Malawi

Operation Dudula

There is no direct translation for the word Dudula in the English language, but the president of the organization that started off as a ‘clean-up campaign’ to directly confront the scourge of crime and drugs by ‘illegal immigrants’ in South Africa says it means ‘push-out’ or ‘more force’.

Zandile Dabula is the President of Dudula, a movement that came into the mainstream of South African politics for its unorthodox stance against ‘illegal immigrants’ in South Africa.

During the 2021 July uprisings, Dudula was led by Nhlanhla Lux Dlamini, a 37-year-old activist who has since distanced himself from the group.

Speaking to Ubuntu Times, President of Operation Dudula, Zandile Dabula, said the civic organization resolved at a consultative conference held on May 17, 2022, to transform itself into a political party and contest the country’s presidential and national assembly elections slated for next year.

She accuses the mainstream media of portraying the party in a negative light following a story by the BBC that has garnered thousands of views since it aired on September 19, 2023.

“We know mainstream media is biased; they do not cover everything we do. We placed South African citizens back into RDP houses; we have placed South Africans in jobs. We have our in-house media; we have people in Africa who want to have operation Dudula’s,” Dabula informed Ubuntu Times.

Reconstruction and Development Programme (RDP) was a South African socio-economic framework implemented by the ruling African National Congress (ANC) to deal with the country’s most pressing challenges just after the 1994 elections.

The program built houses for citizens (referred to as RDP houses) in the low-income strata; however, these citizens are said to have sold the houses to foreigners (at give-away prices), and Dudula is helping to get them back. However, the group is known more for its “anti-foreigners stance” and “vigilante” antics. Dabula says those who label the party as anti-foreigner vigilantes are not looking at the party’s activities in their entirety.

Zandile Dabula, President of Operation Dudula in South Africa.
Zandile Dabula is the President of Operation Dudula, which is a grassroots movement that morphed into a political party when it became prominent with its anti-immigration rhetoric and citizen arrests. Credit: Zandile Dabula

“South Africa is a welcoming country, but I need to have a passport or a visa to enter, and because our home affairs ministry officials are bribed at the borders, anybody can come in, and this has led to all sorts of crimes which we’re not used to seeing before,” she told Ubuntu Times.

“Nigerians specialize in drugs and body parts; Zimbabweans are robbers and steal jobs. They will kill you! Malawians, they are human traffickers, and they are also being trafficked, being used as slaves by the Pakistanis. They also kill; to be honest, we always see them coming without documents,” Dabula said.

Nhlanhla ‘Lux’ Dlamini came to prominence in the international media landscape as a leader of Operation Dudula during a period of looting and violence that was sparked by the arrest of former president Jacob Zuma on a contempt of court conviction. These protests were similar in veracity and magnitude to the George Floyd protests in the United States of America a year earlier.

“When South Africa went through the July unrest, I was the leading commander that stopped the looting when the police failed. I was engaged to say, you must come, and we protected the malls,” Dlamini explained.

Unbeknownst to many, Dlamini has been the President of the Soweto Parliament for the past ten years and has dedicated his early adulthood to civic engagement in the township, which has an estimated population of 1.8 million inhabitants.

The Soweto Parliament is a community leadership structure that seeks to address issues affecting Soweto residents, such as unemployment, crime, and lack of access to basic services such as electricity.

Dlamini told Ubuntu Times that he has distanced himself from the activities of Operation Dudula due to ideological differences and the organization’s way of doing things. He said he has dissociated himself from Operation Dudula because the movement had deviated from its objective of addressing the issue of undocumented workers who were competing for economic spaces with South Africans in areas deemed not to be needing skills, such as the restaurant business.

“The law states that only foreigners with special skills should be absorbed in the economy where we need them, and the low-entry jobs on the lower part of the economy that do not require special skills should be reserved for the citizens that need jobs… We are talking about the country with one of the highest unemployment rates in the world, and so we were addressing that, and I was happy to associate myself with that cause, but when it started to be out of control…, I had to leave,” Dlamini explained.

“When they (Dudula) publicly came out and said all foreigners, I said nonsense. I can never fight all foreigners; I am fighting the foreigners who are undermining the laws of the country. I had to leave them when they began fighting all foreigners,” Dlamini elaborated.

On the issue of the role South Africa can play on the continent to address the issues that push migrants from their home countries to South Africa Ndlamini said the problems of South Africa’s neighbors are the problems of South Africa and urged the South African government to play a greater role in addressing peace and security on the continent.

“The problem is that governments might be on a certain level of communication, but the average person in the country does not understand or comprehend that level of communication.” The former leader of Operation Dudula before it transformed into a political party noted to Ubuntu Times that governments should be able to communicate and work together with other countries to follow the laws of migration to South Africa.

Regarding the negative stereotypes Zandile Dabula, the President of Operation Dudula, attributed to nationals from Nigeria, Zimbabwe, and Malawi, Ndlamini said he does not agree with such stereotypes because crime cannot be generalized.

“Crime is crime; you must deal with crime. Once you start generalizing crime and making it a nationality, that means you do not understand policing and you do not understand crime because most Nigerians don’t sell drugs; you’ve got a minority of Nigerians that sell drugs,” Ndlamini warned.

“We fight when white people say black people are thieves. We want to fight! We want to fight, but when black people in South Africa say Africans are WHAT! WHAT! Then it’s not a problem. We can’t be two-faced; we must be fair all the time. We can’t say Nigerians sell drugs because not all Nigerians sell drugs. That is why I cannot agree with Zandi, Dudula, or anyone when they say that Mozambiquens do this and Zimbabweans do that. Criminal do 1, 2, 3, you can’t say entire nationals like that, you can’t,” Dlamini vehemently cautioned.

South Africa is Africa’s second-largest economy, with an estimated GDP of US$399 billion, based on a 2023 World Bank report.

According to the 2022 South Africa Department of Statistics census report, the country has an estimated population of 55.7 million people.

However, the country also has a significant number of illegal migrants, which then places the number of immigrants higher, and this is a concern for activists and politicians like Dabula and Dlamini.

Zandile Dabula, the President of Operation Dudula, with members of the police during one of their many operations in Johannesburg, South Africa.
Operation Dudula movement has registered as a political party and will be contesting the 2024 South African elections. Credit: Zandile Dabula

A South African journalist who chose to be anonymous informed Ubuntu Times that many people migrate to South Africa looking for the ‘dream’ but the reality is that resources are few and migrants are sometimes forced into a life of crime in order to be able to fend for themselves.

“Everybody is fighting for space, a slice of the pie. If the economy can grow and the pie can become larger, there will be more for everyone to share,” the journalist stated to Ubuntu Times.

The journalist further informed Ubuntu that some of the solutions to South Africa’s problem of illegal immigrants include tighter border control and South Africa playing a greater role on the continent in exercising its power to facilitate peace and security on the continent.

“South Africa’s policy is peace through negotiation, and like our President Cyril Ramaphosa said, the billions spent on wars can be used on development, but I also think South Africa has to focus more inwards when it comes to making lives better for South Africans,” the journalist emphasized.

Although they differ ideologically, Zandile Dabula and Nhlanla ‘Lux’ Dlamini seem to hold similar views on mainstream media, which they accuse of being biased and misrepresenting Operation Dudula in a negative light to fit the narrative they are trying to sell to their audiences.

“We know mainstream media is biased, and they do not cover everything we do,” Dabula lamented. Dlamini mentioned that the media does not uphold the ethics it should and has intentionally distorted his image in public by portraying him as a xenophobic vigilante when that is not who he is.

“I am well-traveled and have worked with Africans from all over the continent. I once asked a journalist what the word vigilante means, and they could not explain the meaning of the word, but that same time, the journalist was referring to me as a vigilante.

“Everything I did during my time with Operation Dudula has been within the confines of the law. The South African constitution allows citizens’ arrest, and that is what we were doing: arresting people for crimes and bringing them to the police so they can be dealt with. I am no longer with Operation Dudula, so I cannot speak on their behalf, but I do not agree with some of the things they are currently doing,” Nhlanla Dlamini concluded.

How Greed Is Destroying Afrikan Environments And Ecosystems

A Lesotho environmental law expert says it is alarmingly troubling that the once pristine African land continues to be sacrificed at the altar of profits by multinational companies extracting the continent’s minerals for financial gains. 

Advocate Borenahabokhethe Sekonyela says allowing multinational companies to dirty the African environment and its ecosystems with impunity is a violation of fundamental African customary laws that seek to protect the land. 

“The multinational companies are clearly maximizing profits at the cost of life in Africa,” Advocate Sekonyela said. 

He says fundamental principles of African customary laws dictate that Africans have full rights to their land and all natural resources beneath that land, including copper in Zambia, diamonds in Lesotho, and coal in Malawi. 

“Africans have full land rights protected by customary laws. Customarily, land is an important asset for Africans. In terms of farming, if one does not own a farm but has cattle, there was a butter system arrangement in place to ensure that we all benefit from that land. This was a fundamental economic theory of our African custom. 

“The same principle should apply even in mines because God placed Africans there with all those resources and there should have been an equity share in those resources but that is not the case because African governments have leased out mining areas to multinational companies who are sacrificing our land at the altar of profits,” Advocate Sekonyela said. 

He said the expectation that mining companies must conduct their businesses in such a way that even future African generations will benefit from their resources is slowly becoming an unrealistic dream. 

“Do it in such a way that you do not destroy my land because it is for my benefit and those that will come after me,” he said. 

Zambians Look to South Africa for Justice

A South African high court is expected to pronounce itself on whether or not it has jurisdiction to preside over a landmark class action lawsuit against Anglo American mine in the coming months.  

This was after 14 Zambian women and children alleged in court papers that Anglo American “massively” polluted their land when it operated and managed a mine in Kabwe, Zambia between 1925 and 1974. 

According to Amnesty International and South African Litigation Centre, the 14 Zambian applicants are acting on behalf of “an estimated 100,000 children and women, who report suffering injury from lead exposure as a result of century-long mineral extraction near their homes.”

The applicants want the South African high court to order Anglo American to compensate them for alleged breach of what Zambians have identified as a “duty of care to protect existing and future generations of residents of Kabwe against the risks of lead pollution arising from the Mine’s operations.”

Amnesty International’s Director for East and Southern Africa, Deprose Muchena, has likened this case to a biblical story of “David vs Goliath case and a significant, long-overdue step towards justice for the people of Kabwe, who have suffered from lead poisoning for years due to the mining activities of multinational corporations in their communities.”

Anglo American has been previously quoted in the media saying “we do intend to defend ourselves because we do not believe that we are responsible for the current situation.”

In an interview with Ubuntu Times this month, Advocate Sekonyela warned that the Zambian case was just a drop in the ocean, saying there were thousands of Africans experiencing serious health complications caused by effects of mining pollution. 

“Mining dirties water and it does not matter if you were an imperialist or not, I have a riparian right to drink clean water and any type of development should not jeopardize my right to access clean water,” Advocate Sekonyela said.

Lesotho Government Investigates Water Pollution 

In March this year, Lesotho’s Ministry of Natural Resources said it is investigating allegations of water pollution by Letseng Diamonds Mine, Storm Mountain Diamonds and Liqhobong Diamond Mine. 

The Ministry of Natural Resources wishes to acknowledge and notes with concern the various articles that have appeared in the Lesotho and South African press recently concerning the alleged pollution of above-average concentration of nitrates in certain rivers that flow into the Katse Dam,” read a press statement circulated on 1st March 2023. 

“The validity of the allegations are being investigated and in addition to having instructed the Department of Water Affairs to report to the Minister of Natural Resources Honourable Mohlomi Moleko, on the allegations.”

Mine tailings at Letseng Diamonds Mine in Lesotho
Mine tailings form plateaus in rural district of Mokhotlong, Lesotho. Patising and Maloraneng communities suspect that these tailing and water seepages are responsible for blue, toxic water they regularly spot in two streams originating from the mine. The mine was previously a beautiful lake in Mokhotlong, Lesotho. Credit: Retselisitsoe Khabo

Government’s investigations come after MNN Centre for Investigative Journalism published a story that the Lesotho Highlands Development Agency (LHDA), an agency monitoring and managing the Lesotho Highlands Water Project, said mines pollution of critical water sources continues unabated despite the mines’ repeated promises to mitigate contamination during joint meetings chaired by the department of environment.  

According to the LHDA, the three mines polluting rivers critical to the water project that transfers water to South Africa are Letšeng Diamonds Mine, Storm Mountain Diamonds and Liqhobong Diamond Mine. 

Communities downstream Letšeng Diamonds Mine and Storm Mountain Diamonds have accused the two mines of polluting their water courses with impunity, an accusation the two mines hotly deny. Letseng Diamonds Mine is co-owned by Lesotho government (30 percent) and British-based Gem Diamonds (70 percent). 

Since it started operating the mine in 2004, Letšeng states on its website that it has discovered precious stones such as a 910-carat Lesotho Legend (2018); 603-carat Lesotho Promise (2006), 550-carat Letšeng Star (2011), 493-carat Letšeng Legacy (2007) and the 478-carat Light of Letšeng (2008). Collectively, the mine made US$81.2 million (M1.2 billion) from four of those five stones.

Storm Mountain Diamonds’ shareholding is held by the Lesotho government (25 percent) and South Africa’s Namakwa Diamonds (75 percent). Storm Mountain Diamonds’ website states that the mine’s 3.06-carat Kao Purple Princess was sold at US$727, 898. 

Coal, Uranium Mines Leave Trail of Destruction in Malawi

The Malawi Economic Justice Network (MEJN) says communities around coal and uranium mining areas in that country “face a lot of challenges with water pollution”.

The Network’s Program Officer, Bertha Phiri has accused the Malawian government of “…not doing enough in protecting the rights and livelihood of people living in mining communities.”

“The law is clear on issues of Environmental Impact Assessment and all its related issues but the biggest challenge is laxity in the enforcement of the law. People living around coal and uranium mining areas face a lot of challenges with water pollution and their land is also affected in terms of productivity and farming let alone their health is at risk as well,” Phiri told Ubuntu Times last week.

Phiri is positive that Malawi should learn from the Zambian lead poisoning and argues that Malawi could have enacted a far much better, inclusive Mines and Mineral Act, 2018 had it taken suggestions from community representatives on board. 

“The mines and Minerals Act went through a very rigorous process as far as consultations with relevant stakeholders are concerned. However, consultations do remain consultations up until when all the issues, concerns and suggestion that are brought forward are taken on board. 

“Our observation is that Malawi missed an opportunity to address its issues and bring sanity in the mining sector learning from the bad experiences we have had with Kayerekera Uranium Mining. So the enactment of the Mines and Minerals Act would have taken on board lessons learnt which in MEJN’s view did not to the large extent besides stakeholders raising the issues during the consultations,” Phiri said. 

US Military Presence In Mozambique’s Cabo Delgado Making SADC Volatile

The Islamic State of Iraq and Syria (ISIS) might have been defeated, but its ideas and followers did not disappear. It has since reappeared in Mozambique’s northern Cabo Delgado Province, transformed as the Islamic State’s Central African Province (ISCAP). In August last year, the group attacked and ran over Mocimboa da Praia, a port town lying on the Indian Ocean coast, declaring it its capital and raising the ISCAP profile to the world.

The situation at present is threatening a major military and humanitarian crisis, according to the United Nations High Commissioner for Refugees (UNHCR) which has so far internally displaced at least 700,000 people. By June, the number is projected to be around one million.

Raouf Mazou, UNHCR’s assistant commission for operations recently said: “If one looks at the speed at which we are seeing the number of internally displaced persons rise, we know that the window of opportunity that we have is closing.”

Fleeing conflict
People fleeing the violence in several districts in Cabo Delgado are seen here homeless as they arrive in Pemba, the provincial capital. Credit: IOM / Matteo Theubet

The roots of the insurgency in Mozambique on October 5, 2017 can be traced to Kenya’s city of Mombasa and spreading along the coast in Tanzania to Mozambique. Where a combination of resources and conflict pan, the United States has presented itself as a counterterrorism partner. Over 2,000 US forces are active in over 40 counter-terrorism training missions in Africa.

Mozambique, a member of the Southern Africa Development Community (SADC), on March 15 confirmed the presence of US Commandos in the country for the next two months. A statement by the US embassy in Mozambique revealed that the arrangement is a government to government arrangement in which “US Special Forces will train Mozambican marines for two months to support Mozambique’s efforts to prevent the spread of terrorism and violent extremism.”

This marks the entry of the US-Africa Command in a region that has enjoyed relative peace. On the other hand, Mozambique’s former colonizer, Portugal, confirmed it will send “a staff of approximately 60 instructors to Mozambique to train marines and commandos.”

Is Mozambique Choosing A Wrong Ally?

The SADC bloc has a counter-terrorism strategy that underscores the desire to mete out terrorism and violent extremism under the collective belief that “a threat to one country threatens the peace and stability” of other countries.

University of Zimbabwe (UZ) lecturer in the Department of Politics and Administrative Studies Dr. Lawrence Mhandara says the decision by the Mozambican government to invite US forces “indicate a vote of no confidence” on the regional bloc.

“The lack of action on the Mozambique issue by SADC demonstrates a lack of collective capacity in the region. Though SADC has a counter-terrorism strategy, it lacks dynamism in dealing with collective security threats. For instance, Angola and Zimbabwe lack counter-terrorism capabilities,” notes Dr. Mhandara.

The SADC protocol to assistance from other nations is based on the “invitation by the country that needs help” so that other countries intervene. In the case of Mozambique, the country only sent an invite in August last year after it had approached individual countries, which did not yield results. The choice of the US by the Mozambican government, according to Dr. Mhandara, “could be based on the USA’s combat experience” on several conflicts fighting terrorism.

US forces have notably been to Afghanistan, Iraq, Somalia and now in Syria in the name of “fighting” terrorism.

“The obvious implication of this action by the government of Mozambique is that it envinces a vote of no confidence in the collective will and capability in SADC. There could be some incentives for the USA in this arrangement, but it is damaging to SADC,” added Dr. Mhandara.

Resource Protection At The Heart Of Foreign Intervention

The involvement of the US in Mozambique is part and parcel of the political-economy of war. It cannot be refuted that there are incentives for the US in this conflict. In Afghanistan and Iraq, American companies have benefitted from defense contracts through conflicts.

There are double standards coming through over the past ten years, oil companies have discovered the largest gas reserves that push several multi-billion dollar projects that have the potential to turn Mozambique into the next energy giant. As of 2019, statistics indicate Mozambique holds 100 trillion cubic feet (Tcf) of proven gas reserves, and ranked 14th in the world. In 2011, economic projections from the World Bank pointed that in the next ten years, the biggest investments were going to Cabo Delgado.

In the Cabo Delgado region, Montepuez ruby mine is said to account for 80 percent of global gas output. Besides Montepuez, a myriad of private gas companies have also emerged and protecting their interests by hiring private security companies to protect their interests. When ISCAP ran over Mocimboa da Praia last year, the Mozambican government and French oil company Total announced a strengthened agreement to protect gas installations including the Rovuma LNG gas project led by Italy’s Eni and the USA’s ExxonMobil.

The US and Portuguese troops coming to Mozambique are members of the North Atlantic Treaty Organisation (NATO) keen to “stop terrorism and extremism.” Simultaneously, they are protecting the economic interests of French’s Total, Italy’s Eni, and USA’s ExxonMobil, exploring gas in Mozambique. France and Italy are also NATO members.

“After this conflict, aims could be economic for the US government and after the mission, certain benefits will accrue to the USA,” further notes Dr. Mhandara.

Mozambique’s President Fillipe Nyusi has also been accused by his critics of pushing the neo-liberal agenda that prioritizes business over ideological principles as enunciated in the SADC framework to solving conflict, ending poverty and ensuring economic development. According to the World Bank, half of rural people in Mozambique live below the poverty line, a figure barely reduced since 2003.

ISCAP Using Religion To Tap Into An Illegal, Neglected Economy

Cabo Delgado has corridors that can improve trade between Tanzania and Mozambique, and the province is said to have an illegal economy used for heroin smuggling from Asia worth an estimated US$100 million which ISCAP is tapping into.

Makeshift shelter
Hundreds of thousands of people have been internally displaced by the ongoing conflict in Mozambique’s northern Cabo Delgado Province. The UNHCR expects the number of Internally Displaced Persons (IDPs) to be around one million in June. Credit: UNHCR / Martim Gray Pereira

The conflict in Cabo Delgado also has a religious twist. The region is one of the country’s poorest and mostly resident to Muslims. It has the lowest literacy rate, too. The Muslims in Cabo Delgado have over the years felt neglected as the natural gas in their province has not generated any benefits in their communities. ISCAP is using this to promote its anti-State agenda.

US Unwanted Yet Welcome In SADC Region

SADC Executive Secretary Dr. Stergomena Lawrence Tax is of the view that the region is “collectively committed” to supporting its member States, including Mozambique, in dealing with matters of insecurity that threaten the stability of the region at large. She confirmed the region has a robust policy, institutional and implementation framework to deal with issue of insecurity, including violent extremism and terrorism in Mozambique, without explaining why Mozambique invited the USA and by-passing SADC.

“Terrorism is a global challenge, as such, solutions to the insurgency require collaborative efforts among member states, regional communities and international partners. SADC has taken a multi-sectoral approach in ensuring that such challenges are addressed comprehensively and sustainably at national and regional levels. This is done through a number of policies, strategies and programs,” she said.

SADC committed
SADC Executive Secretary Dr. Stergomena Lawrence Tax says the region is committed to supporting Mozambique in fighting insurgents and all efforts being undertaken collectively are done considering regional and bilateral cooperations with Mozambique. Credit: The Herald / Zimbabwe

There are some issues the SADC region is not addressing, the spill-over of the conflict to Mozambique’s neighbouring countries. Because of the spatial proximity, conflict and threats of terrorism are likely to be huge in Malawi and Tanzania as neighboring countries.

SADC has long and winding borders that are not policed and monitored, hence for a long time have been porous and conducive to move contraband. The threat of refugees moving from Cabo Delgado into Tanzania and Malawi is great and this can be an opportunity by the ISCAP to export the terror operatives in other countries embedded as refugees.

Regarding possible outcomes to the conflict, Dr. Mhandara argues there is a possible spill-over of the conflict that is set to welcome US military presence in SADC.

“Because of the conflict going on in Cabo Delgado, the immediate issue is that the military presence of the USA will be immediately welcome though unwanted. The USA will then influence and capture the region through counter-terrorism and counter-insurgence experience and in the long term there will be presence of the USA in the region,” added Dr. Mhandara.

According to SADC, there is provision of a Standby Force for the Mozambique conflict if member states pledge support. This has however not happened except for the “collective solidarity” rhetoric by the regional leaders. The response by the region remains a feeble and futile adventure that should be quickly addressed to ensure regional stability.

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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