Malawi needs an 'Obama'

By Vincent Kumwenda

American Elections have come and gone but have left around a legacy that will haunt the African democracies and the rest of the world forever, the rise and election of President Barack Obama. Coming from a minority race in the American populace, equipped with eloquent speeches, cross cutting issues and a powerful voice that reached out to all people around the world, Obama has ushered in a new era of politics. 
 
With keen interest Malawians have watched the whole process learning one or two things from it. Now they wait, hoping another Obama will rise in the country as we draw close to the elections. Nomination papers have been presented to the Electoral Commission and the same old politicians are leading the race with nothing new to offer. 
 
Silently we wait, ready to follow at the sign of his emergence. A leader who will rise to unite the nation regardless of the regions people are coming from, their denominations or political affiliations. A person who will address issues and not personalities, will inspire hope in them and remind them that they can make a difference. A person who will practice real democracy, respect the rule of law, put his emphasis on development, resurrect the dying education system, define a proper health care system and bring justice to the masses. 
 
In the north people are waiting anxiously for this Obama who will develop the region as he will do in the south and centre. A wise person who will not be involved in the politics of kuthana, kunyenyananyenyana ndi kuchekanachekana or kusolola. He will have the welfare of people at heart. He will not use swearing words in rallies, respect opposing views and reach out to other parties. 
 
People of Nsanje are tired of the same old politicians who have been around since independence claiming to own the Lower Shire yet they don't develop it. Now they wait for an Obama, who has no tainted past, corruption background or a chain of political parties he has joined or disbanded. A person who will bring together people from all races and mulhakhos, his rallies will attract all people and with one voice they will speak change, bring change and embrace change. 
 
Young people have been silent for too long hoping this this Obama will come with clear employment creation plans. Bringing in policies that favour the youth all over the country. Not the very same people we read in the history books who are now either bald or gray haired. In the capital people are on their knees ready to join the others when he comes. Not to be left out in the rewriting of the country's history when a new leader springs out. 
 
Unfortunately it seems we have to wait a little longer, because the current crop offers no hope. The same recycled politicians are gracing the podiums in new party colours. Running away from the real issues that affect Malawians and targeting personalities. Twisting and raping the constitution at will to favour them. Masquerading as biblical prophets and messias while they plunder economies in our full view. 
 
Lets keep our fingers crossed that we will be there when he comes. He will surely come no matter what or how long it takes. Americans had to wait for many decades, enduring the suffering that costed some lives. When he came he needed no introduction to the masses who were anxiously waiting for him. Yes We Can !! was enough to bring them together. 

The author is a freelance writer based in Mulanje. He writes on his blogs www.vincekumwenda.blogspot.com

Muluzi's Battles to be slow and painful as his expenses on lawyer fees skyrocket

Battle lines have been drawn between former president Bakili Muluzi and the Malawi Electoral Commission (MEC) in a case Muluzi is challenging the electoral body’s decision to bar him from standing as a UDF presidential candidate in the forthcoming elections.
One of Muluzi’s lawyers, David Kanyenda, said on Tuesday the former president has hired two Queen’s Counsels (QCs) from the UK and one lawyer from South Africa to strengthen the local team in the challenge.
“We have a team of six legal houses but there will also be two QCs from the UK and one lawyer from South Africa,” said Kanyenda, who refused to name the foreign lawyers.
He said the foreign lawyers have also been among Muluzi’s legal team in other matters.
Kanyenda said, among other law firms Muluzi has hired, are those of Fahad Assani, Kalekeni Kaphale, John Gift Mwakhwawa and Jai Banda. Two other firms, Kanyenda said, are working behind the scenes. Meanwhile, Ralph Kasambara, the lead counsel of Muluzi in previous cases, on Tuesday refused to comment on whether he is still part of Muluzi’s lawyers.
Banda, who said Muluzi’s lawyers in the case are 24 in total, added that Kasambara is still part of the team because he was not withdrawn.
Kasambara’s party, the Congress for Democrats (CODE) which was in an alliance with UDF, is now working with MCP.
Meanwhile, MEC has appointed the Attorney General Jane Ansah to defend the case on its behalf.
In a notice of appointment of legal practitioners dated March 23, 2009, Ansah advises the court and Muluzi that MEC has appointed the AG’s chambers as their lawyers.
In an interview, Ansah confirmed the notice of appointment, saying the Ministry of Justice lawyers will handle the case.
The AG could not disclose names of the lawyers from her chambers, saying they will be known in court. She ruled out the possibility of hiring foreign lawyers, saying her ministry has the capacity to handle it.
On Monday, the Chief Justice Lovemore Munlo certified the case, saying it relates to and concerns the interpretation or application of the provisions of the Constitution of the Republic of Malawi.
The case will be heard and disposed of by not less than three High Court judges sitting as the Constitutional Court.
Muluzi filed a challenge against MEC’s decision to bar him from standing on Sunday in the High Court in Blantyre, arguing it is a breach of his rights.
MEC on Friday rejected Muluzi’s candidacy because the former president already served two consecutive terms and that allowing him to stand would mean returning to the institution of Life Presidency.

Game Over for Bakili Muluzi as he looks for options

MCP president John Tembo and former president Bakili Muluzi are scheduled to meet again this week to allegedly discuss a possible alliance though the two parties downplayed the issue on Tuesday, saying the meeting is on a different topic.
Sources at Muluzi’s BCA Hill residence in Blantyre and Tembo’s aides said the two leaders met yesterday at Muluzi’s residence but did not exhaust the agenda.
The sources said the two leaders are expected to continue their discussions today on the possible alliance.
Tembo could not be reached for comment.
UDF spokesperson Rob Jamieson confirmed the meeting took place but dismissed it was about forging an alliance on Tuesday.
“I can confirm that they did not meet on Monday but this [Tuesday] morning. I cannot state the exact details of their discussion but it centred on the implementation of the African Union agreement they signed,” said Jamieson.
He said it is in the interest of opposition parties to come together and ensure the implementation of the agreement which calls for free, fair and violence-free election.
“[President Bingu wa] Mutharika’s recent actions have shown that he is not interested in implementing the deal. What he was saying throughout his [whistle-stop] tour to Blantyre [last week] indicated that. So, the two leaders want to find a way forward,” said Jamieson.
Tembo and Muluzi’s meeting comes barely four days after the Malawi Electoral Commission (MEC) barred Muluzi from contesting in the forthcoming elections because he already served two consecutive terms and that allowing him to stand would mean returning to the institution of Life Presidency
Muluzi, who is challenging MEC’s decision in court, told supporters during the launch of his campaign and manifesto in Mangochi on Saturday that he will still represent UDF and its alliance partners on May 19.
He told supporters that as opposition they are united and have devised strategies to unseat Mutharika. He did not elaborate.
MCP publicity secretary Ishmael Chafukira on Tuesday said he did not know about Muluzi and Tembo’s meetings and anything related to his president’s travel as he had not been informed about the developments.
Tembo, however, is on record to have stated that he was in an alliance with the UDF and had asked Muluzi for a running mate and he provided him with Brown Mpinganjira, who is fighting his party membership in courts after being expelled by the UDF.
Muluzi has remained silent on Mpinganjira’s move to MCP.

Bakili Muluzi's grounds for candidacy appeal unfounded

BLANTYRE (AFP) — Malawi's former president Bakili Muluzi has filed a lawsuit challenging the country's election commission's decision to bar him from running again in May elections, his lawyers said on Monday.

"I am eligible to stand as a presidential candidate in the forthcoming elections, after a lapse of one term in office when another person occupied the office of the president," Muluzi wrote in an affidavit seen by AFP.

His lawyer Jai Banda said the ex-president wants the court to declare him eligible to run again. Muluzi headed the impoverished southern African nation from 1994 to 2004.

"I only served for two consecutive terms and I was thereafter succeeded by the incumbent State President Bingu wa Mutharika," he said in the affidavit.

In the country's first multi-party poll in 1994, Muluzi defeated dictator Kamuzu Banda, who ruled Malawi with an iron fist for three decades.

The late Banda declared himself life president at the height of his rule, which was characterised by gross human rights abuses.

For his part, Muluzi claims the commission's rejection of his candidacy "is a breach of political rights of my party and myself as both the country's constitution and that of the UDF (United Democratric Front) are clear that I am eligible to stand."

The axing, he said, was also "aimed at disfranchising" the members of the former ruling UDF, of which Muluzi remains its influential chief and financier.

In disqualifying Muluzi, the commission said he has already served the two-term limit.

His political standing has also been hit by corruption allegations, after he was charged in February with 86 counts of graft over the alleged theft of 12 million dollars in aid money.

Fahad Assani continues to play Devil's Advocate for Bakili Muluzi at the expense of Millions of Malawians

Attorneys for Malawian former President Bakili Muluzi will today (Monday) challenge in court a decision by the Electoral Commission declaring him ineligible to compete in the May 19 general election. The commission late Friday barred the former president from contesting the election saying he had already served two consecutive terms as Malawi's leader from 1994 to 2004. Observers believe the move could potentially plunge the country into a constitutional crisis and escalate political tensions in the country. Incumbent President Bingu Wa Mutharika has hailed the electoral commission's ruling.

Fahad Assani is the lead attorney for former President Muluzi. He tells reporter Peter Clottey that the electoral commission is to blame for the current crisis.

"Indeed we have managed to have the summons signed and executed by the High Court of Malawi. And that summons is a challenge to the Malawi Electoral Commission to ensure that the decision that they have made barring the former president who served two consecutive terms up to 2004 is allowed to come back in 2009," noted Assani.

He said the opposition UDF has its job cut out if the court agrees with the electoral body barring the former president from participating in any other election after serving two consecutive terms as the country's leader.

"Well that one is a decision that has to be made by the party because it is the party that is challenging the decision of the Malawi Electoral Commission. Because as you may be aware, what has happened is that the electoral commission took so long to make a decision on the eligibility of the former president and they (EC) are not even presenting alternatives to the more than three million voters who we know are UDF supporters. And now that kind of decision will disenfranchise the UDF supporters totally is not acceptable," he said.

Assani expressed confidence that the court will rule in the former president's favor after considering the facts.

"We are quite confident that the electoral commission made quite a grave legal error, which the court has to come in and redress because our constitution has provided the condition that would be required for one to stand as a parliamentary member or a presidential candidate. At the same time, our constitution talks of the tenure of office, it refers to the president who is not a former president as to what condition one can be on that seat once elected. So, they (EC) are using the provision which is there for somebody who has been elected, but not for the condition for one to be elected in terms of eligibility," Assani pointed out.

He denied the former president is to blame for a possible constitutional crisis due to his plans to stand for another round of election after serving two consecutive terms as Malawi's leader from 1994 to 2004.

"Far from it, since he was elected as the UDF presidential candidate, that was April 2008, he has always said that it is the people who want him to be the touch bearer for the party (UDF). Now this thing has been so topical throughout that time whereby if the electoral commission was indeed acting in good faith ought to have said, you are not eligible because you have served two consecutive terms. They never wanted to make any decision and even when the papers were presented on February 24 this year, the electoral commission kept these papers until after a month and two weeks and now to say you are not standing," he said.

Assani said the electoral commission should have taken a cue from the ongoing controversy surrounding the former president's eligibility after he was elected as the presidential candidate for the opposition UDF last year.

"There is a lot of bad faith with the electoral commission because had they said when people as well civil organizations were calling upon them that they should inform the nation whether a former president who had served two consecutive terms is eligible or not, these things could not have been in existence today. But it is the electoral commission that has created this atmosphere of uncertainty or the so-called or perceived constitutional crisis. It is not the former president," Assani noted.             

Former President Muluzi contends that the EC was politically pressured to prevent him from representing the opposition United Democratic Front (UDF) party in the upcoming election. He cited claims and rhetoric by incumbent President Mutharika which that he would not be allowed to participate in the general election, after Mutharika described his move as illegal.

But opponents of former President Muluzi's candidacy are of the opinion that the spirit of the constitution was to bar leaders from ruling the country for life, thus the two-term limits.

Malawi's constitution limits presidents to two terms but silent on whether a former president can run again, which has incessantly led to demands by some Malawians for the law to be reviewed.

Muluzi, was Malawi's leader from, 1994 to 2004 after expressing his desire to contest as presidential candidate for his former ruling United Democratic Front (UDF) although he already served as president for a maximum of 10 years.

He was arrested last month and charged with stealing millions of dollars given to Malawi by international donors during his decade as president, ending in 2004.

Muluzi denies any wrongdoing, but despite his legal problems, he reportedly has considerable grassroots support in some parts of the country.