** Please visit our website: http://www.africanassociation.org **
Yes, it does DEAN. Thanks for your time in clarifying these issues. We
need to know how Africa's multifarious constitutions function. Some are
such a labyrinth!
Have a good one!
PETER W.VAKUNTA
DEPARTMENT OF FRENCH AND ITALIAN
UNIVERSITY OF WISCONSIN MADISON
602 VAN HISE HALL
1220 LINDEN DRIVE
MADISON WI 53706-1525
U.S.A
Office 608 262 4067
Home 608 422 6089
Cell 608 381 0407
"The heart of a fool is in his mouth, but the mouth of the wise man is
in his heart."
BENJAMIN FRANKLIN
----- Original Message -----
From: Dean Makuluni <[log in to unmask]>
Date: Friday, September 16, 2005 11:05 am
Subject: Re: MALAWI AGAIN!!
> ** Please visit our website: http://www.africanassociation.org **
>
> Peter and Wilmot:
>
> You force my hand. Let me commend you, Wilmot, for your explanations,
> which are right on the mark.
>
> Regarding the questions of constitutionalism, the presidency, and
> elections, please view the Malawi constitution at the following url:
> http://www.sdnp.org.mw/constitut/brfindx.html
> As you will note from the document (especially Chapter VIII), the
> executive is independent from other branches of government
> (legislatureand judiciary) in a manner similar to that provided
> for in the US
> constitution. There is no requirement in the constitution that the
> president should belong to any political party represented in
> parliamentor in existence in the country. As long as the
> individual, member of a
> party or not, meets the requirements to run and be elected
> president, s/he
> can serve as president.
>
> Although parliamentary and presidential elections do take place at the
> same time, they are in reality two different elections. As is
> evident from
> last year's election, the party which won the largest number of
> seats in
> the parliamentary elections is not the same as the party to which the
> current president originally belonged. Sure, it is frustrating to
> thosewho sponsored President wa Mutharika in last year's election
> that he
> resigned from their party; but the fact remains that he has not
> broken any
> laws of Malawi by ditching the party that sponsored him to the
> presidency. This is a party issue.
>
> You may wish to consider that this is not the first time that this
> sort of
> oddity has happened on the Malawi political scene. Several months
> beforelast year's elections (elections were in May), the then Vice
> President,Justin Malewezi, announced his resignation from the same
> United Democratic
> Front of Bakili Muluzi. That resignation estranged Malewezi from
> BakiliMuluzi, with whom he had run for executive office; but it
> did not affect
> Malewezi's standing as vice president of the republic. Unlike the
> SouthAfrican situation, where the president has the power to fire
> his vice
> president, the Malawi constitution did not allow the Malawi
> president to
> do anything to his own vice president for absconding from the
> party to
> which they had both belonged. In a similar manner, the consitution
> doesnot provide any power to anyone to fire a president who
> absconds from his
> own party.
>
> In addition to politicians concerns about their status under wa
> Mutharika's drive against corruption, this is why there is a push to
> impeach wa Mutharika among parliamentarians. The Chakuwamba issue
> is a
> side show. Chakuamba has been in politics for a long time. He
> announcedlast year that he was retiring from the politics. Next
> thing he is in
> cabinet, and then out of cabinet. His remarks are the words of a
> personwho is bitter for not being given more of the share of the
> national cake.
> Although disrespectful against the president, Chakuambas' remarks
> do not
> amount to treasonous utterances. No judge in Malawi will let any such
> flimsy charges stand. As we say in Malawi, this case will end in
> "washauti"--washout. No charges, no case. The real issue is that
> politicalparties want to achieve what the constitution does not
> allow through
> parliament. They threaten to impeach the president all the time.
> But this
> is also a move that is not entirely promising. The problem here comes
> about because although the constitution originally provided for the
> creation of a senate (consider the case in the USA, where congress
> layscharges against a president, but the trial is conducted by the
> senate); in
> reality, this idea was never implemented. What this means is that
> the same
> people who are accusing the president of violating the tenets of the
> constitution are also the ones who will stand in judgment and pass
> sentence (accuser, judge, jury, jailor). Unless, of course, a
> method is
> found to avoid such a kangaroo court. The parliamentarians know
> that the
> judicial branch of government takes matters of "natural justice"
> seriouslyand would not condone impeachment of the president on
> mere political
> grounds.
>
> I hope this helps to clarify issues.
>
> Thanks,
>
> Dean
>
> --- PETER W VAKUNTA <[log in to unmask]> wrote:
>
> > ** Please visit our website: http://www.africanassociation.org **
> >
> > Thanks again Wilmot. Let's wait for DEAN's response.
> >
> > PETER W.VAKUNTA
> > DEPARTMENT OF FRENCH AND ITALIAN
> > UNIVERSITY OF WISCONSIN MADISON
> > 602 VAN HISE HALL
> > 1220 LINDEN DRIVE
> > MADISON WI 53706-1525
> > U.S.A
> > Office 608 262 4067
> > Home 608 422 6089
> > Cell 608 381 0407
> >
> > "The heart of a fool is in his mouth, but the mouth of the wise
> man is
> > in his heart."
> > BENJAMIN FRANKLIN
> >
> >
> >
> > ----- Original Message -----
> > From: "Wilmot B. Valhmu" <[log in to unmask]>
> > Date: Thursday, September 15, 2005 12:54 pm
> > Subject: Re: MALAWI AGAIN!!
> >
> > > Peter,
> > >
> > > Before moving further, let me state for the record that I'm a
> > > Bingu fan. Having said that, let me also state that my admission
> > > should not be taken to mean that I'm necessarily biased.
> > >
> > > Again, this is what I know of the situation in Malawi: Bingu wa
> > > Mutharika was hand-picked by his predecessor to be the
> > > presidential candidate of the UDF Party. Inherent in that
> > > arrangement was the implication that Bingu would walk the party
> > > line. It is common knowledge that former president Bakili Muluzi
> > > believes that the party is greater than the administration
> > > ("government", as people are fond of saying in Malawi). Bingu and
> > > Mr. Muluzi have argued this back and forth, as press reports have
> > > borne out.
> > >
> > > Since Mr. Muluzi created for himself the position of party
> > > chairman in UDF upon his exit from government and has stated that
> > > the party is greater than the administration, it follows that he
> > > intended to rule Malawi by proxy. Thus, when his supposed devotee
> > > turned the table and put into place a strict policy against
> > > corruption, almost all hell broke loose. Former government
> > > officials who feared being caught in the dragnet became overnight
> > > critics of the administration.
> > >
> > > When Bingu distanced himself further from UDF and abandoned some
> > > of Muluzi's practices, he was warned by Muluzi that an
> > > administration cannot survive alienation from the party that
> > > brought it into power.
> > >
> > > If you care about sovereignty of the state, then you will agree
> > > that Bingu is right in asserting that the government is above the
> > > party and not the other way around. You will also agree that the
> > > president should render his constitutional duties without a puppet
> > > master in the background pulling strings.
> > >
> > > Therein lies the nexus of the current political struggles in
> Malawi.> >
> > > Again, I defer to Professor Makuluni and others who are more
> > > knowledgeable about Malawi than I am. Their input would be
> > > greatly appreciated.
> > >
> > > Take care,
> > >
> > > - Wilmot
> > >
> > >
> > > PETER W VAKUNTA <[log in to unmask]> wrote:
> > > ** Please visit our website: http://www.africanassociation.org **
> > >
> > > Thanks for your feedback Wilnot. If the president absconded
> from the
> > > party that catapulted him into the helm in Malawi, that in itself
> > > is a
> > > breach of trust. Again I go back to technicalities: What does the
> > > MALAWIAN constitution say on issues like these? What about the
> > > constitution of the ruling party? What are the stipulations in
> these> > documents? I know that some of our constitutions in
> Africa are not
> > > worthier that the sheets of paper on which they are writtten. BUT,
> > > there comes a time in the life of a nation when the truth has
> to be
> > > faced for better or for worse.
> > > Can any Malawian brother or sister unravel this conundrum, please.
> > > Have a good one!
> > >
> > > PETER W.VAKUNTA
> > > DEPARTMENT OF FRENCH AND ITALIAN
> > > UNIVERSITY OF WISCONSIN MADISON
> > > 602 VAN HISE HALL
> > > 1220 LINDEN DRIVE
> > > MADISON WI 53706-1525
> > > U.S.A
> > > Office 608 262 4067
> > > Home 608 422 6089
> > > Cell 608 381 0407
> > >
> > > "The heart of a fool is in his mouth, but the mouth of the wise
> > > man is
> > > in his heart."
> > > BENJAMIN FRANKLIN
> > >
> > >
> > >
> > > ----- Original Message -----
> > > From: "Wilmot B. Valhmu"
> > > Date: Thursday, September 15, 2005 10:49 am
> > > Subject: Re: MALAWI AGAIN!!
> > >
> > > > Peter,
> > > >
> > > > The little I know of Malawian politics indicates that the
> drive to
> > > > impeach President wa Mutharika hinges on the fact that he
> resigned> > > from the party that got him into office. Loyalists
> from that
> > > > party (the UDF) are fuming, thus the call for impeachment.
> > > >
> > > > While I was in Malawi, nobody could give me a very good
> reason for
> > > > some people's call for impeachment of the president. Mr.
> > > > Chakuamba's quoted statement that his party's MPs would join the
> > > > opposition in an effort to impeach the president may be
> based on
> > > > nothing more than party politics.
> > > >
> > > > Bingu has his faults, but I've not seen anything that
> amounts to
> > > > grounds for impeachment.
> > > >
> > > > Perhaps Professor Makuluni and others can enlighten us
> further on
> > > > this issue.
> > > >
> > > > Take care,
> > > >
> > > > - Wilmot
> > > >
> > > >
> > > > PETER W VAKUNTA wrote:
> > > > ** Please visit our website:
> http://www.africanassociation.org **
> > > >
> > > > If the Malawian constitution allows for the impeachment of an
> > > > incompetent head of state,why are they arresting this ex-
> > > minister for?
> > > > Africa is sick and tired of perennial presidents who are doing
> > > nothing> but ripping the populace of off!
> > > >
> > > > PETER W.VAKUNTA
> > > > DEPARTMENT OF FRENCH AND ITALIAN
> > > > UNIVERSITY OF WISCONSIN MADISON
> > > > 602 VAN HISE HALL
> > > > 1220 LINDEN DRIVE
> > > > MADISON WI 53706-1525
> > > > U.S.A
> > > > Office 608 262 4067
> > > > Home 608 422 6089
> > > > Cell 608 381 0407
> > > >
> > > > "The heart of a fool is in his mouth, but the mouth of the wise
> > > > man is
> > > > in his heart."
> > > > BENJAMIN FRANKLIN
> > > >
> > > >
> > > >
> > > > ----- Original Message -----
> > > > From: PETER W VAKUNTA
> > > > Date: Wednesday, September 14, 2005 6:47 pm
> > > > Subject: MALAWI AGAIN!!
> > > >
> > > > > ** Please visit our website:
> http://www.africanassociation.org **
> > > > >
> > > > > Sacked Malawi minister detained
> > > > >
> > > > > Chakuamba served a decade in jail for sedition under Banda
> > > > > Malawian politician Gwanda Chakuamba has been arrested
> > > following his
> > > > > sacking last week as a cabinet minister.
> > > > > He has been detained for questioning over a speech at the
> > > > weekend in
> > > > > which he predicted that the president would be out of
> office by
> > > > > Christmas.
> > > > >
> > > > > His party's MPs planned to join the opposition to impeach
> > > President> > Bingu wa Mutharika, he had warned.
> > > > >
> > > > > He was one of the main opposition candidates in last year's
> > > > elections> but joined a reconciliation government.
> > > > >
> > > > > The veteran politician was dismissed as agriculture
> minister and
> > > > > replaced by the transport deputy minister, Sidiq Mia last
> week.> > > >
> > > > > He has served more than a decade in jail for sedition under
> > > the late
> > > > > Malawian leader, Hastings Banda.
> > > > >
> > > > > Viva Nyimba, Mr Chakuamba's lawyer, said the charge was
> for a
> > > > > misdemeanour which he said carries a fine of up to $15.
> > > > >
> > > > > He described the arrest as political persecution because his
> > > > > client has
> > > > > been denied police bail for what he called "a minor offence".
> > > > >
> >
> === message truncated ===
>
>
>
>
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