Charles Pensulo

Landslide Victory For Opposition In Malawi’s Presidential Polls Re-run

Blantyre, June 28 — The opposition party has won fresh presidential election in Malawi, with a promise to root out corruption, describing it as the ‘biggest disease’ Malawi has ever had.

Lazarus Chakwera has become the 6th president of the country and the first to defeat a sitting president. His party, Malawi Congress Party (MCP) went to polls in alliance with the Vice President’s United Transformation Movement (UTM). One of their famous slogans has been a promise to Malawians to have ‘three meals a day.’

The opposition, Malawi Congress party has scored about 2.6 million votes against the ruling Democratic Progressive Party’s 1.7 million votes.

Last year, Malawian courts became the second in Africa, after Kenya, to quash the results of a presidential election and said the process was marred with ‘grave irregularities.’ The court also changed electoral law for the country to adopt 50+1 from the previous first-pass-the-post.

Lazarus Chakwera, 65, is a former Pentecostal church leader. His Vice, Saulos Chilima, now 45, was an economist and successful corporate executive. He campaigned with president Peter Mutharika in 2014 before the two fell out. He was still the vice president of the country on the polling date.

Speaking during his swearing into office Sunday morning, the president said together with the Vice President accepts the challenge and task.

Malawi election winners
Supporters celebrate after the results are announced. Credit: Charles Pensulo / Ubuntu Times

“We will pursue it, not just as servants accountable to you voters, but as stewards of the hopes of millions of children, born and unborn, who have no vote. With your help, we will restore a new generation’s faith in the possibility of having a government that serves…,” Chakwera said to tens of thousands of supporters gathered at the event.

In an earlier interview, Eisenhower Mkaka, Secretary-General for the party described the victory as exciting considering that they have been in opposition for the past 26 years.

“It’s exciting specifically to me that I will go down in history as the secretary-general that brought the party into government. We have been going to people selling them our manifesto and agenda and we will deliver whatever we promised. Ending corruption is our priority because it has been the biggest disease destroying this nation. Oversight institutions like the Anti-Corruption Bureau will be empowered and mandated to work without interference.”

Sunduzwayo Mandise, the dean at the faculty of law at the University of Malawi and a commissioner for the Malawi Human Rights Commission commended the new electoral commission for holding a credible election.

“I think the new chairperson of the electoral commission has tried to ensure that all the legal processes are carried, from the distribution of materials to the announcements of the results,” he said. “The way they have dealt with complaints including on the narrow and void votes, all that seems to follow what court ordered so I think, so far, this election is the best in Malawi’s history of our elections; we are on the right track.”

But the outgoing president has described the fresh polls as the ‘worst in history’ citing intimidation and assault on their party monitors. He has not provided any proof to back the claims.

Looming Conflict As Loggers Scramble For Waning Forest

Mzuzu — Around 1964, Malawi’s first Head of State introduced an ambitious project to turn one of the mountain ranges in the country into a forest. What followed was the planting of trees—mostly exotic pine—into 53,000 hectares of woodland, the second-largest manmade forest in Africa.

While the initial idea was to use the trees to support a potential pulp and paper industry, the government, later on, leased the forest through concessions to private companies and indigenous Malawians, both sharing 60 and 40 percent respectively.

But heavy harvesting in the area has prompted government to rearrange the agreements with the timber millers and on some occasions, suspended harvesting in the forest to control deforestation.

Mutual co-existence gone sour

Chikangawa forest lies within a mountain range in Northern Malawi. The Northern and Southern portions of the range are separated by a lower saddle of hills. The town of Mzuzu is located on the saddles western slope, and Malawi’s M5 Highway crosses the saddles to connect to Nkhata Bay, on Lake Malawi. The range is also a source of some of the rivers in the country.

Over the years, over 400-plus Malawian timber millers and some private companies have co-existed in the forest until recently when the former claims they discovered their counterparts were being given a lion share. Since 2013, the two groups have been at loggerheads with the government forestry officials backing the foreign companies.

Raiply Malawi official
Edith Chirwa, Secretary to CEO of Raiply Malawi during the company’s workers tree planting day on 2nd March 2020. Credit: Dalitso Chamwala

Paul Nthambazale heads the 35 member group called Reformed Timber Millers Union, a brainchild of Timber Millers Corporative Union which disbanded after government canceled their permits. After the group sued government, they reached a consensus and came up with a new agreement that is running up to now.

“After the government engaged us, we came up with various recommendations including forming a new agreement and that’s why we came up with the reformed group,” Nthambazale told Ubuntu Times in an interview. “Another issue was on the area of the land. In the new agreement, we are entitled to about 4,000 hectares.”

He however said despite their grouping employing 1,500 people and contributing to the local economy, government has been favoring timber milling companies owned by foreigners who were also given concession in the forest. He added the 4000 hectares of trees in their allotment may last in the next two years.

“Many people in Malawi buy from us because the other concessionaires don’t sell to the local Malawians since they mostly export. The people we buy fuel, food for our workers and spare parts for our machine from benefit from our work. So you can see that many Malawians benefit from us,” Nthambazale said.

He said in the current 4000 agreement, 90 percent of their potion is bare land; nine percent is composed of small trees and not mature for harvest adding that only one percent has mature trees.

Nthambazale recalled when they started having problems with the agreement in 2013. They were then entitled to 10,000 hectares of the forest but said the piece had only 2700 hectares of Pine trees and 500 hectares of Bluegum trees.

Less trees, more conflict

“The government told us that it was going to source trees from the other concessionaires because the government had no trees. The government officials admitted that they made a mistake by giving too much land to the other concessionaires.

Nthambazale said when the government started giving concessionaires to foreign-based companies in 1999 more trees were given to the foreigners with others securing up to 20,000 hectares land of fully covered and mature trees unlike them.

“And Raiply (one of the private companies) is owned by just a single person. Another foreign-based company was given 6000 hectares while the third one was given 4000 hectares. You can see that more than half of Chikangawa was given to foreign-based foreigners. What we are saying is our constitution says 60 percent of business should be given to indigenous black Malawians but what is happening is different and that is painful.”

Raiply Malawi official
Khrishna Das, CEO for Raiply Malawi during the company’s workers tree planting day on 2nd March 2020. Credit: Dalitso Chimwala

He said they will keep on protesting until they see change not only in timber but other businesses as well where he claims foreigners are being given preferential treatment. He believes some government officials are cashing in on the resource.

“What we want is all foreigners should be given a piece of land and they should plant and start harvesting. That’s what we call investment. All the trees planted by our grandfathers should be left alone to the local Malawians,” he added.

But According to Director of Forest, Stella Gama, the 2016 forestry and the public sector reforms instituted by government allow the Department of Forestry to engage the private sector in the management of forests in Malawi under forest plantations agreements or concessions.

“This is normal but also of advantage to the Ministry to ensure sustainable management of forests, improved industrial forestry and also enhance forest sector financing.  Since 1999, the Department has facilitated the signing and operationalization of a number of agreements with a number of private companies,” Gama said citing Raiply, AKL Timbers, Pyxus Agriculture, Kawandama Hills, and Total Land Care as having a stake in over 30000 hectares in the plantation.

She said her department has engaged the Reformed Timber Millers Union in a 6000-hectare concession and that Malawians have been awarded timber extraction rights on an annual basis through annual licenses.

But Gama refuted allegations that the government is favoring foreigners and said the problem is rooted in harvesting more trees than the millers can replace.

“Harvesting of the areas outside the Raiply Concession area has happened unsustainably considering that the licensees were harvesting more than what the Department could restore. It’s not correct to say that government is favoring others.  It’s just that the mode of engagement is varied. Others opted for long term arrangements while the locals preferred short term licenses,” Gama said.

“The challenge we have faced with the annual licensing arrangement is that the local concessionaires harvest more than they have been allocated and consequently more than what the Department can restore. To address this, individuals have been requested to enter into plantation management agreements with Ministry so that they have rights to manage and harvest timber in the Viphya.”

She said the agreements were through open procurement processes and approximately 10,000 hectares will be under small scale operators.

“Each of these will sign an agreement with the Ministry and will have obligations and exclusive use rights which will have to be respected. The main objective is to ensure that the Viphya is restored whilst ensuring stakeholders participate in the process,” she said.

Clifford Mkanthama, Climate Change, and Biodiversity expert said the indigenous loggers need to follow whatever was agreed in their memorandum of understanding but said the current protests are disappointing.

“Raiply is being victimized by the local loggers who are harvesting from their concessions because Raiply has to manage its own concession. I think the agreement is when concessionaires are getting a piece of land for harvesting, they also have to replant. But the local indigenous loggers are not doing what is contained in the concession agreement, that’s something they need to look at and abide by since that’s what they agreed with the government of Malawi,” he said.

Disappearing trees

Mkanthama said there has been an argument that deforestation levels are reducing in the country but noted this is because people do not have trees to cut anymore and not necessarily because people have stopped cutting down trees.

“They don’t have resources to harvest. People are now scrambling for the little resources available and when it comes to timber in Malawi the land that has enough trees is the plantation,” he said noting that most of the 53,000 hectares of the pine trees have also been destroyed by fire and people.

“People who just harvest without replenishing through replanting have found themselves in an awkward situation where they don’t have trees to harvest hence bothering other concessionaires. This is where the conflict is coming in but also the construction industry is not shrinking in Malawi. Now, with expansion of construction industry, which demands a lot of timber and then the timber is not there, there is just so much pressure on the resources,” he added.

Malawians Cast Fresh Votes Following ‘Unprecedented’ Court Decision

Lilongwe, June 23 — Hundreds of thousands of Malawians turned up in polling stations across the country to vote for the next president of the country after the country’s courts annulled the results of the May 2019 election results.

Last year, Malawian courts became the second in Africa to quash the results of a presidential election and said the process was marred with ‘grave irregularities.’ The Kenyan Supreme Court annulled the county’s presidential election saying the polls were neither transparent nor verifiable.

The Malawian decision came as a surprise not least because, usually, it is unusual to have courts deciding against the ruling government and more so in Africa.  Political experts and scholars have since applauded the boldness of the judges.

There were a total of 9,271 polling stations across the country expected to cater for about 6 million voters who registered for the election. By 6:30 in the morning, Vice President for the country and running mate for the opposition, Tonse Alliance, had already turned up at a polling center in Lilongwe to vote.

Saulos Chilima switched his allegiance from the incumbent to the 65-year-old leader of the opposition and former Pentecostal church leader, Lazarus Chakwera. Together, they petitioned the court which eventually led to the overturning of the results.  They are running against President Peter Mutharika who teamed up with Atupele Muluzi, the son of former president Bakili Muluzi.

Although most centers registered no incidences, there have been few reported cases of people suspected of planning rigging schemes including 16 retired soldiers who were suspected of planning to disturb the voting process in the central district of Nkhotakota. They have since been arrested.

Chairman of the Malawi Electoral Commission, Justice Dr. Chifundo Kachale, told the media the commission is managing everything that all Malawians who registered to vote can be able to trust their vote.

“As voting progresses, the electoral commission wishes to appeal to the nation to continue to maintain peace and calm. We’ve deployed security personnel across the country and will like to remind everyone that any breach of the rules will be sanctioned with the law. We also want to urge all citizens to refrain from taking matters into their own hand in the event that they suspect something untoward or illegal,” he said.

The election comes at a time when the country is heavily divided along political and tribal lines mostly in support of leaders from their regions. There has also been a series of protests in the pro-opposition districts after last year’s polls favored the incumbent. Whoever wins the polls—which is expected to be announced within the next 7 days—will have to gain back the trust of all the people and fight corruption which most Malawians believe is rampant in the government.

Malawian Lawyers Match As Government Send Chief Justice On ‘Forced Leave’

Blantyre, June 17 — Hundreds of lawyers in Malawi took to the streets Wednesday in solidarity for the Chief Justice and a Justice of Appeal who were told to go on leave pending their retirement in December 2021.

Last week the government announced that Chief Justice Andrew Nyirenda had been placed on leave pending retirement with immediate effect saying he has accumulated more leave days than the remainder of his working days until his retirement, due in December 2021. The second most senior justice in the country, Edward Twea, had also received similar notice.

However, high court judges granted injunctions preventing the move after the Malawi Human Rights Defenders Coalition (HRDC), the Association of Magistrates, and the Malawi Law Society lodged appeals against it.

Meanwhile, 60 law professors and academics from around the world wrote the Malawi government a scathing letter describing the move as ‘unprecedented assault on judicial system in Malawi.’

Lawyers protests
Mordecai Msiska (center), one of the prominent and senior lawyers in Malawi is flanked by his colleagues before the start of the street match on 17 June in Blantyre. Credit: Charles Pensulo / Ubuntu Times

In Blantyre, over 50 lawyers took part in the protests accompanied by civil society leaders and some members of the public. Several senior lawyers were also available including Mordecai Msiska, who defended the opposition in an election case which led to the annulment of last year’s presidential election results. People will cast their vote on fresh polls next week Tuesday.

Other lawyers marched in the cities of Mzuzu and Zomba and the capital Lilongwe before presenting their petitions for greater judicial independence and the rule of law before the upcoming presidential elections on Tuesday.

John Gift Mankhwala a lawyer and former president of Malawi Law Society told Ubuntu Times the lawyers were taking a stand to show their solidarity with the judiciary and their independence.

“We’re taking a stand against the separation of powers and independence of the judiciary, against the interference of the judiciary by the president and executive arm of the government.”

“We are taking a stand against the executive and we’re telling them that stop interfering in the judiciary and stand in your lane,” he said adding: “This is happening because of the outcome of the election case. The attacks started after the judgment was rendered by the Supreme Court.”

Lawyers and civil society organizations
Lawyers and civil society organizations leaders match in Chipembere Highway, Blantyre on 17 June 2020. Credit: Charles Pensulo / Ubuntu Times

Speaking to the crowds who gathered at the protests, Bright Theu said there was a need to defend the constitution as those entrusted with executive mandate have decided to abuse it by ‘manipulating the composition and operation of the judiciary.’

“By attempting to forcibly send the Chief Justice and Justices of Appeal on leave, [the executive] is creating vacancies that they can fill up as part of the treacherous attempt to reorganize the judiciary into a more pliant branch of the state all to serve their twisted political objectives.”

“To be clear, the chief justice or indeed any other Justices of the Appeal is not going away at the wimp of words,” he said.

The lawyers danced and chanted songs on their way to deliver the petition to the Principal Registry Office while carrying placards that read “Executive hands off our judiciary”, “Leave that which belongs to judiciary to the judiciary,” and  “I can’t respect the president who doesn’t respect the rule of law.”

Lawyers and civil society organizations
Lawyers and civil society organizations leaders match in Chipembere Highway, Blantyre on 17 June 2020. Credit: Charles Pensulo / Ubuntu Times

Chief Justice Nyirenda was among the judges who in February annulled last year’s elections, which saw a narrow win for incumbent President Peter Mutharika. The ruling was upheld by the appeal court last month. Fresh elections are expected to take place on June 23rd.

Meanwhile, a statement from the judiciary says that although a chief justice is appointed by the president and confirmed by the national assembly, all matters related to discipline and welfare fell within the “exclusive province” of the judiciary.

The chief justice and justices of appeal shall continue to discharge their functions as per their constitution mandate, according to the Judiciary.

Why Are Malawian Leaders Holding Mass Rallies Amid COVID-19?

Blantyre, May 22 — This week, two prominent Malawian musicians have put up posters advertising their coming shows. In a normal situation, no eyebrows would have been raised, only that this is not normal. Not only has the president of the country banned public gatherings and by extension, obviously musical shows. But the artists are asking: “If the politicians are mobilizing people for public rallies, why not us?”

When the first case of COVID-19 was discovered in the southeastern Afrikan nation in early April, the government immediately went to work. The president declared the pandemic a national disaster and announced the closure of schools, banned public gatherings of more than 100 people, and banned foreign nationals from countries affected by the Coronavirus from entering the country. Returning Malawians from the affected countries have been subject to self or institutional quarantine.

But what surprised many people including health experts was during the presentation of presidential nomination papers by both the opposing and ruling party candidates. Thousands of people accompanied the candidates and while the candidates were able to observe social distancing and wearing masks, the supporters did not. They rubbed shoulder to shoulder in the streets as they accompanied their favorite candidates. No candidate has spoken out against this practice.

What has followed are series of rallies by the leaders who have ramped up campaign ahead of the July fresh election. Malawi is set to have elections either in June or early July after the court annulled the 2019 May election due to irregularities.

According to Climate Tracker Africa, Malawi has now just over 70 cases. But the pandemic has come at a historic moment in which government trust is low and all political parties have one eye on the July elections.

Political leader in Malawi.
Peter Kuwani, Leader for Mbakuwaku Movement listens to speech by electoral body officials during presentation of nomination papers. Credit: Charles Pensulo / Ubuntu Times

Maziko Matemba, a health activist described the trend as regrettable and fears the landlocked country may soon see a sharp rise in cases ‘most likely by next month.’

“I thought that people will innovate and come up with new strategy because the current strategy is so dangerous to COVID-19. Ministry of health will have more problems in containing it because our health system is so vulnerable.  In absence of strategies, this is dangerous because we’re likely to have more cases than we can manage,” Matemba told Ubuntu Times in a phone interview.

Matemba said that despite all the political leaders announcing earlier they had a strategy for doing their campaigns not to disrupt the COVID-19 measures, but what is coming out clear is that they don’t have new strategy but rather ‘they are using the same old ones which are problematic because it poses danger of COVID-19.’

He said that even United States of America which is also heading for election, the mode of campaign is different from that being practiced in the country. Malawi may not be like the USA, he said, but he urged the leaders to act differently.

“We know that people already did their campaign because this is just a rerun. So you can’t behave like you are telling people different things,” he said.

As another way of combating the virus, President Peter Mutharika had put in place a task force to provide policy and guidelines during the pandemic.

Political leader in Malawi.
Lazarus Chakwera, leader of the opposition presents nomination papers to Malawi electoral chair ahead of fresh election. Credit: Charles Pensulo / Ubuntu Times

“When we had presidential taskforce, the rationale was things will be different but things are the same,” Matemba said noting that things have not changed.

“So far, we’re already or close to the peak period of the pandemic since it was discovered in April but because of the measures that the ministry had in place, like testing people who traveled, the country has seen fewer cases and mortalities but with what’s happening now, I am afraid we might have a dangerous situation,” he added.

At first, most of the cases of the Coronavirus were detected in those who had traveled from countries like India and the United Kingdom but some newer cases are now being locally transmitted raising more fears the current campaign will further spread the virus.

“We now have 42 local transmissions which mean we’ve started infecting each other. If we look closely, the local transmission is probably happening because of the same less travel restrictions to control people doing business as usual. Another sad thing about what’s happening now is that the same campaign team or managers are going across the country and that’s transferring the transmission assuming one team member has the infection,” Matemba observed.

Globally, some countries have started easing restrictions and although Afrikan countries are not as much infected as their western counterparts, fragile health systems on the continent raise fears that the pandemic will be more devastating.

In Malawi for instance, thousands of health workers have been holding protests to force the government to address their concerns including massive shortage of Personal Protective Equipment (PPEs). And the opposition has also condemned government approach in addressing the pandemic saying the government has politicized it ahead of the fresh elections.

Commenting on this Ernest Thindwa, a political science lecturer at Malawi’s Chancellor College, the current political atmosphere in the country has informed both the government’s approach to the pandemic and the backlash it has provoked.

“Malawi is now a much-divided nation on the basis of politics and the president should have known that,” he says. “The ruling party has a narrow mandate and much of the mandate, in my view, is with the opposition.”

Political leader in Malawi.
Lazarus Chakwera, leader of the opposition presents nomination papers to the Malawi Electoral Commission ahead of fresh election. Credit: Charles Pensulo / Ubuntu Times

Both the ruling and opposition refused to comment for this story why their parties are holding mass rallies amid the pandemic.

But the ministry of health principal secretary is quoted by the media saying the rallies defeat the fight against the coronavirus fight.

“As a ministry, we are really concerned with the gathering of people by political leaders. We have seen huge gathering, this would defeat the whole battle against coronavirus. This is against the global fight against the COVID-19,”

The Health Minister Jappie Mhango also reportedly spoke against the campaign.

“Elections or not, we need people and we cannot be sending them to the grave because we want to win the election. We’re being careless. If the leaders themselves cannot even observe social distancing, who will be telling people about the seriousness of the pandemic?”

As vendors, who were chased from the streets a while ago start going back into the streets and popular artists who are held in high regard start to mobilize people for shows because of the politicians conduct, it begs the question who will give direction and act as role models during this pandemic.

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