Joy radio closed again

The High Court in Blantyre has lifted an
injunction obtained by privately owned Joy Radio Station restraining
Malawi Communications Regulatory Authority (Macra) from closing it.



The ruling means that Joy Radio does not have a broadcasting licence and, therefore, it is technically closed.



Delivering the ruling in his chamber, Judge Joseph Manyungwa lifted the injunction on grounds that Joy Radio misled the court.



He stated that an applicant for an injunction was supposed to disclose all facts before the court.



“There was suppression of material facts when the exparte applicant was seeking court’s relief,” the judge explained.



The Judge said that in its affidavit, Joy Radio told the court that
Macra revoked the licence without giving the station an opportunity to
be heard.



According to affidavits, the respondent (Macra) wrote the station on
August 28 to provide recorded broadcast material, a request the station
did not comply with.



“Joy Radio did not respond to the letter until September 18, when they
explained that they were not ready to submit the recorded material
because the materials would end up in the hands of Information Minister
Patricia Kaliati and Malawi Broadcasting Corporation [MBC],” he said.



He said the action meant the court was misled.



Judge Manyungwa also said that Macra, according to Section 54 of the Communications Act, has the right to monitor the station.



In an interview after the ruling, one of Macra’s lawyers Kelvin Nyasulu
said the ruling meant that Joy Radio has no broadcasting licence and
thus closed.



“The ruling means that there is nothing that can stop Macra from revoking Joy Radio’s broadcasting licence,” Nyasulu said.



Joy Radio lawyer Ralph Kasambara, who was absent at the court, refused
to comment on the ruling, saying he had not seen the verdict.



“But if the injunction has been lifted, we will take the matter to the Supreme Court of Appeal,” he said.



On his application to have the injunction extended, Kasambara said the court would hear his arguments today, November 20.



Joy Radio wants an order that the injunction granted herein by the
court on October 17, 2008 be extended pending judicial review on its
differences with Macra.



The radio station was closed on October 17 due to, among other reasons,
transfer of ownership from Multi Media Communications Limited in 2002
to Atupele Properties in 2005.



Atupele Properties belongs to former president Bakili Muluzi and former wife Annie.



This, according to Macra, means Joy radio is now in the hands of politicians, which is contrary to the Communications Act.



Joy Radio has been at loggerheads with Macra for some time now. The
communications regulatory body also closed the station’s sister company
Joy Television.



Kasambara obtained an injunction two days after the revocation of the license by Macra.



As we went to press, Joy Radio was still on air despite the verdict,
apparently because management had not been served with the ruling yet.

MADONNA ANNOUNCES THE RAISING MALAWI ACADEMY FOR GIRLS

To All My Friends,  



I am really excited to share with you a new video message about a project that you can be a big part of: The Raising Malawi Academy for Girls.



After witnessing the potential of Malawi's girls firsthand, I made it
my mission to give them an opportunity to become their personal best.



I hope you will share my urgency and make a donation today. Every
donation counts toward helping impoverished girls to reach their full
potential. And every dollar will make a difference.



Thank you for helping me to bring education and opportunity to the
girls of Malawi. They are deeply grateful to you for your support, and
so am I.



With Love,

Ndirande vendors apologise to Bingu

Ndirande vendors in Blantyre have swallowed their
pride and apologised to President Bingu wa Mutharika following the
torching of a Democratic Progressive Party (DPP) office in the township.



Some vendors torched a DPP office on claims that they were denied money
amounting to K14 million donated by the President and some well-wishers.



Well-wishers pledged donations to the vendors after a fire gutted down
Ndirande market where they were operating from and destroyed
merchandise valued at over K140 million.



Soon after the torching of the DPP office, Mutharika announced
withdrawal of his K4 million donation to the vendors and another K10
million solicited from well-wishers by the area’s MP Gift Mwamondwe.



A group of members of Ndirande market led by Chairperson Davison Benard
wrote the President through Mwamondwe, who is also Deputy Minister of
Transport.



The group that went to Mwamondwe’s house said they regretted the action taken by some hoodlums who torched the office.



“Vendors did not torch the office but some people in the township took
advantage of the situation to tarnish our image,” Benard said.



He asked the President to forgive them for the incident.



“Let me also thank the police for investigating the matter so that the truth should be established,” he said.



Mwamondwe confirmed in an interview that the said group of vendors visited him to present their petition to the President.



“The vendors realised that they had wronged me as their
parliamentarian, the President and the government as whole and that is
why they are asking for forgiveness,” Mwamondwe said.



Mwamondwe said he welcomed the move and promised to deliver the petition to the country’s First Citizen.



“It is good that justice will prevail because the police have managed
to arrest some of the suspects who are expected to appear in the court
soon,” he said.



Southern Region Police publicist Davie Chingwalu said the suspects in the incident would appear in court Friday November 14.



Peoples Progressive Movement (PPM) vice president Mark Katsonga Phiri
gave the vendors K2 million while former president and opposition UDF
national chairman Bakili Muluzi donated K3 million to the vendors.

Bingu's letter to Muluzi: You are sick

President Bingu wa Mutharika and his
predecessor Bakili Muluzi have during the last month been at each
other’s throats exchanging letters in which the President accuses his
predecessor of spreading many lies through Nyasa Times and other media
that, among other things, he is suffering from cancer.

The President, in turn writes that he knows Muluzi is a sick man.

But in reply the former president says he has since being cured of
spinal cord problems which "came about because of the gruelling
campaign of 2004 that I had undertaken on Your Excellency’s behalf"

In the letter, the President also threatens to arrest his mentor if
he continues spreading lies about his health using the media. He also
accuses UDF director of research Humphrey Mvula as the man Muluzi uses
to spread the lies.

"Dr. Muluzi I know that you very much want me dead," reads in part Mutharika’s letter to Muluzi dated October 28, 2008.

He says he does not have cancer as he (Muluzi) has been saying.

"I recently underwent a very thorough medical check-up and was given
clean bill of health. I am sure if you watch television, you will see
how fit I am. I play golf and keep all my international engagements.

Is this a sign of a person who is dying soon?" Reads the letter whose receipt Muluzi acknowledged in an interview on Tuesday.

In the letter, the President goes on to challenge the UDF leader that he has a lot of information about Muluzi’s health.

"Your health has considerably deteriorated over the past two years.
I am sure other citizens of Malawi also know about your medical
condition. For instance, I know that you yourself are a very sick man.

"I am reliably informed that you have serious deterioration of your
spinal cord and that you have pins inserted in the spinal cord to
support your back," further reads the letter.

Mutharika says he also has information that Muluzi has cancer of the
throat and that he sometimes experiences difficulties in speaking.

"I am also reliably informed that you have serious diabetes ‘A’
problem and that you cannot stay very long without eating anything or
else you will faint. In fact, I recall that at one of your rallies you
actually had to leave the podium quickly to get food and medication in
the motor home behind the platform. Your wife prompted me to continue
speaking so that people would not know what was happening," Mutharika
says.

He alleges that at one time Muluzi had his blood drained because it was ‘contaminated’.

Continues to write Mutharika: "Now Dr. Muluzi would you really like
your medical information to be made available on the Internet and other
media? Would you not say publishing such facts would violate your
privacy and constitutional rights? If the answer is yes, why then do
you fail to realise that you are also violating my constitutional
rights?"

Mutharika justifies his writing by saying Muluzi bankrolls online
publication Nyasa Times to publish false stories about Mutharika’s
health. He says doing that is criminal libel and sedition.

In conclusion, Mutharika says: "As a Head of State I have all the
options to arrest you and any of the perpetrators of these diabolic
lies. This is not a threat but a statement of fact. I am aware that if

I take such action you will scream at the top of your voice that the
whole thing is politically-motivated. But what you are writing against
me is also politically-motivated."

The President says he wants assurance from Muluzi to instruct his
cohorts to immediately stop publishing fabrications and lies about him
on Nyasa Times and other media.

But three days later, Muluzi responded to Mutharika’s letter on
October 31, 2008 where he casts doubts on the authenticity and
credibility of intelligence which the President receives.

"The allegations raised in your letter are not only false but
concocted lies fabricated for ulterior motives by dubious individuals
within the intelligence or your political system. Your Excellency, upon
assuming office in May 2004 I did advise you to exercise extreme
caution in handling of intelligence information that will be passed on
to you," says Muluzi.

The former president says in the letter he is amazed when Mutharika
attributes his negative publicity to him even when some of such is
borne from unpopular government decisions.

"Your Excellency, I think time has come when all of us should
remember that democracy does not demand blind obedience, unquestioning
discipline and acceptance of the status quo but calls upon leaders to

appreciate people’s right to understand and take active participation in matters affecting them," reads Muluzi’s letter.

He also denies controlling the media, including Nyasa Times and the independent media in general.

"…These allegations are false and I would advise you stop peddling
such allegations because they have the capacity to undermine the
credibility of your high office," Muluzi says.

Muluzi informs Mutharika that Mvula does not reside at his BCA Hill
residence and he is not employed or deployed to write and publish
articles that are critical of Mutharika.

"This is again a case of inaccurate and misleading intelligence
information….The allegations that Nyasanet and Nyasa Times are funded
by me personally are inaccurate and false. Whilst I cannot answer for
Mr. Humphrey Mvula about his alleged involvement, I however, have my
doubts and do not subscribe to the philosophy that he is the
Nyasanet/Nyasatimes mastermind," reads the letter.

Muluzi then tells Mutharika that his health has never been a subject of debate in UDF.

"…Be rest assured that I personally and the UDF as a party continue
to wish you good health. Your Excellency, if at any time my health is
not to the mark, I will be the first one to go public about it as I have

always done. I have never pretended to be such a person that cannot
fall sick nor I have hidden the state of my health," the letter reads.

Muluzi admits that he had suffered a slipped disc and this condition
came about because of the gruelling campaign that he undertook on
behalf of Mutharika.

"I am rather perturbed that you have quickly forgotten that the said
slipped disc had been as a result of my active campaigning for you in
2004. I would request you to remember and appreciate my sacrifices and

sacrifices of other UDF leaders whom you fervently tout as enemies," he says.

Muluzi also denies that his blood was drained.

"It is also not true that I have throat cancer. I am disturbed with
your claim that I suffer from category A diabetes and that I cannot
stay very long without eating food or else I will faint. Your
Excellency, your information is wrong and malicious since you well know
that this is not the case," Muluzi says.

Muluzi reminds Mutharika that he worked with him and spent long
hours during the 2004 campaign which at times saw both of them conduct
10 meetings a day without taking food.

"You are also aware that I am a devout Muslim who observes 30 days
of fasting during the Holy month of Ramadan. It smacks of sadism that
your Excellency can regurgitate information that is false and
unfounded, especially considering the fact that your Excellency have
demonstrated the rare courage of capturing this information on official
record. I find this to be a very unfortunate situation and a
demonstration of how much hate you hold against me," the letter reads.

Muluzi has reminded Mutharika that he has demonised his predecessor on MBC radio and TVM, calling him all sorts of names.

"Your Excellency, I have not forgotten my recent dehumanising and
disgraceful arrest at Kamuzu International Airport in June this year on
your trumped up treason charges. The arrest was authorised by Your

Excellency following your pronoucements at a rally in Nkhata Bay
district. I wonder if you really believe that I can plan to overthrow a
government that I helped put together...," Muluzi says.

"I have never wished you dead. Rather that you have wished me and my
colleagues in UDF dead because a lot that can be proved by hard facts
and evidence has happened during the four years," he says.

State House press officer Chikumbutso Mtumodzi yesterday confirmed
the correspondence between Mutharika and Muluzi but could not be drawn
to comment on the contents of the two letters.

"Any means of communication from the incumbent to the former
president are strictly confidential documents. However, if Muluzi has
taken the lead in exposing such correspondence that is breach of trust.
All along it was assumed that Muluzi was a level-headed and serious
individual," Mtumodzi said.

Mvula declined to comment on allegations levelled against him, saying he is yet to see the letters.

A new 'Ngwazi' in the making in Malawi

Lusekelo Adam

Last week I talked about how the Malawians chaffed under late dictator
Mzee Ngwazi Hastings Kamuzu Banda. As biology was slowly but surely
claiming the 'Ngwazi', Life President of Malawi , the country was being
ruled by a cabal comprising of his chick, Cecilia Amanda Kadzimira and
her much-reviled uncle John Tembo. Ngwazi is Kingoni for 'warrior'.


Born in 1932, Tembo went to university in Lesotho and worked as a
schoolmaster before being appointed to Banda's cabinet as Finance
Secretary in 1963, an appointment which was unpopular with other
cabinet members for it smacked of blatant nepotism.


In his early years, Tembo played a sycophantic role in Parliament,
using his position primarily to acquire a personal fortune. By 1990, he
was a director in practically every business sector that dealt with
government, including Malawi's main bank.


John Tembo who was Banda's hatchet man came to be seen as his
natural successor, and in January 1992 he finally became, in name, the
Minister of State in the Office of the President. In effect, John Tembo
was appointed the executive president of Malawi .


The long suffering Malawians let out a loud grumble and, reading
the times, the Catholic bishops of Malawi wrote a protesting letter
which documented in graphic detail the failings and abuses of power of
the Banda administration. The letter was read aloud in every Catholic
church in Malawi .


Banda's response to the letter was to place the bishops under house
arrest. For that move, the ageing 'Ngwazi' was condemned by governments
and churches worldwide. Within Malawi , for the first time since
independence, there was a climate of open dissent. May 1992 saw Malawi
gripped with strikes and protests, culminating in the Lilongwe Riot of
May 7, in which 40 people were gunned down by the police.


In October 1992, Orton Chirwa, the founder of MCP and a leading
member of the short-lived independence cabinet, was murdered in Zomba
prison , reportedly at Mzee's orders, where he was being held since
1981.


Banda's unpopularity left him with little option but to announce a
referendum on the question of multi-party election. There arose two new
parties: AFORD, and the UDF that challenged Banda's MCP.


The Malawians gave the MCP the boot in favour of UDF led by Bakili
Muluzi, a businessman. Muluzi became the de facto owner of party. John
Tembo became owner of what remained of MCP and AFORD was led by the
late Chakufwa Chihana.


Bakili Muluzi soon found out that two five-year terms in the
presidency were too short a time. So he became victim of the power
disease which afflicts most African presidents. He wanted to change the
constitution which will allow him stand for a third term. The Malawians
gave him an overwhelming NO. He was left licking his wounds.


But Muluzi was not finished yet. He decided that he could rule
Malawi by proxy. He picked a bright economist within his party, Dr
Bingu wa Mutharika, and made him the UDF president while Muluzi
remained chairman.


He taught Mutharika what and what not to say, making sure that he
(Muluzi) edited his speeches. Muluzi even wrote Mutharika's acceptance
speech as the next president of Malawi .


But Mutharika had other ideas. He crafted his own speech and
departed from the puppeteering by Mr Muluzi. Once installed as
president, Dr Bingu wa Mutharika publicly said he was no one's puppet.
He also established a new party, the Democratic Progressive Party,
which now rules.


Malawians have also hastily decided to wipe out last vestiges of
Banda's legacy. They have removed his portrait from the Malawi Kwacha
in favour of John Chilembwe, a 19th century Malawi nationalist.


Now over the past fortnight or so, Malawians have been zapped by
what they claim to be delusions of grandeur by their president. He let
it slip into the Malawi public that he won't mind being given the title
of 'Ngwazi'.


The first 'Ngwazi' was Hastings Kamuzu Banda. Now there is a Ngwazi
Dr Bingu wa Mutharika. Presently, there is a spirited debate on whether
Mutharika should wear such a title. Some hope that he does not add the
title of 'life president' in the future as the late Mzee Banda did.