I DESPISE OUR PRESIDENT

I despise our President, the same man that I so trustingly and unwisely voted for in 2009. I am committing no crime. My scorn is a measure of my opinion that the Constitution defends.

I do not despise the poor. I do not despise the uneducated. I do not despise the ignorant or the frail or the old. I do not despise them because I do not consider that I am any better than them. Their ideas, their wishes, their dreams are as valid as mine. In a democratic world we have to understand and respect each other’s right to diversity.

 I despise this President because he despises me. Lack of respect is to despise. He respects no-one; respects no law. He despises his fellow Malawians. He cares nothing for our opinions. He despises our laws and the Constitution that he swore on solemn oath to uphold.

If that puts me in danger of the DPP zealots who may take up the President’s challenge to deal with those who despise him, then I am waiting for them. I despised Dr. Banda for his cruelty to his own people. I despised Bakili Muluzi when he thought that he would intimidate us into accepting another Life Presidency. In those times I spoke out and became active in the process of change. In present times I am again speaking out and am prepared, when the time comes, to be an active protector of our hard-won freedoms and rights.

At the stadium in Blantyre on Sunday Bingu quite clearly stated that he was not concerned whether what he was advocating was lawful or unlawful. He was the ‘ruler’ and his word is law. The problem with this stance is that it is an invitation not only to party zealots but also to the rest of the populace to disregard the law. Lawlessness can lead to revolution. Much public comment now quite clearly says that Bingu must go. We cannot, as a nation, afford to leave a man like him in charge until the next election in 2014. If so much damage has been done in the two years since 2009, just think how much worse things could become in the next three years.

Of course, he made a terrible gaffe when he displayed his true colours spurred on by the red of ego-fuelled rage instead of being calmned under the influence of the cool blue of his party’s colours. Those who surround him – his Ministers, party leaders, official spokespersons, regular loud mouths – now realise the amount of damage that has been done. Bingu’s hero image has been irreparably damaged and their own period of comfortable tenancy in Wadson Bin Deleza’s ‘mipando wonona’ (comfortable chairs) is in danger of termination. The spin begins!

Last night, Monday, the team was in action on Capital Radio’s Straight Talk show. The three most likely candidates were there – Patricia Kaliati whose machine-gun verbal fussilades are familiar to us all, Hetherwick Ntaba whose honeyed mouth can sweeten even the bitterest of pills, and my old friend Nicholas Dausi who was with me some years ago organising street protests against Bakili’s Third Term bid . They were reinforced by the presence of Cabinet Minister Doctor Kanyumba.

And what was the theme from these hired mouths? Damage control - the media had misrepresented the President’s words and intent.

I have lived through Dr. Banda’s despotism and his use of violent repression, enforced party membership, nyakura and detention without trial. I have lived through Bakili’s second term and the violence of his Young Democrats. Commanding the DPP youth to protect and citing these examples cannot be dressed up as anything else but a promise of return to violent oppression.

Say what you will, you party hacks, everyone I have spoken to is in no doubt as to the nature of the threat of physical violence promised by the President. No-one misunderstood his intent. Furthermore, Bingu quite clearly condoned attempts to harm Undule Mwakasungula. What other example is needed when interpreting his intentions.

Mr. President, you cannot demand respect. You have to earn it. Now you have lost it, is it a crime if we despise you?

A President who encourages his people to break the law; who states that he does not respect the law, does not deserve our respect. Such a man is not capable any longer of developing this nation for the benefit of all.

There are four ways to end a Presidency:

1.       Resignation – the only honourable way Sec (84)

2.       Impeachment by Parliament – a threat that was narrowly averted during Bingu’s first term. Sec 86 (1)

3.       Incapacity Sec (87)

4.       Overthrow/revolution – un-constitutional!

(1) a voluntary act that, given Bingu’s proven character, is unlikely. (2) and (3) require the full participation of Parliament which, with its present make-up, is equally unlikely. That leaves the illegal route (4) of revolutionary overthrow which I do not advocate but could well condone. Those who feel so secure in their comfortable seats should reflect on how discontent so easily becomes revolt.

Should we have expected something like this? Yes. Bingu’s documented disastrous history as head of the COMESA Secretariat should have been a warning to us all. He was fired from his job there.

The Report of the Special Committee of Eminent Persons on the operations of COMESA, 1992 To-Date (1997) which was presented to the [COMESA] Council of Ministers on March 4th, 1997, at Lusaka in Zambia as a result of which Mutharika was fired as COMESA's Secretary General, in its final paragraph finds:

Recommendations....
....... in view of the management style pursued by the Secretary General, his inability to mould and motivate a dedicated management team, his flagrant and frequent breaches of the provisions of the Treaty, the Staff and Financial Rules and Regulations, his misuse of funds and office and in view of the spite demonstrated to the decisions of the Council and the breach of the conditions of the compulsory leave, the Committee recommends that the services of the Secretary General be terminated forthwith as he lacks vision to take COMESA in the next century.

Many of the character traits which the report highlighted are clearly discernible in the man today. It is highly unlikely that his inability to lead a regional body would turn into an ability to lead Malawi in the 21^st Century. He belongs to another, older and darker era of African leaders.

For those who would like to read in greater detail here are a few links that a kind reader provided me with:

http://www.odi.org.uk/resources/download/3359.pdf
http://thezimbabwean.co.uk/index.php?option=com_content&view=article&id=20950:the-accidental-presidency-of-bingu-wa-mutharika-of-malawi&catid=39&Itemid=30
http://www.africa.upenn.edu/Newsletters/mno28.html
http://chatonda.blogspot.com/
http://findarticles.com/p/articles/mi_qa5391/is_200408/ai_n21355191/

Finally, a reminder of the oath of office. The reader can judge on how many counts the oath has been broken:

“I, Bingu wa Mutharika do solemnly swear that I will well and truly perform the functions of the high office of President of the Republic of Malawi, and that I will preserve and defend the Constitution, and that I will do right to all manner of people according to the laws without fear or favour, affection or ill-will. So help me God.”

MALAWI DECLARES WAR ON NORWAY

I may have missed the announcement of a state of war between  Malawi and the Norway. The announcement by Davy Chingwalu, Police Southern Region spokesman, that the Royal Norwegian Embassy had breached the terms of the Geneva Convention by being present at and having funded the apparently ‘subversive’ Freedom March organised for the third year running by Nandzikambe Performing Arts to mark Martyr’s Day, if true, would indicate that we are at war.

According to my Macmillan Enyclopedia the Geneva Conventions are for the protection of non-combatants and wounded troops IN WARTIME. It is not surprising that we have heard no announcement of war apart from this intimation. Our Constitution does not specify how or when we should go to war. It only tells us what we can do in times of war – such as declaring a state of emergency. Obviously the drafters of the Constitution could not envisage a time when Malawi would wish to pick a fight with anyone, let alone its friends!

Are we reacting to a declaration of war by our friends, the people of Norway, on this helpless little land? Or does Chingwalu’s statement broadcast on Capital Radio this morning, 4^th March, indicate that the Police are as ignorant of international law as they are of our own laws? Perhaps it’s our dear ‘Father Leader”, seemingly yet to read the Constitution, who has given himself more power and has indeed told his troops that we are at war with that Nordic nation.

Here’s another strange thing. When a nation goes to war it calls upon the professionals – the Defence Forces – to prosecute the war or come to the defence of the nation. But, in this case, the first line troops, are the usual ‘culprits’ – our totally politicised and compromised Police Force. Thankfully, the Army remains in its barracks.

Nandzikambe Arts went through all the correct procedures. They even arranged and paid for a Police escort. On the eve of the march the Police called to forbid it because of a breach of the Geneva Conventions. According to reports from the organisers, as if to reinforce the talk of war, armed police arrived at the premises to ensure that the enemy forces could not carry out their warlike intentions. There have been no reported casualties in the war to-date – except, that is, the Constitution of Malawi that has been under constant attack for years now by government forces.

Many of us now believe that this government has declared war on its own people, the same people who so trustingly gave Bingu the mandate to govern. When members of society follow legal procedures and even go beyond to satisfy the Police and then find themselves deliberately frustrated by those who should be helping to maintain our freedoms, Government should not be surprised when the people decide to take matters into their own hands and ignore the law which they will correctly perceive as not working for them but acts only as an instrument of oppression..

The Police continue to be the lawbreakers. One of the duties of the Constitution is that the Defence Forces shall “.. uphold and protect the constitutional order in the Republic and assist the civil authorities in the proper exercise of their functions under this Constitution.” When the civil authorities and the Commander in Chief of the Defence Forces (the President) continually rape the Constitution, what will be the duty of these forces when the Police find themselves unable to stem the demonstrations of the populace when they cry:

“ENOUGH IS ENOUGH!”

YOU'RE NO LONGER OUR VALENTINE, MR. PRESIDENT!

President Mutharika's statement at his party's recent Valentine Fundraising dinner illustrates why he is no longer our Valentine. The 2004 election was our engagement and all was sweet. 2009 was the wedding. Like many love-affairs it could not survive the marriage!
After two weeks of silence while the people and the economy of Malawi suffered due to the most severe shortage of fuel in the country's recent history, all that he could say - and that in direct contradiction of what his own minister had told us - was that it was due to congestion at all of the ports serving Malawi. These are the ports that we have been using for decades. Of course, the President has not done anything to make things sweet between us and our neighbours.  They are rather tired of being blamed for all our woes knowing full well that our Government is trying to shift the blame for its incompetence and broken policies.
It seems that he was stung into belated action by the news that Malawi's main Human Rights organisations plan to march on parliament in Lilongwe today, Valentine's Day. Instead of making a balanced assessment of the problem and stating what he and his government were doing to rectify things, as one would expect of a 'Professor' (albeit an honorary one) he set out to lecture Mavuto Bamusi, the principal co-ordinator of the protest. He also made unsubstantiated allegations against Bamusi in person stating that he was acting only to please the donors in order to obtain funding. It would have been better for his image had he maintained his protracted silence.
Mr. President, let me remind you once again that without the actions of the NGOs Bakili Muluzi would have become President for Life and you would have been a public nonentity. But power and position swell heads. It is obvious that you have lost touch with reality. Continue to live in your cloud cuckoo land where your every wish becomes a reality - in your dreams. All around us we see that your much lauded 'success' has been based on lies fed to you by sycophantic politicians and senior civil servants. For the sake of the future of this nation, and I say this as one old man to another, let us bequeath something better to our progeny. Wake up to reality and get on with the job that we elected you to do! Admit your mistakes. Llisten to your people.
It is 7 a.m., one hour before the demonstration is due to start in Lilongwe. I hear that the City Council have 'forbidden' the march. The City Council has no such power. Furthermore, they are illegitimate having been appointed and not elected as our Constitution demands.
Our Constitution gives us the right to assemble and demonstrate peacefully and unarmed. The High Court has frequently upheld this right. I hope that the demonstrators are prepared to march even though, I guess, that THE PRESIDENT'S Police FORCE (not our Police Service) will do all in its power to prevent it.

NEVER AGAIN - OH, YEAH!

Here we go again! During the struggle to establish a democratic, multi-party regime to replace the dictatorial regime of Dr. Banda and the MCP, those of us who were active in promoting change were constantly asking: "How did we allow it to happen? We must never allow it to happen again."

It was our Parliament and the docility of our people that allowed it to happen. At least, the parliamentarians of the time had an excuse of sorts. There was only one political party allowed. Dr. Banda had the final say in selecting the candidate for each constituency. Continuing employment as a member of Parliament meant that the MP had to vote YES on all government matters. Those who might have been tempted to take an independent line were prevented by the thought of what happened to dissidents - years locked away in Dzeleka or Mpwepwe or in one of Malawi's regular prisons. The merest hint of disagreement could be fatal. The ever-popular Dick matenje and three others were brutally murdered by a Police officer at Thambani, a remote spot in Mwanza District.

And when Bakili Muluzi took over the reins of power those around him who had had been saying "Never again" became complicit in allowing things to drift back again towards those darker days. Although never as bad as before, was there ever a day when a UDF parliamentarian escaped the government whip? Well, yes. Joe Manduwa and Jan Jaap Sonke did. They were immediately taken into 'protective custody'. There were threats on their safety. On the first night of his release I went to Sonke's house with my shotgun and listened while 'rent-a-mob' made threatening noises. Fortunately, nothing happened. And while Joe Manduwa was still in custody, Shuma Mwase and I went to his house in Blantyre to prevent the CID from 'fishing' and lodged complaints at the Southern Region Police Headquarters. That was a real lesson for would-be dissident MPs.

And now we have another President with a massive majority in Parliament. Laws that erode or even negate our fundamental rights and liberties have been passed without a murmer of dissent. The MPs have noticed what has happened to anyone who has shown that they have ideas of their own. Just look at what has happened to our Vice President and others - immediate removal from the ranks of the 'ruling' party and the end of their political careers.

Already the President has assented to a law that will allow government to muzzle the press. Already a law has been passed that gives the Police powers to prevent demonstrations. In this session another law will be passed - unless our parliamentarians display uncharacteristic bravery - that will prevent an aggrieved party frokm obtaining an ex-parte injunction from the High Court.

So there we have it! If the Government or those it wishes to protect from scrutiny decides to do something contrary to the public interest or that may harm individuals the press will not be able to write about it, we will not be able to demonstrate against it and the High Court, unless they do the right thing and rule it all unconstitutional, will not be able to prevent it or rectify it without delays and expensive litigation!

NEVER AGAIN - OH, YEAH!

Here we go again!

This President has been a little more clever than his predecessor. He lulled us into a false sense of security with the good things that he did in his first term. When we responded and voted him in again, we discovered a man that we had suspected had been lurking behind a facade but had been unwilling to admit to ourselves.

While many bills of great importance to the nation have been mouldering for years due, so government says, to a lack of capacity in drafting or time in the legislature, measures to deprive the people of their liberties and rights have been rushed through and passed with undue haste and without effective debate or opposition. To add insult to injury this legislative programme did not form part of the DPP's manifesto at the time of campaign. While the President received an overwhelming vote in the 2009 elections, he cannot claim that people voted him in to introduce repressive measures. These were his secrets!

We can only blame ourselves. We do not cry out until it is too late. Government must seriously observe from what is happening in Tunisia, Egypt, Alegeria, Jordan and elsewhere when people cry "TOO MUCH!" The choice we have is to make ourselves heard now. As Churchill says as I qouted above:

"There may even be a worse case: you may have to fight when there is no hope of victory, because it is better to perish than to live as slaves."

What is happening now benefits only the elite, the cronies and the untouchables who we are now, once again, beginning to fear to reveal. The nation as a whole can only benefit when it is run in accordance with its Constitution. The rule of law must prevail. Without it there will be no meaningful development.

I call upon our MPs of all persuasions to resist these impositions. For once, do something for the benefit of those who elected you and not just to please your masters. It was the people who elected you. You are answerable to us.

And to those who think that they will be in gavoured positions for ever, let history guide them to the truth. "Palibe chosatha!"