this firm, is making 100% return a
year, how do they do it?” (p. 8).
What Professor Roubini means by this is that everyone was gullible,
believing the version of the truth from the textbook of the Masters of the
Universe or CEOs or politicians. Professor Roubini is calling for a more
critical media at all times, including the time of plenty, and not only when
things go wrong.
In Malawi, we had to wait for some maid to spend lavishly and for some
bizarre shooting to occur for us to realise some people were stealing from
government coffers. And even after that, we have left it in the hands of the courts,
nothing happening on public policy front yet literature tells us the problem of
corruption can never be addressed through litigation alone; overhaul of the (whole)
policy system ought to occur first to work hand in hand with the litigation
route. We never learn.
While still on this subject of the media as a source of the blinding
glare of the expert, it would be naïve of me to paint them in black without
highlighting their noble role in a democracy. There is no question that the
media play
a crucial role in democracy especially in the fight against corruption. The
media however are never without frailties; they are human beings after all. For
the reason, they, in some cases, distort facts, or even pump in people a
sensation that force them to throw caution to the wind. Two or three illustrations on this excite me.
At page 3, Richard Campbell (in
his wonderful book, Media and Culture)
tells a story of how, in April 1996, the media in the United States had
contributed to the death of seven-year-old Jessica Dubroff along with her
father, Lloyd, and her flight instructor.
The sensation surrounded the
hype to make history; the media wanted to make Jessica the youngest person to
fly a plane across the North American continent. Campbell says prior to this,
Jessica’s father had supervised a letter, inviting Bill Clinton (at the time
President of the United States) for a ride. Fortunately, “the President staff
declined the invitation” (Campbell, 1998, p. 3).
The stunt by the media had
forced the crew to disregard severe weather on the day; their goal was to break
the record. That this was a small plane carrying too much weight didn’t matter
to them. They had to break the record (in April) before Jessica’s eighth
birthday which was May.
According to Campbell, TV crews
and news reporters waited at every stop along the way, and then the disaster struck―the
plane crashed. And “one of the items recovered at the crash site, a smashed
portable TV camera, belonged to ABC. Jessica’s father had planned to use the
camera to document the flight for the network” (p. 3). He adds: “In the wake of
the crash, the media’s role in the publicity stunt was criticised” (p. 3).
The moral in this story is that
much as the media have the power to set positive agenda on matters of democracy
and good governance, they also command a glare that can guide a people to act
in certain ways akin to making them throw caution to the wind, more or less
forcing them to not see things with that critical eye. One can just imagine
what would have happened had Bill Clinton got carried away with that and
accepted to be part of the people in that small Cessna 117B (plane).
In Malawi, some journalists have
been known to offer Government dangerous public policy advice or have exaggerated
issues to increase circulation and advertisement. Commenting on how local
elites exploit the poor especially in the developing world, Professor Dan Banik
(2010), observes:
Another
instance of local elites ‘using’ human deprivation to promote their interests
was that of a handful of local journalists who may exaggerate stories or
wrongly file sensational reports (e.g. on child-sale, prostitution, forced
migration and alleged starvation deaths), not only to boost the circulation
rates of their publications but also to become somewhat indispensable to their
editors who are based faraway in major urban centres. Such reports are
therefore quite common in major Ugandan and Malawian dailies and at regional
and district level publications in India (p. 233).
One person who knows first-hand
what the media can do to sway public opinion even on issues that do not exist
is George Thapatula Chaponda, former minister in the ruling Democratic
Progressive Party.
In February 2011, a section of
the Local Courts Bill was submitted to Parliament of Malawi. In the Bill was a
clause: “Any person who vitiates the atmosphere in any place so as to make it
noxious to the public, to health of persons in general dwelling or carrying on
business in the neighbourhood or passing along a public way shall be guilty of
a misdemeanour.”
When journalists understood the
provision to mean banning of farting in public and the then Minister of
Justice, George Chaponda, was asked, he found himself swallowing it hook, line,
and sinker. Chaponda said the provision was indeed applying to farting in
public. News outlets, including the BBC and The Huffington Post, came to our
door, disseminating the comedy the world over.
It took the Solicitor-General at
the time, Anthony Kamanga, to correct the matter, explaining that, by ‘air
fouling’, the provision simply meant ‘air pollution,’ adding, “how any
reasonable or sensible person can construe the provision to criminalising
farting in public is beyond me.”
Chaponda later clarified
himself, saying he had been misled by the journalists.
Am I saying journalists are
liars? No, not at all. What I am saying is that sometimes some journalists do
report things they themselves do not understand or whose consequences they do
not carefully foresee. Public policy and law as is engineering and medicine are
fields of specialty; you need some study upon them to understand and interpret
them properly. The problem we have in most developing countries is that anyone
does become a journalist or reporter, and once they get this great opportunity
to serve public interest, they make no further effort to improve upon
themselves academically or professionally to execute the job with distinction.
At one time, a friend of mine, a
journalist, had pestered the Government of Malawi to sell maize when strategic
policy making was advising otherwise. Adamant, the Government refused to sell
the maize at the time. Months later, when hunger struck, the journalist’s
judgement was proved misleading. Fortunately, he came out and confessed he had
read it all wrong. He is one of those few principled journalists I know; I’m
not sure others would have retracted their statement with similar level of magnanimity.
Again, am I saying the media are liars? No, if I did I would be a liar
myself. What I am saying is that there must be room in us to reason and arrive
at a balanced answer or interpretation. I must question a survey that
encourages violence no matter the author.
In short, although experts tend to convince us that what they do is
always right, it is good insurance to assume some objectivity before succumbing
to their expert opinion. Lived experience often contrasts with the
well-arranged contents of a published textbook and those who represent it.
The same could somehow apply to some Men of God. It does not
necessarily mean that when someone professes to know GOD then their advice will
never be laced with prejudice. Lessons from the Rwandan Genocide show a lot of
Men and Women of GOD and churches in the forefront in the genocide. In fact,
Longman (2010) observes that in some communities it were the clergy,
catechists, and other church employees, a class of people with better knowledge
of the local population, that identified the Tutsi for elimination. He adds
that some church personnel went as far as actively participating in the
killing. In fact,
[T]he International War Crimes Tribunal for Rwanda convicted
Elizaphan Ntakirutimana, a pastor in the Seventh-Day Adventist Church, for
encouraging Tutsi to assemble at his church in Kibuye Prefecture, then leading
to the church a convoy of soldiers and civilian militia, who slaughtered some
8,000 Tutsi (p. 6).
Again, he writes that “in April 1998, a Rwandan court condemned to
death two Catholic priests, Jean-François Kayiranga and Eduoard Nkurikiye, for
luring people to Nyange parish, where soldiers and militia subsequently
massacred them, then bringing in a bulldozer to demolish the church and bury
alive any survivors” (Longman, 2000, p. 6).
He adds that,
Prosecutors in Rwanda have accused Father Wenceslas Munyeshyaka,
the curé of Sainte Famille parish in Kigali, of turning over to death squads of
Tutsi who had sought refuge in his church. Survivors report that Munyeshyaka
wore a flack jacket and carried a pistol and that he helped to select out
sympathisers of the Rwandan Patriotic Front to be killed. According to some
witnesses, he offered protection to women and girls who would sleep with him
and turned over to death squads those who refused his advances (Longman, 2010, p.
6).
Thus, politics and hatred turn even good people, from every section of
the society and every religion, into unimaginable perpetrators of evil. In
fact, according to African Rights as cited in Longman (2010), “more Rwandese
citizens died in churches and parishes than anywhere else” (p. 4). Longman
adds, “believing that their actions were consistent with the teachings of their
churches, the death squads in some communities held mass before going out to
kill” (p. 7).
Thus, we should beware the extent to which we deliberately discard
truths in exchange for rooted bias, unsubstantiated belief and bigotry about or
in our group, and in our faith in the all-knowing, invincible expert.
Perhaps I should add that sometimes we keep quiet or refuse to take a
stand because we misread some pieces of legislation. A good example can be our
fear that when we’re serving in the civil service or public sector, we must
lock ourselves against anything politics because law in Malawi admonishes civil
servants or bureaucrats to never embroil themselves in politics. My reading is
that a lot of people get this advice wrong, a pure misreading of some
provisions in the (Malawi) Public Service Act of 1994 (Cap. 1:03 of the Laws of
Malawi).
It is important to note that this same Act, the (Malawi) Public Service
Act of 1994 (Cap. 1:03 of the Laws of Malawi), that is, provides in section 7
as follows: “All public officers shall be treated fairly and equally in all
aspects of human resource management and development without regard to their political, tribal or religious affiliation
or to their sex, age or origin in Malawi” (emphasis mine). What this means is
that law recognises that civil servants too do have political positions.
In fact, the Constitution of the Republic of Malawi itself, in section
193(1), provides that “[M]embers of the Civil Service shall ensure that the
exercise of participation in political activities does not compromise their
independent exercise of their functions, powers and duties as impartial
servants of the general public”. Of course, there is a category, that of senior
public officers, which the National Assembly is mandated to prescribe as “not (be)
able to directly participate in political activities” (see section 193
subsection 2 of the Constitution). This ‘seniority’ however does not apply to
those civil servants whose functions are not directly concerned with the formulation
and ‘administration’ of the policies of the Government [see paragraph (c)―the
proviso to section 193(2)].
In short, when the issue before us is such that it threatens our very
existence, when it threatens to shake this National House off its foundation, we have no right to obsess ourselves with mere regulations as a way
of imprisoning ourselves from not speaking on matters that threaten to shake
the very foundations of the very national interest we purport to serve and
protect. However, our input should be that which shall encourage overall
reasoning on matters, balanced input backed by evidence, done in the interest
of survival of this perfect inheritance, Malawi.
We all know the problem: weak electoral system, not the people there.
Political science suggests that “the rules governing an election can influence
outcomes” (Cross & Blais, 2012, p. 60). How that we do not work to perfect
such rules in the system is beyond me.
HOW THE
DEMONSTRATIONS HAVE ACHIEVED THEIR PURPOSE
I have heard many who have argued that these demonstrations have so far
failed to achieve their purpose. The argument these people advance is that, the
demand (by the organisers of these demonstrations), namely to see Justice Dr
Jane Ansah abdicate as Chair of the Malawi Electoral Commission, hasn’t been
met. As far as I am concerned, these demonstrations managed to achieve some important
purpose some weeks ago. In my opinion, our failure to realise this is now
working against the very objective they purport to serve―fighting for the
voiceless majority.
In what way(s) have the demonstrations
failed to achieve the purpose?
First of all, it is important to remember that demonstrations work
better when they “trigger exaggerated responses from government, thereby revealing
its (government’s) true ‘repressive’ character” (Neumann & Smith, 2008, p. viii).
In other words, demonstrations attract a lot of sympathy when the authorities respond
with brute force, when those organising the demonstrations look victims at the
hands of the authorities, especially the police.
Some analysts argue that, in fact, organisers target places where they
are absolutely sure of harvesting maximum publicity, confrontation and
violence. Ginsberg (2013) writes that one of the reasons Martin Luther King,
Jr. had organised the April 1965 march at Selma in Alabama was to court maximum
attention. In other words, Ginsberg argues that
Selma had been chosen not only because of its record
of discrimination but also because Dr King was confident that state and county
(local) political leaders (there) were fools. He expected them to respond to
peaceful protests with violence and, in the process, imprint themselves upon
the collective consciousness of a national television audience as the brutal
oppressors of heroic and defenseless crusaders seeking freedom and democracy
(p. 23).
In short, Dr King knew that authorities there were bound to use heavy
handedness, a situation that was going to provide the protesters with wide
public sympathy. True to Dr King’s wishes, Alabama state troopers attacked the
protesters, leaving forty demonstrators seriously injured, forcing the media to
dub it ‘Bloody Sunday’ (p. 23).
For the same explanation, some scholarship has argued that what
organisers of ‘peaceful demonstration’ hope for as they organise the ‘peaceful
demonstrations’, is, in fact, the violence itself. Milligan (2013) gives the
example of satyagraha (literally
meaning firmness in the commitment to truth or passive resistance) or simply
the non-violent movement spiritual protest organised by Mahatma Gandhi in India
during the latter days for the country’s struggle for independence.
Milligan writes that Gandhi had made attempts to secure a formal
separation between official participants in the protests and the larger
undisciplined crowds who supported them. However, Milligan cites critics who
argue that despite this attempt to explain the difference between the official
participants wedded to peaceful marching and the isolated undisciplined
elements within it, “the formal separation did not alter the fact that there
were scuffles, low-level violence and sometimes not-so-low-level violence
wherever he went” (p. 11). According to Milligan, such critics take the
position that the violence was “the price of popular mobilisation” (p. 11). However,
this works where such violence is met with exaggerated response by those in
authorities. Has this been the case in the current demonstrations?
Well, at first the authorities came in with threats, largely verbal. But
so far, their handling of the protests has been civil and measured. The
demonstrators have been to every place, among which Parliament, and State
House, where presence would anger the authorities for maximum force. Perhaps
the authorities know any heavy handedness would play the trigger in this powder
keg of tension for more violence and more demands, thereby submitting to the
desire of those organising the demonstrations. Eventually, among victims have
been police officers themselves, two of them killed though we know two
civilians have also died, one while in the hands of the police, and the other,
a child, perhaps through inhalation of toxic vapour from teargas at a hospital in
Blantyre.
It is becoming difficult to judge who exactly is the victim of whatever
is happening, the common man and woman, the police or the organisers of the
demonstrations themselves? In an atmosphere where one can hardly point the
outright victim, change of strategy is necessary. Moreover, demands following
these demonstrations are taking ethnic dimensions, something that blurs the
whole purpose of these demonstrations in the first place. In this way, one
would argue, these demonstrations have failed to trigger the exaggerated
response from the authorities. This could make more sense when one considers
the fact that in the history of Malawi, the police have never been so mild in
their response to violent demonstrations. I know there are people who have accused
the police of not handling the situation better. Such people forget that these
demonstrations have been the worst in the history of Malawi yet police response
to them has been so measured. On July 2011, twenty demonstrators lost their
lives at the hands of the police. And years ago, towards change to multiparty
democracy in 1992, “at least 38 people were shot dead by the police (in this
country)” (Muluzi, Juwayeyi, Makhambera, & Phiri, 1999, p. 140). If we
consider facts with such evidence, we can appreciate the difference.
My urge to the police is that they should, as much as possible, avoid
this exaggerated response because when government uses a calm response to
violence, sympathy finds for government (Neumann & Smith, 2008, p. i). This
happens when government uses a calm approach, emphasising the importance of the
rule of law (p. viii).
At the same time, my urge to those organising the demonstrations is
that the cause is now becoming a confrontation between regions and ethnic groups.
This is a dangerous development, one that requires a rethinking of the
strategies. In short, there is no better time for talk than this.
In what way(s) have the demonstrations achieved
the purpose?
These demonstrations have managed to bring to the surface long-time
problems in our democracy. In other words, they have managed to set the agenda
though the organisers have failed to make use of this when they declined to
engage themselves constructively in dialogue at the right time. Second, the
demonstrations have managed to create apprehension in the people, but again,
the organisers have refused to read that creation of anxiety requires that you must
not push it too far and too long lest the people should get weary of violence
and begin to shun the cause.
First, let us consider what the purpose of a civil disobedience is. I
will start by defining it.
Civil disobedience is defined as “the conscious (deliberate, calculated)
violation of a law or custom of society by a group or individual in order to
achieve some good or eliminate some evil within society” (Kepferle, 1980, p.
3). Two issues are worth mentioning here, namely that normally the act of
disobedience runs on the principle of non-violence, and that “self-interest is
not the primary motive for disobeying the law” (p. 4).
As far as I am concerned, the on-going demonstrations in the country
are taking the civil disobedience route mainly for taking the demonstrations
route while the matter is in court. Their argument is that their demand to see
Justice Dr Jane Ansah go is a different issue to what is before the
Constitutional Court. They argue that the demonstrations are about seeing Justice
Dr Jane Ansah go because she presided over elections fraught with
irregularities, while the Court is working to determine whether the poll was
irregular or to determine the extent to which it was irregular and therefore
deem it invalid and thus order a rerun.
All these aside, these demonstrations have managed to set the agenda.
So, what or which agenda? Well, without the organisers knowing it, they have
managed to point us to the problem that has dogged our democracy since its
inception in 1993. To make sense of this, I should discuss three models of
democracy: the minimalist (electoral) model, the midrange (proceduralist)
model, and the maximalist (substantialist) model.
According to Merkel (2018), those countries in the minimalist model,
also known as electoral model, define their democracy by whether they conduct free,
equal, and secret elections. In other words, for these countries, once you hold
free, equal, and secret elections, you are done, you have achieved democracy.
In this model, voters are compared to buyers at a market place where
politicians (sellers of political merchandise) sell their goods (policies)
promoted through manifestos. The market place is the poll where the people make
decision whether to elect or reelect a representative based on their
performance or their manifestos. In this model, although “human rights and or
the rule of law are important preconditions for democracy, they do not see them
as necessarily inherent elements. The monitoring of government by civil
society, let alone direct democratic intervention by the people, is considered
incompatible with rationalist realistic democratic theory” (p. 4). In this
model, the CSOs are present but they are just a category of players since the
king in this model is the voter himself or herself. This is the type of
democracy we have pursued ever since we adopted multiparty democracy, where
nothing else really mattered as long as we held the elections. In fact, we are
still on this stage, are we not?
The second model, the midrange model or the proceduralist model, is an
advanced stage of the minimalist model. According to Merkel (2018), democracy
should not be restricted to free, general, equal, and fair elections; there
also must be the rule of law and horizontal (not merely vertical which is
offered by the voters) checks and balances. In other words, vertical checks and
balance, that is checks and balance by the people at elections, isn’t enough.
There must be parallel or horizontal checks and balances by the civil society.
No elections will be described as democratic unless they are “embedded in
guaranteed human, fundamental, and civil rights, the democratically legitimated
genesis of norms binding on the whole of society, and the interlocking of and
mutual constraints on the executive, legislature, and judiciary make formally democratic
elections also effectively democratic (Merkel, 2018, p. 4, citing Beetham, 1994,
p. 30). Simply put, the midrange model is characterised by a vibrant civil
society, genuine respect for rule of law, well informed (general) public,
critical public debates, open structures for transparency, accountability, and
government response. Do we have these structures in Malawi? Put differently, does
Malawi practise the midrange model?
Well, in theory, yes; in practice, no. In practice, we are still bogged
down in the minimalist model. The civil society organisations and these
demonstrations are asking for this model (the midrange model) when all along we
have been practising the minimalist model. Can this change overnight? No, not
at all. We need to put in place a system to hold this in place. We must change
our electoral laws, for example, by adopting the second round model also known
as the 50 + 1 model, find ways to make our systems more open, for instance, by
making the Access to Information Law a general instrument to guide the way we
conduct our affairs, etc. Thus, the first step is to put in place a system to
uphold the midrange model of democracy, otherwise, even if the Constitutional
Court orders a rerun, we would still struggle as we would still witness the
same problems, something that will make it difficult to come out.
The Human Rights Defenders Coalition have managed to point us to a need
for structures to support the midrange model although they are failing to find
the best approach to address it. They believe that once Justice Dr Jane Ansah
goes, things will align themselves and the country shall, from then on, begin
to practise the midrange model. This is why I always argue that the problem is
beyond Justice Dr Jane Ansah.
Well, the last model, the maximalist (substantialist) model, is beyond
Malawi and even most developed countries since this model includes the output
dimension as systemic performance. Simply put, it is like a different type of
democracy altogether as it contains all issues described in the midrange model
but adds a component that ensures that a nation is strong in the following
area: “placing collective goods such as internal and external security,
economic well-being, welfare-state guarantees, and fairness—however defined—in
the distribution of basic goods, income, social security, and life chances” (p.
5). In short, it focuses on “avoiding extreme inequalities in the distribution of
income, primary goods, and life chances, for only social democracy safeguards
the principle of political equality” (p. 5).
Issues in the maximalist model are issues our economists talk about,
but honestly speaking, they talk about them without understanding what they
imply and whether they are attainable in a nation that is still fighting to
assume a better posture in the minimalist model.
Think this way, Malawi is currently struggling to adopt the midrange
model yet no one is ready to make proposals for us to take this direction.
Everyone thinks this change will come once Justice Dr Jane Ansah leaves the
scene or once the Constitutional Court orders a rerun. I am not surprised; we
like this. When we were moving from the one-party system to multiparty
democracy, those we had entrusted the job with, got obsessed with doing away
with the one party system, and they ended up disregarding what measures we had
to put in place to ensure we were growing from the minimalist democratic model
to the midrange model. The window of opportunity we have today is this
realisation that what we have been doing so far has failed to fling us onto this
second stage. Unfortunately, instead of seizing on this opportunity, we are adamant
on demands that take us back to the minimalist model―we are dancing about a
point.
Many a time I have pointed out that the Public Affairs Committee ought
to rethink its approach to issues by understanding what it is that we need to
emphasise at this hour in our democracy. This is what I mean: they must study
the requirements for a midrange model, and what it is that we should
collectively do to attain it.
The window of opportunity the impasse has
provided us with
First, let me discuss how the organisers of the demonstrations have
managed to push matters, a situation that has led to this ‘window of
opportunity’. It is important for me to discuss this since they have used creation
of apprehension to achieve it. I know you’re surprised.
By apprehension here I mean anxiety, “a description of a particular
kind of extreme fear” (Neumann & Smith, 2008, p. 2). Thus, I use this term
to refer to “the deliberate creation of a sense of fear, usually by the use or
threat or use of symbolic acts of physical violence, to influence the political
behaviour of a given target group” (p. 8).
During the fight for independence, our parents had used the same tactic
when they triggered the asking of a question on the part of the target group
(colonialists): ‘is it worth paying the price to maintain the present
situation?’. Neumann and Smith say colonial governments reexamined their stand,
asking whether it was worth it holding on to their prized colonial assets when
maintenance would be too high.
Thus, by creating terror in the mind of the colonial master, our
parents forced him to give up his determination to hold on to such colonial
assets as the Nyasaland Protectorate. We used the same approach when fighting
the one-party regime in the early 1990s.
Like it or not, what the organisers of the demonstrations have done so
far has, to some extent, managed to create some apprehension in most of us. For
example, for the first time, President Arthur Peter Mutharika used law to order
the country’s Defence Force and the Police to counter the demonstrations at
airports and borders. From his tone, he was decisive; he had felt threatened. In
some way, Government has also used the same tactic, creating apprehension in
people to buy sympathy. For example, a few days ago, government held a press conference
where they argued the opposition are pursuing a plot to assassinate the ruling
party leadership. I personally do not think there could be any truths in these
except as a means to create fear in sympathisers and thus buy their support.
But such things are unnecessary because the social media foot soldier can
interpret it in his own manner and arrive at funny answers himself or herself.
At the same time, those on the other side should avoid creating scenarios with
the purpose to buy sympathy or put government in bad light. Let honesty drive
our cause, government, the opposition, and the civil society.
Demonstrations
and Democracy
Before I discuss this section, let me say something about what the
American President Donald Trump had said about how China should handle the
question of the ongoing protests in Hong Kong.
According to ‘The end of Hong Kong as we know it’ (from National Review) posted August 15, 2019,
11: 09 PM available at www.yahoo.com/news, protests in Hong Kong started in June this year, and the trigger was the
extradition bill Carrie Lam (the city’s Beijing-backed chief executive) had
proposed that many feared would enable the Hong Kong authority to turn over to
China anyone the Chinese Government would deem ‘criminal’ including human
rights activists and political dissidents. The Bill has since been withdrawn
although the protesters are now giving five demands, not one less.
According to the BBC (see ‘Hong Kong protests: Trump urges Xi to meet
demonstrators’ dated 15 August, 2019, available at www.bbc.com/news), the Chinese Ambassador has since warned that Hong
Kong was at a ‘critical moment’ and that the Chinese Government would intervene
if events deteriorated further. This is beside what the Hong Kong leader
herself has warned, namely that the city could be ‘pushed into an abyss.’ The
article says that President Trump has however urged the Chinese leader, Mr Xi
Jinping, to meet the protesters. Earlier Mr Trump had tweeted that he does not
doubt that President Xi “wants to quickly and humanely solve the Hong Kong
problem.”
Why does America take this stance on protests? Two reasons I suppose.
First, despite all the contradictions and pain protests bring to democracy, the
truth of the matter is that protests are like water to a river―take it out of
the equation, the whole concept (of democracy) tumbles. In their book Beyond Control (foreword by Archbishop
Desmond Tutu himself), Redekop and Paré (2010), demonstrate how protests have
come to resemble democracy itself, arguing that, since the 1960s, protest
crowds have been significant agents of social change in modern times. The two
authors cite a number of examples, including how protests helped to persuade
Richard Nixon to pull the United States out of Viet Nam, and how they help put
environmental concerns on the political agenda. They add that protests were
instrumental in bringing down communist regimes (through what is described as
the ‘velvet’ or ‘silent revolutions’ in 1989 and 1990), and in turning back
corrupted elections in Serbia in 2000, Georgia during the Rose Revolution, and
in Ukraine during the 2004 Orange Revolution.
The second reason could perhaps be because the birth of America itself
(and of course many other nations on earth) was through an act of protest.
According to Redekop and Paré (2010), when crowds gathered in Boston in 1774 to
protest taxation of tea (after Britain had reduced import tax on tea which
meant loss to businesses to American tea traders) and emptied a ship’s cargo of
tea into the harbour, the American Revolution was born. This Revolution was to
end in independence of Thirteen Colonies from Britain and in the formation of
the United States of America.
Recently, the demonstrators in Malawi vowed to shut down the country’s
twin airports and borders. The High Court came to Government side, ‘banning’
the demonstrations in these places. Undeterred, the organisers announced
another bout of demonstrations in the country’s main cities. Again, the
Government had been rescued by the intervention of the Malawi Supreme Court of
Appeal which had since ordered a moratorium of 14 days within which demonstrations
should not be held. The Court hoped that within those days all the sides would
meet to work out a commitment or modality that would ensure peaceful protests.
It didn’t work until the Blantyre protests which saw a prominent member of the
SCO, Billy Mayaya injured. Lately, the Supreme Court has demonstrated that
peaceful demonstrations are part and parcel of democracy. People considered it a
landmark ruling when it is all clear no nation that practises some form of
democracy on earth can ban demonstrations. Of course, if demonstrations are
getting out of hand, the Courts have a duty to protect public interest by
guiding how they should be conducted within the ravine of peace.
As I write this, we have lost a police officer at the hands of rogues
in the Central Region of the country who were against the President using the
road, “because he is not a legitimate President”. Currently investigations are
ongoing. I would thus not say much on it. Important however has been the call
for cessation and for dialogue by one of the organisers of these demonstrations,
Timothy Mtambo of the Human Rights Defenders Coalition. Many people have
dismissed the call as too little too late. But Malawians must remember this, despite
all the pain this has caused us all, we must never dismiss gestures that point
towards peace.
Why should we all embrace peace? Well, no one will ever come to tell us
to stop demonstrations. We have ourselves to reason amongst ourselves why this
should be the time to rethink our strategies and demand constructive dialogue.
The Courts have demonstrated that they can never ban demonstrations.
The President has demonstrated that he can never ban the demonstrations though
he has requested them to rethink their positions. The police have handled the
violence component of the demonstrations with a largely measured response. The
people have demonstrated that they are not happy with the violence component in
the demonstration. Mediators have tried to bring parties together for a lasting
solution to the problem. We have lost a police officer, in fact, two police
officers so far, and two civilians―a baby and a protestor. Should not this be
time to de-escalate?
Pressure on authorities works to bring both the government and its people,
including organisers of demonstrations, to the negotiating table. There must be
a point where we all would say let’s sit down and talk. Let us not forget that
there always comes a time when people yearn peace, peace at whatever cost. It
is important to give the people peace at this critical moment. Besides, when
people begin to challenge one another in language of discrimination along ethnic
lines, wisdom must force us to talk and remind them that what builds us is far
bigger than what divides us.
WHY
DIALOGUE SHOULD BE THE WAY NOW
The most important reason we need dialogue today is that an impasse
left for too long degenerates into strife or violence. Whoever we are and
wherever we are, we must be concerned about violence. Joseph L. Soeters (2005)
gives three reasons why violence should be a matter of concern to the world.
According to Soeters, “the first reason to be concerned about violence
is its ubiquity. It takes place close to home, much closer than we tend to
think at first hand” (p. 2). In other words, wherever violence happens, it
always affects us. Even violence outside our country still affects us somehow.
It is like an outbreak of a disease; it is never far from me or home. I must
therefore take precaution.
I do not know how much tax money we have lost to maintaining order
during demonstrations, money which should have served some more immediate needs
in our already resource-restrained setting.
The second reason why we should be concerned about violence is that
violence is not a passing phenomenon. Think like this: once violence begins in
a country, it creates more violence. Initial violence is like a fissure through
which more ‘violences’ flow out to cause chaos. In his words, Soeters observes
that “conflicts follow one after the other, wave after wave” (p. 2). He gives
the examples of the genocide in Rwanda in 1994 and how that was followed by
conflicts in neighbouring countries such as Burundi and the Congo. He adds that
“the problems in Somalia were only just abating when the Sudan was moving
towards an expanding war” (p. 2).
Soeters had made the observation in 2005. If he were making it today,
he would find it necessary to note that the violence which started in Tunisia
in December 2010 “with the self-immolation of a jobless student, Mohamed
Bouazizi, who set himself on fire after police tried to seize the vegetable
cart that he was using to make a living” (Milligan, 2013, p. 4) has seen a
number of countries turn to the state of nature, numerous lives perish and
millions and millions of people left destitute. I am not sure how much pride
the people who had set it all a-motion feel about their role in it all.
In Southern Africa, especially in South Africa, new and radical voices
are coming out in deafening quantities, agitating for reclaiming of their
economic freedom. To allow what happened in North Africa to spread in Southern
Africa can set in motion a terrible form of fire. Malawi is generally known for
her peace, almost an example of how a people should live. If this example can
explode, what will prevent others already living on the edge of tension from
going the same way? Our leaders in this country have a duty to ensure we do not
slip into lawlessness.
Mozambique is holding her elections next week. News coming from there
is not particularly encouraging. Let us hope GOD will guide them and bring them
out without issues.
Finally, Soeters observes that violence should scare us all because “it
cannot be accepted morally” (p. 2). What he wants to suggest by this is that
violence causes extensive human and property damage, and whatever justification
those behind it might wish to advance, the collateral damage is morally
unacceptable. Whatever justification one may have, it fails to justify such
acts as undressing a female police officer in public, looting private
businesses, setting alight private and public property, injuring of
demonstrators, killing each other, you name it.
RECOMMENDATIONS
First, let us tame both our words and our anger. Tension, like a powder
keg, requires that we must avoid words that can incite, as “words have the
power to hurt, even to denigrate and oppress others and work as a spark to
destruction” (Achebe, 2012, p. 63). On this, I would advise that spokespersons
for political parties should be people who measure their language before
execution. Careless talk costs lives. We do not want this treasure of a nation to
go down in flames because someone fails to censure his or her language.
Second, let us, with speed, identify matters which concern us and bring
them to the negotiating table. Let us also draw parameters of these concerns:
do we address matters regarding these elections and forget previous
recommendations? Should we discuss issues right from the days of Independence
or even before that?
At the same time, let us go there with a heart to meet mid-way. In
negotiations people do have positions, but honesty requires that we must be
prepared to give in so as to reach a compromise. In this regard, I wish to
agree with those who have proposed a national peace conference on the need to
address policy and legal areas that have given us a headache over the years.
Nothing can work in dialogue when those entrusted with it lack that
earnest talking heart. For the reason, let us desist from creating false alarms
of coups and assassinations, or blaming each other on staged acts. Such
attempts to buy sympathy and make the other side look more devilish will only
lead to an atmosphere of distrust. We do not need that.
At the same time, let us hear more of sermons of peace from our
political leaders from both sides of the divide. Followers ought to be told in
no ambiguous terms that there’s no border in Blantyre or Lilongwe or Mzuzu, and
so any Malawian can be anywhere at any time in his or her country. My home
district is the wonderful city of Zomba, but I have no business marking
boundaries therein, refusing others from enjoying Zomba, a city that belongs to
all Malawians. In fact, it was this very belief that allowed our forefathers,
forget Kuntumanji’s position on the issue, to see the city go to a
strategically central position―Lilongwe. We of Zomba expect brothers and
sisters of Lilongwe to learn to respect this great gesture.
When people who live together begin to remind each other where they come
from, or which ethnic group they belong to, we must never keep quiet and
believe that things will reverse themselves. At that point, we must rise above
all prejudice and tell in no unambiguous terms we can do better.
This is important: tell your people what they should do on the day the
Constitutional Court makes their determination. Remind them that decisions do
go the other way, but what matters it to remember that we have a bigger
inheritance to look after. Remind them that there will be another election in
five years’ time, but that there won’t be another Malawi outside the Malawi we
have today. Remind them that after the Court determination our job to build
this national Inheritance should continue with an even higher measure of
vigour. Remind them that whoever shall form Government, it shall be our duty as
Malawians to offer our support to build this great national Inheritance.
Finally, unless people who matter in this society take real interest in
addressing this impasse, we should brace ourselves for some real shocking
moments. It seems we are fast letting go of that which had been holding us
together all this while. Malawi needs a national conference to discuss matters
with an open mind, to dig out the core of our problems and seek answers for a
better nation.
The many social and political commentators who openly take sides on
many an issue ought to be reminded that we have a job to build here, and that
the last thing we need is a language that can scupper this great process of
peace and dialogue. It should be made clear to them that, should they in their
stoking, and GOD forbid, plant chaos, we shall demand a clear explanation from
them in a formal setting of justice.
Finally I could suggest that we involve such people as Father Andrea Riccardi
in our dialogue. I do not think he can turn down that request. I know this man
loves Malawi. In 2008 or 2009, he launched a book in Malawi―Living Together. It was published in
London yet Father Riccardi decided to launch it here in Malawi, which, to many
of us, was a privilege as well as a surprise.
Father Andrea Riccardi, Professor of Contemporary History at La Terza
University in Rome is the founder of St Egidio (which he founded in 1968) and
he and Matteo Zuppi (through the community of St Egidio) were the mediators for
the end of the 1975-1992 war in Mozambique, an internecine war that claimed one
million lives. He was also mediator for peace in Guatemala, and the Ivory
Coast. He also created the DREAM Programme, an important facility in the fight
against HIV and AIDS in the Southern Hemisphere. We have one in Blantyre as I
speak. From 2011, he even served as Minister in the Administration of Prime
Minister Mario Monti in Italy.
In Living Together, Father
Riccardi asks whether, despite our differences, we can live together, connected
by a greater good. For him the answer is yes but only through our pursuit of
peace. Using history, he warns against a belief that a people can live in peace
only when they are equal in all areas of life because even a people with
similar beliefs or ideologies do turn one on the other. He seems to suggest
that, whatever it is, we are one people, one big race of GOD, and we must fight
one for the other, kind of my brother’s keeper. His writings, which I would
encourage all to read, imply that it is a fallacy believing that we can be on
our best when our ethnic group lives as one group.
This is the man I would encourage our elders to contact to help us see
sense in the power of unity.
Lastly, lastly, let us remember we have an assignment regarding the
many Malawians who suffered both for independence and for our democracy. Let us
never shut ourselves from their deafening cries. A nation can never move
forward if it refuses to heal. Healing begins with addressing our past failures
as a nation. This does not entail blaming one another; it entails closure and
some compensation so that those who suffered, or those who saw their relations
suffer and perish, finally realise the world is a better place after all.
CONCLUSION
In the words of Bishop Mtumbuka again: what we see today is a
culmination of years of frustrations with a system that has failed to make all
Malawians feel at home in their own country. It is thus dangerous to begin to
fight individuals rather than demand that certain systems be transformed to
suit our democratic desires in line with the liberal constitutional democracy
we adopted. We can win this battle, but it won’t come through violence and
bloodshed or realignment along ethnic lines. Let the damage we have caused
ourselves be the last. Let now be the time to embark on a quest for peace as a
people determined to improve themselves. Let us heal.
Thank you GOD for creating Malawi, this Home and Inheritance.
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