MALAWI NEWS ONLINE #36 10/26/97 Via NY Transfer News Collective * All the News that Doesn't Fit MALAWI NEWS ONLINE/MALAWI NEWS ONLINE/MALAWI NEWS ONLINE Edition #36 26 October 1997 Subscribe to Malawi News Online A fortnightly update of news from Malawi! MALAWI NEWS ONLINE is written by Malawian journalists living in Malawi and brings you the news from their point of view. It is assembled and edited by Africa News Network, part of South Africa Contact, the former anti-apartheid movement in Denmark. MALAWI NEWS ONLINE joins our other individual newsletters from Angola, Zambia, Mozambique, Tanzania, South Africa and Zimbabwe, in providing up to date news through our established network of journalists in Southern Africa. These newsletters will be followed, in the very near future, by news updates from other countries in the region. MALAWI NEWS ONLINE is brought to you through a co-operation between Africa News Network and Inform, Denmark's leading alternative information network. In this edition: Feature: Court ruling shocks ministers When former parliamentarian and deputy minister, Fred Nseula, decided to repossess his lost parliamentary seat through a court of law, little did he know that his case would trigger off a bombshell. Nseula lost his seat for Mwanza North, south Malawi, in 1995 when speaker of the national assembly, Rodwell Munyenyembe, declared that he had crossed the floor and joined the opposition Malawi Congress Party. Nseula, who had then just been dropped as deputy cabinet minister in the UDF government, had campaigned alongside MCP in a by-election in central Malawi and MCP had also met his hotel and travel expenses. Unfortunately, Nseula did not have the full backing he wanted from the party to stand as its candidate in a by-election in Nkhota-kota, central Malawi. When the speaker declared his seat vacant, Nseula made a complete u-turn claiming that he had neither resigned from his United Democratic Front party nor had he crossed the floor. He then vowed to regain his seat through a court battle. However, when a High Court judge in Blantyre pronounced the verdict on the case recently, in which Nseula had lost, it was not Nseula, the loser, who cried foul, but the winners (the state). In what has been dubbed a landmark ruling in some circles, Justice Dunstan Mwaugnulu declared that Nseula had ceased to be an MP at the time he was appointed deputy minister in the government because the constitution does not allow people to hold two public offices. The ruling meant that 35 cabinet ministers who were also MPs had by the operation of law ceased to be MPs and were, therefore, holding the two public offices illegally. The ruling also meant that anyone could petition the High Court to declare that the 35 ministers also ceased to be parliamentarians the time they were appointed as cabinet members. The first person to cry foul over the ruling was attorney general, Cassim Chilumpha, who is also minister of justice. Chilumpha, who has earned the full baking of the president, accused the judge of sidetracking the main issue, that is, to prove whether the speaker was right in declaring that Nseula had crossed the floor or not and was instead concentrating on something else. Inspite of strong encouragement from government that he should appeal against the ruling, the biggest snub on the part of the government is the declaration by Nseula that he is satisfied with the court's ruling and will, therefore, not appeal. Chilumpha said the government would be making a statement in court, once the case goes back there. A number of people have aired their views on the issue, including the Law Society of Malawi which has fully thrown its weight behind the judge and criticised Chilumpha and Muluzi for their comments which the society said were a direct interference with the independence of the judiciary. The society, through its chairman, Sainet Jussab, has called on the government to respect the separation of powers between the executive and the judiciary. According to Jussab, Nseula has the last say on the case, and that nobody can force him to appeal if he does not want to do so. Surprisingly though, the High Court says it has received a file for an appeal for the case from Nseula's lawyer, Timothy Chirwa. Chirwa said he was instructed to file the appeal by his client, Nseula, soon after the judgement. Jussab, however, maintains Nseula has not appealed. Stories: Malawian College In Financial Crisis Malawi's premier university campus, Chancellor College, is facing financial problems due to underfunding by the central government, Radio Malawi has reported. The college's Principal, Manuel Fabiano told the radio the state-owned school needed K4 million (USD 235,000) a month to run smoothly but its account books only registered k1.8 million (USD 106,000) monthly. He said the college has had to ground its motor vehicles due to lack of funds to operate the fleet. Other services, such as regular maintenace of buildings and plumbing, have also suffered because of the tight budget, the principal added. Chancellor College with 1,600 students, is located in Zomba, Malawi's former colonial capital. It is the biggest among the five colleges which make-up the University of Malawi. The campus opened its doors to students in 1965 in Blantyre, 65 km south, in borrowed premises, before moving to the present campus in 1973. Mwaungulu motion worries lawyers Lawyers have decried a proposed motion in Parliament to remove High Court Judge Dunstain Mwaungulu on charges of incompetence. Mwaungulu stirred up controversy two weeks ago with his ruling in the Mwanza North case involving former MP Fred Nseula. The motion would lay a very bad precedent. It would compromise the independence of the Judiciary in this country, Malawi Law Society chairperson, Saineti Jussab, said yesterday. Jussab also brought attention to Section 119 of the Constitution, that a judge can only be removed if evidence of ''incompetence and misconduct'' against him has been established. He said the present circumstances do not call for impeachment because there was no evidence of misconduct or misbehaviour on the part of the judge. Jussab's remarks come in the wake of the proposed motion by Zomba Southwest MP Bernard Chisale (UDF), seeking Mwaungulu's removal. ''In terms of Section 119 subsections 2, 3 and 4 of the Constitution of the Republic of Malawi it is hereby moved that Justice Dunstain Mwaungulu be removed from his position as judge of the High Court of Malawi for gross incompetence in adjudicating matters which are presented before him,'' reads in part a notice of Chisale's motion published in the UDFNews yesterday. However, Deputy Clerk of Parliament Fahad Assani could not be drawn into commenting on the issue yesterday. He said it would be too early for him to comment as the Clerk's office has not received notice of Chisale's motion. The Law Society also pointed out that, if moved, the motion can only be carried by the majority of votes from all MPs in the National Assembly i.e. both government and opposition. Jussab further explained that procedure also requires the President to consult the Judicial Service Commission before endorsing a judges removal. ''The idea is to ensure that judges are not removed anyhow,'' he said. Meanwhile, Mwaungulu has challenged Chisale to go ahead with his move. ''Firstly, we have to appreciate that we are two different people doing two different things. It's exciting. It will be an honour for me to address the House. I give him [Chisale] the green-light to move the motion,'' said Mwaungulu in an interview yesterday. Mwaungulu bragged that it was ''good to be in history and do things which shake and shape the society's thinking'', noting that the Constitution of Malawi develops as problems arise. He also dismissed opinions in some schools of thought that the judges should have brought to the attention of the president, Section 88(3) when he was appointing MPs into cabinet. ''Why should the judges advise the government when the Attorney General is there as government's principal legal advisor? We do not seat in an advisory capacity to government, we only speak by virtue of our positions when cases are brought before us,'' said Mwaungulu. Nurses summon boss Government nurses in Blantyre City have defied a summons by controller of nursing services to have their four colleagues travel to health ministry headquarters, for writing on their grievances directly to President Bakili Muluzi. At a meeting to discuss the controllers summons, which was attended by over 30 nurses at Queen Elizabeth Central Hospital (QECH) recently, the nurses resolved that controller Lillian Ng'oma should travel to Blantyre instead to meet all nurses. They said it was wrong for Ng'oma to summon only four nurses: Charity Gladston, Taonga Kaonga, Grace Kainga, and Mrs. Chirombo, who signed the letter because they were doing it on behalf of their colleagues. ''We cannot let them go to Lilongwe. Let the controller come here. The letter was written on behalf of us all,'' they resolved. In their letter to the president, dated August, 27, 1997, the nurses lamented that their working conditions, saying they were understaffed and lacked incentives. A Malawian nurse is lowly paid to meet today''s economic hardships. Most of us are single mothers, widowed and responsible for big families,'' reads the letter. A nurse's house allowance, they say, is K165 (US$10) which is included in the K1,000 monthly salary. Many nurses have served for over 20 years without being promoted and this creates a bleak picture for upcoming nurses who perceive the career as of low grade, they said. They said understaffing has pushed nurse-to-patient ratio to 1:60. Nurses also work longer hours than expected, clocking 15.5 hours on one night shift which runs for three days per turn with every nurse attending three turns per month. ''Our work exposes us to high risk of contracting infectious diseases including Aids, yet we lack basic protective wear and working utensils. This Sir, subjects us to psychological, physical and social stress which result into brain drain,'' they said. Malawi Congress of Trade Unions (MCTU) president Ken Williams Mhango, who was invited to the meeting, said there were some individuals in the ministry who were frustrating Muluzi's efforts to improve the welfare of nurses in the country. ''The state president did a very good thing by giving the letter to the officials but they have mishandled the whole issue,'' Mhango said. The meeting also resolved unless something is done, the nurses should not stop writing the president. MCP not sorry MCP President Gwanda Chakuamba has vowed the party will never apologise to Malawians for the Mwanza accident for which some of his topnotch party colleagues were tried and acquitted in 1995. Chakuamba was speaking at a rally at Nyambadwe Primary School ground in the populous Ndirande township on Monday. ''As long as I am MCP president, even if you (Ndirande residents) throw stones at me, the party will not apologise for the courts did not convict it of the Mwanza case,'' said Chakuamba, breaking a long silence on the matter. Chakuamba accused President Bakili Muluzi and his number two, Justin Malewezi, of having failed to run the country. He also attacked the president for his comments on the recent High Court ruling in the case of former Mwanza North MP Fred Nseula case. ''The president would do better if he kept quiet. His remarks showed his lack of respect for the rule of law,'' he charged. Chakuamba said his party was regaining popularity, claiming there was mass defection of youths from UDF to MCP during his rallies at Namwera and Monkeybay in Mangochi district. In his remarks, Tembo accused the government of a lack of vision which he said was to blame for the shortage of maize the country is now experiencing. ''I said in Parliament the government had to import fertilizer for farmers but it did not heed my suggestion. That time the government would spend K500 million unlike today when it will spend over K900 million to import maize,> he claimed. The rally was also attended by several MCP executive members, Aford members who donned their party badges and Aford legal adviser Bazuka Mhango. This was the first time Chakuamba and Tembo addressed a joint rally in Blantyre since their election to the top executive slots. UDF cashes in on maize shortage, Independent parliamentarian, Rolf Patel, on October 19 accused the ruling United Democratic Front government for making capital gains on the country's maize shortage by buying the produce in bulk and from whereevr it is for resale at exorbitant prices to boost its 1999 general elections campaign funds. Patel, who made a similar statement in parliament on October 16 contended that he has evidence to prove his allegation against the UDF. Some of his supporters in Thyolo district south Malawi who are businessmen have been given money by the UDF to go on a maize buying spree and have it resold to consumers at higher orices in order to boost the party's campaign funds, he alleged. He was reacting to reports that he was working in league with Chiradzulu West MP Ken Magalasi who last week walked out on agriculture and irrigation minister Aleke Banda after calling him a liar for allegedly telling the president wrong information on the position of maize in the country. Patel said he works with anybody who is concerned with the welfare of the people like Magalasi. ''Of course I followed him because I wanted to congratulate him for what he said,'' said Patel. Magalasi whose private members motion proposed that the house should devise mechanisms for Admarc to stop the export of maize from the country was shot down by both the government and opposition MPs because it was said to be misconceived. Meanwhile UDF secretary general Sam Mpasu has said the party will not summon Magalasi for the unsavoury remarks he made to Aleke Banda who is also vice president of the party. Mpasu said that what Magalasi said in parlaiment can not warrant him any summon from the party because the MP wasa merely using his privilege to say whatever he has to say what he wants to say in the house. Mapsu while admitting the issue of shortage of maize in the country was of great concern to everybody, and therefore had to be taken seriouly, echoed his fellow cabinte minister that Magalasi's motion was misconceived. He said he was also not aware if Magalasi was working with Patel. ******************************************* MALAWI NEWS ONLINE/MALAWI NEWS ONLINE/MALAWI NEWS ONLINE A fortnightly update of news from Malawi If you would like to receive more information about MALAWI NEWS ONLINE, or about our other newsletters or upcoming newsletters, please send an E-mail to: AfricaNN@inform-bbs.dk If you know of anyone else who might be interested in subscribing to Malawi News Online, please let us know and tell them about us! Letters to the editor can be sent to: editor@inform-bbs.dk (Mary Tingay) Fax: + 45 31 35 43 32 Phone: + 45 31 35 96 32 For a one year subscription: Students US$17 Pounds Sterling 11 DKK99 Individuals US$22 Pounds Sterling 14 DKK128 Institutions US$42 Pounds Sterling 26 DKK244 Fax and mail costs available on request. Subscriptions can be paid by credit card (VISA, American Express, MasterCard, JCB, Eurocard, Dankort), bank transfer or international cheque. 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