** 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 (legislature
and 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 parliament
or 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 those
who 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 before
last 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 Bakili
Muluzi, with whom he had run for executive office; but it did not affect
Malewezi's standing as vice president of the republic. Unlike the South
African 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 does
not 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 announced
last 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 person
who 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 political
parties 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 lays
charges 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" seriously
and 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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