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Wednesday, 4 July 2007

Mutharika accuses predecessor over political chaos in Malawi

Blantyre, Malawi (PANA) - In a special live nation-wide radio and television broadcast here Wednesday, President Bingu wa Mutharika of Malawi accused his predecessor, Bakili Muluzi, of "masterminding" a Supreme Court ruling that risks plunging the country into a political mess.

Mutharika, who has been at loggerheads with Muluzi since he (Mutharika) quit the UDF early 2005, did not pinpoint how Muluzi had masterminded the ruling that could prompt the dismissal of majority of the MPs that crossed to his ruling party.

Mutharika also criticised the Supreme Court of Appeal for having granted the Speaker of Parliament powers to expel MPs who quit their parties to join others, a move that could prompt mass expulsion of MPs of his ruling Democratic Progressive Party and eventually cause the collapse of his minority government.

Mutharika had sought the court's interpretation of a controversial law under Section 65 of the Malawi Constitution, which bars MPs from switching sides in Parliament after elections.

This happened after opposition parties began pushing for the dismissal of lawmakers who followed Mutharika to his DPP that he founded after quitting the former ruling United Democratic Front (UDF) which successfully sponsored his candidature in the 2004 elections.

Mutharika said he referred the matter to the courts "for good reason", saying he believes that Section 65 was "inconsistent with other provisions of the Constitution" which guarantees fundamental political and human rights and freedom of association.

"There is discomfort in the minds of many that the learned judges, by ruling in favour of political parties rather than individuals as guaranteed in the Constitution, appear in effect to put the interests of a political party above the fundamental rights and freedom of any individual member of the National Assembly," he observed.

A High Court judge last week granted an injunction restraining the Speaker of Parliament from expelling the MPs.

Speaker Louis Chimango had told the opposition-dominated Parliament that no action would be taken on the affected MPs until the courts vacate the injunction.

But by the time the injunction was being issued, Chimango had already written over 50 MPs giving the seven days to put in their defence before he declared their seats vacant.

Lazarowicz steps in to give Mhura an Olympic lifeline

FUNDO MHURA'S passport woes could soon be over after his British Olympic team boss relaxed the deadline for the Edinburgh boxer to sort out his application.

Mhura, Britain's No.1 rated amateur middleweight, was told he would be axed from the British Olympic team if he did not get a valid passport before July 16. However, team manager Terry Edwards today said he was happy to wait after Edinburgh North and Leith MP Mark Lazarowicz stepped in to help Mhura's application.

The move means Mhura, who was born in Malawi but came to this country as a baby, will be able to fight for Scotland at the Commonwealth Federation Games in Liverpool on July 24.

Edwards said: "The July deadline is not set in stone and I can confirm that we will gladly extend it to help Fundo keep his Olympic boxing team place provided his passport is issued within a few weeks from now.

"But the statement by Mhura's MP Mr Lazarowicz suggests that his passport will be issued sooner rather than later so I can confirm that the deadline has been extended by at least several weeks.''

Mr Lazarowicz has told Mhura he will pull out all the stops to ensure a passport is issued as soon as possible. Mhura competed for Malawi at last year's Commonwealth Games after failing to get a British passport.

Speech by Mutharika: A HOUSE DIVIDED for reasons that will become clear as I go along

04th July 2007

MY FELLOW MALAWIANS

LADIES AND GENTLEMEN


Today I am addressing you the people of Malawi on the outcome of my referral
of Section 65 of the Constitution of Republic of Malawi to the Supreme Court
of Malawi for interpretation.

I have titled my statement: A HOUSE DIVIDED for reasons that will become
clear as I go along.

Before, I go on, I want to make it clear that I did not challenge the Constitution which I swore to defend and protect. I was also not challenging the ruling of the High Court. Rather I was seeking a legal interpretation of Section 65 vis-a-vis other sections of the Constitution.

In doing this, I was discharging my responsibility to you the people of
Malawi which I have under the Constitution.

I hasten to say that it is self evident that the continuing controversy surrounding this section is a clear indication that something is wrong with this section, its application, or its intended purpose.

The people of Malawi will recall that as early as 1994, this section caused controversy when AFORD joined the UDF in a coalition Government. And this section continued to cause controversy for the entire period of the UDF
rule.

Sadly, the amendment to Section 65 in 2001 only helped to compound the confusion.

REASONS FOR MY REFERRAL

Let me assure you the people of Malawi, that I made that referral for very
good reasons.

The first main reason for the referral was that Section 65 is inconsistent
with Sections 32, 33, 35, and 40 of the Constitution because these sections
guarantee the basic and fundamental human rights that:

(1)Every person shall have the right to freedom of association, which shall include the right to form associations;

(2)No person may be compelled to belong to an association;

(3)Every person has the right to freedom of conscience,
religion, belief and thought and to academic pursuit;

(4)Every person shall have the right to freedom of expression;

(5)Every person shall have the right to form, to join, to
participate in the activities of, and to recruit members for a political party;

(6)Every person shall have the right to campaign for a political
party or cause;

(7)Every person shall have the right to participate in peaceful
activity intended to influence the composition and policies of the
Government; and

(8)Every person shall have the right to freely make political
choices.

The second main reason is that Section 46 of the Constitution protects the
people from legislation that reduces or abolishes their fundamental rights
when it states that:

"(1) Save in so far as it may be authorised to do so by this
Constitution, the National Assembly or any subordinate legislative authority shall not make any law, and the executive and the agencies of Government shall not
take any action which abolishes or abridges the fundamental rights and
freedoms conferred by this Chapter, and any law or action in
contravention thereof, shall to the extent of the contravention, be invalid.

(2) Any person who claims that a fundamental right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled:

(a) to make an application to a competent court to enforce or protect such a right or freedom..."

On the basis of these clear provisions in our Constitution, my position as the defender of people's rights under the Constitution is that Section 65, as amended by Act 8 of 2001, removes all these fundamental freedoms when it states that:

"The Speaker shall declare vacant the seat of any member of the National
Assembly who was, at the time of his or her election, a member of one political party represented in the National Assembly, other than by that member alone but who has voluntarily ceased to be a member of that party or has joined another political party represented in the National Assembly, or has joined any other political party, or association or organisation whose objectives or activities are political in nature."

THE SUPREME COURT RULING

The Supreme Court of this land met on 15th June 2007 to rule on my referral. For those who want to know, the Supreme Court was composed of the following learned Judges:

The Honourable Justice Unyolo, the Chief Justice

The Honourable Justice Kalaile, SC.

The Honourable Justice Tambala, SC.

The Honourable Justice Mtambo,SC.

The Honourable Justice Tembo, SC.

The Supreme Court upheld the position of the High Court and ruled as
follows:

(1)That Section 65 is valid and is not inconsistent with Sections 32, 33, 35, and 40 of the Constitution.

(2)That any Member of Parliament, who was elected to the National assembly on a party ticket, cannot leave that party to join another political party, whether political party is represented in the National Assembly or not.

(3)That any Member of Parliament who accepts a ministerial position in Government does not cross the floor but that his conduct may cause him or her to cross the floor.

(4)That any Member of Parliament who joins an association or organisation whose objectives or activities are political in nature shall be deemed to have crossed the floor.

THE UNANSWERED ISSUES


MY FELLOW MALAWIANS

I have listened to the voices of many Malawians since 15th June 2007, and I
am aware that many of you were as puzzled as I am about the ruling of the Supreme Court.

What is even more puzzling is that the Supreme Court decided to answer questions and addressed issues that neither myself nor the so-called "Friends of the Court" asked it to answer or to address. So what were the compelling reasons for them to set aside their own tradition and rule on issues not referred to them?

Many observers are surprised that the learned judges seemed to have ignored the fact that in a multiparty democracy, the right to exercise "informed political choices" can only be guaranteed if members of Parliament are free to move from one party to another within the provisions of the Constitution. This right is indivisible otherwise why have so many parties?

The learned judges also seemed to have examined only one side of the argument that when a Member of Parliament moves from the party that sponsored him to another political party, he/she betrays the electorate. This is fallacious because that member still continues to represent and serve that constituency regardless of the party he/she chooses.

In fact, in all cases, a Member of Parliament working with Government serves his/her constituency even better because of access to resources and government backing.

There is discomfort in the minds of many that the learned judges, by ruling in favour of political parties rather than individuals as granted in the Constitution, appear in effect to put the interests of a political party above the fundamental rights and freedoms of any individual member of the National Assembly.

Finally, many analysts hold the view that the learned judges should have also considered the fact that Section 46 of the Constitution clearly gives the courts of law the power to review any legislation that violates human and fundamental rights. This being the case, the layman's view is that the court can order removal from the Constitution any provisions that would be *ultra vires *the Constitution.

CONCLUSIONS




MY FELLOW MALAWIANS

LADIES AND GENTLEMEN


These questions are to my mind very fundamental and would require to be addressed somehow within the judicial system. We the people of Malawi need to have unambiguous interpretation of our Constitution and be clear on its real meaning and application.

It is also true that many people in our country are perplexed because as they read Section 65 against Sections 32, 33, 35, and 40, there is a growing consensus that Section 65 clearly wipes out the fundamental rights and freedoms conferred upon the citizens of Malawi by our Constitution. As such, Section 65, clearly violates human rights.

It is equally difficult for the general public, to understand how the Supreme Court could have arrived at the ruling that Section 65, as extended by the UDF Government in 2001, is valid and compatible with the other Sections referred to above.

FELLOW MALAWIANS

I must also say that the issue of crossing the floor requires clarification. The general understanding is that one can only "cross the floor" in the National Assembly, it being understood that it is the floor of that National Assembly that the drafters of the Constitution had in mind. If this is correct, it becomes absurd to believe that anyone can really cross the floor of the National Assembly anywhere else other than within the National Assembly.

Another general understanding of the public is that the Human Rights Chapter
in our Constitution contains what are known as "entrenched provisions". If indeed this is so, is it then plausible to conclude that all sections of the provisions are of equal importance? Does that mean that all the sections in the entire Constitution of Malawi are "entrenched"?

Notwithstanding the valid points I have raised above, I want to underscore that I do respect the independence of the Judiciary and hence the ruling of the Supreme Court on Section 65.

But what redress do the people of Malawi have if it turns out the Supreme Court has erred in this particular case?

Since the whole saga about Section 65 is masterminded by Dr. Bakili Muluzi to remove me from my position as Head of State of this country, let the people of Malawi know that Dr. Muluzi left the Malawi Congress Party (MCP) and formed his United Democratic Front (UDF). He then ruled this country for ten years. Hon. John Tembo and the entire opposition then did not remove Dr. Muluzi from his position.

I left the UDF to form the Democratic Progressive Party (DPP) and I am also ruling this country. The same Dr. Muluzi supported by Hon. John Tembo says this is wrong. In other words, the opposition is now saying what was good for Dr. Muluzi is not good for me. Are these not double standards?

FELLOW MALAWIANS

LADIES AND GENTLEMEN


I conclude my address to you by reminding the Leader of the Opposition that it is wrong for him to say that the fact that a petition has been made against a Member of Parliament, the said Member automatically loses his/her seat.

The petition is only the beginning of a long process. The rules of natural justice require that the said Member of Parliament be given time to respond as stipulated by the standing orders of parliament. It is only after the Speaker has examined both the petition and the response that a determination as to whether or not the seat can be declared vacant. Even then, the member affected can appeal against the Speaker's decision.

Until that due process is followed, no Member of Parliament can legally be thrown out of the National Assembly.

It is therefore not appropriate for some opposition Members of Parliament to consider other duly elected Members of Parliament on the Government side as "strangers" or "illegal" in the House. In other words, all Members of Parliament were duly elected by the people and sworn in at the opening of Parliament. As such, they are bonafide Members of Parliament.

I am pleased to say that the whole Malawi nation is solidly united behind me and wants to see economic development of this country consolidated. Section 65 has in fact united the people of Malawi to seek prosperity for all. The only place where there is division is the National Assembly itself. It is a house divided.

I earnestly appeal to the Leader of the Opposition to refrain to refrain from taking a position that will polarize the divisions in the National Assembly. This is because a house divided is a house weakened.

THANK YOU AND GOD BLESS.

More murder in Malawi?

After the anonymous and odious ordure heaped into my inbox by supporters of Nick Henderson the last time I addressed this topic, I consider myself blessed still to be here. I also find myself courageous enough to dare to write about it again. Especially now I learn of another mysterious death in the strife-riven African diocese of Malawi. A friend sends me this: 'You have probably heard that Michael Saimon was found dead in Nkhotakota, Malawi on Sunday evening. Initial medical reports indicate the method could have been the same as that used to murder Rodney Hunter last November. Michael was secretary of Forward in Faith there and along with Rodney and Cathedral dean Dennis Kayamba was among the opposition to the appointment of Henderson.' Father Kayamba apparently fears he could be next. The final tests for Canon Hunter are being done this week in South Africa so there should be a final pathologists report soon. Michael leaves a wife and three young children (11,9 and 7). Tragic.

Nuns Say Children Suffer Due to Negative Beliefs, Violence

Certain negative traditional beliefs and violence are responsible for child destitution in Malawi, according to nuns working with disadvantaged children in the capital.

In the just released 2006 report on Tikondane Centre in Lilongwe, run by the Missionary Sisters of Our Lady of Africa, the nuns urge more understanding and action by families and communities to protect Malawi's children.

A 3-year-old boy the centre rescued had gone missing from home, and when his mother could not find him, she went to a witchdoctor who told her the son had been killed and his body parts used in witchcraft rituals.

The family stopped searching for the boy. When social workers from Tikondane traced the boy's home and took him there, they found the family busy with his funeral preparations.

In the case of nine-year-old "Tiferanji", her father took no responsibility for her following her mother's death. She was moved from one relative to another; and then she began showing signs of stress and anxiety: interrupted sleep, nightmares, bedwetting and aggressiveness.

The relatives interpreted these signs as indicators that the child was a witch, because witches are believed to be active at night, causing sickness and death. When certain family members got sick and died, the relatives were convinced Tiferanji was responsible. They chased her away.

Tikondane social workers who visited Tiferanji's relatives confirmed that no one was prepared to take her back. Even the local chief made it clear that the family would be chased away from his area if they took the girl back.
The nuns said belief in witchcraft, child labour, domestic violence, sexual abuse or children being lost are the common causes of child destitution.

Last year Tikondane Centre received 417 newcomers, 316 of them children. At the transit-shelter, there were 2,700 overnight stays, 2,533 of children. Most newcomers stayed only for 1 to 3 days for investigation, psycho-social support and counselling.

The centre is planning a series of short radio programmes to raise awareness on issues affecting children in Malawi.

Namibia: Coach Ben Bamfuchile Out

National soccer team coach, Ben Bamfuchile is not part of the Brave Warriors squad travelling to Malawi this week due to severe illness.

Medical doctors on Friday could not establish what has attacked Bamfuchile and needed a two-hour check-up on Saturday to find out that he had been infected by a cyanosis infection from the nose to the throat.

"I am actually feeling much better now, after the Saturday check-up. It was a different case over the past few days and I am now on the recovery," he said yesterday afternoon.

According to the 47-year-old coach, he has been checked by three local doctors, one of whom had detected the emergence of diabetes in his body but later dismissed his first findings. As a result, assistant coaches Ronnie Kanalelo and Brian Isaacs will be in charge of the national team that will face Malawi in that country's independence anniversary celebrations this coming weekend.

Bamfuchile looked weary and worn-out at the Amos Shiyuka testimonial gala dinner on Friday and could not enjoy the meal as he has been suffering from constant lack of appetite.

"I am now resting and will be on my feet within the next few days,"said Bamfuchile, sounding much livelier than during his condition over the weekend.

Cyanosis is often caused by brief exposure to cold air or water, high altitudes; breath-holding, bronchiolitis, shock and congestive heart failure. It is more obvious in the mucous membranes where there is a discolouration due to lack of oxygen in the blood.

On the eve of last month's gruelling African Nations Cup encounters between Libya and DRC which fell within two weeks of each other, Bamfuchile constantly pointed out how much stress was taking its toll on him. On numerous occasions, the coach mentioned how he was under pressure and stress to collect maximum points from the two games. He managed four out of a potential six points.

Upon enquiry over the weekend, the coach did not rule out the fact that it might be the after-effects of the considerable stress he endured during the qualifiers.

Namibia is engaging Malawi for the second time within a year after The Flames of Malawi were put out 3-2 in a dead-rubber match of the Cosafa Castle Cup last year.

Malawi is out of the African Nations Cup qualifiers, and their new British coach, Stephen Constantine, is busy assembling a squad for the 2010 African Nations Cup and World Cup qualfiers. The Brave Warriors are equipping themselves for the all-important Road to Ethiopia which should conclude the team's ambitions to be at the Nations Cup in Ghana.

The team is expected to depart tomorrow morning with NFA coordinator, Titus Kunamuene, in charge of the delegation.

According to team manager, Tim Isaacs, South African-based goalkeeper, Abisai Shiningayamwe, will be the only professional in the side as the technical team resorted to exposing the local players with much football.

Eleven Arrows player, Chris Katjihukua, and African Stars middleman, Gerson Katjetenja, are the surprise inclusion in the team.

"We will need these local-based players for the Cosafa Castle Cup and they need the exposure, and we have taken into account the fact that most professionals have returned to their bases. We will only ask them to come for the Cosafa Cup on July 28. Since the Cosafa is not included on the FIFA calendar, it will be up to the foreign clubs to release the players, but at least we would have exposed our young lads. We will still ask for the professionals to be released for the Cosafa, though," said Isaacs. Notable local absentee is play-maker, Letu Shatimuene, who has just been signed on by Angolan side, Primeiro De Agosto.

Lua Lua Shatimuene is already on an off-season induction with the Angolan premiership champions who were in Namibia last June.

"They were impressed by him, so they signed him on, and we will not want to mess our relations at this early stage by calling for his release for a friendly international." said Isaacs.

The Challenge of Improving the Health of Mothers and Newborns

A recent report by the NGO Save the Children paints a mixed picture of global efforts to protect the lives of mothers and children under five. And, while some African countries have made impressive gains in recent years, others ranked near the bottom of the 140-country survey. From Washington, VOA reporter William Eagle has the story.

At the bottom of the index are nine sub-Saharan countries that lead the world in mother and child mortality rates -- Ethiopia, Eritrea, Angola, Guinea Bissau, Chad, Sierra Leone, Yemen and Djibouti. Niger is last.

For some countries, like Nigeria, Angola and the Democratic Republic of Congo, the high numbers also reflected their large populations. They joined 10 other big countries, including China and India, which together had more than half of all maternal and child deaths.

Conflict accounts for high rates in other countries, including Sierra Leone, Ivory Coast and Liberia.

Eighty percent of all deaths of children under five in Africa are caused by malaria, diarrhea, pneumonia and newborn disorders. But in a handful of African countries, including Botswana, Zimbabwe and Swaziland, AIDS has also become a major killer of children under five and is a major reason why these countries have not been able to lower child mortality rates.

Among those found to have worse mother and child health than they did 15 years ago are Botswana, Zimbabwe, and Swaziland.

For these countries, disease was a significant factor in their poor ratings.

Mike Kiernan, the communications director for Save the Children in Washington, spoke about Zimbabwe.

"The mortality rate has increased since 1990 by 65 percent,," he said,"due largely to HIV / AIDS. You have one in eight children dying before they reach their fifth birthday in Zimbabwe, more than 40 percent of those deaths are attributable to AIDS. Zimbabwe, South Africa, Botswana and Swaziland are countries where we see HIV / AIDS overwhelming the infrastructure to support children under five. That is not commonplace throughout Africa."

Economic performance does not always determine the effectiveness of a country’s health care services.

For example, South Africa and Botswana are relatively wealthy but their health care systems are affected by the AIDS pandemic sweeping much of southern Africa. Likewise, maternal and child mortality rates remain high in countries with oil money, including Nigeria, Angola, and Equatorial Guinea.

However, Kiernan said that political will has a large impact even among the poorest countries, including Malawi.

He said, "Malawi is a marvelous success story of a country with limited resources that has really focused on doing its part. The gross national product in Malawi is about 650 dollars per person, yet they have seen a 43 percent decline in the under five (years of age) mortality rates over the last 15 years."

"Malawi has taken a number of steps," he continued,"to make the health of mothers and children a top priority from the president on down. They are doing basic things that many countries could copy…."

Among those basic steps are distributing bed nets to prevent mother and child infection from malaria, providing mothers with health care before birth and ensuring that birth attendants are present during delivery. After birth, countries can ensure that all communities have access to nutritional supplements like Vitamin A to help guard against malnutrition and zinc and rehydration salts to stop diarrhea. They can also ensure that children are vaccinated against measles and other childhood diseases.

Kiernan says Tanzania is another example of a poor country that has made great progress through political will:

"Tanzania is one of the world’s poorest countries, with an income of $730 per person, per year, and yet they’ve been able to reduce child mortality (of those under five years of age) by 25 percent and of newborn mortality by 20 percent in the last five years," he said. "Much of that progress has been made as a result of increased government spending on maternal and child health care."

Other countries have also cut child mortality since 1990.

Madagascar ‘s commitment to improved health services and immunization rates helped reduce deaths by 29 percent and malnutrition from 42 to 35 percent.

Ethiopia, which still has a high number of deaths among mothers and children, has nonetheless managed to cut the rate by an impressive 20 percent in the past 15 years.

Save the Children found Egypt had a 63 percent decline in child deaths, thanks in part to a commitment to build access roads to rural areas, support immunization strategies, and ensure that midwives or skilled workers attend to births.

But Kiernan says no matter how far countries like Egypt have come, there’s always more to do.