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Has President Chakwera Delivered His Hi-5 ?


By Burnett Munthali

Malawians are analyzing and discussing Professor Arthur Peter Mutharika and the incumbent President Reverend Lazarus Chakwera and his government everyday out there as campaign period gets close. This article takes us back to the campaign period in 2019 tripartite and 2020 fresh presidential elections respectively and sightly peeping through into the coming election year 2025.

Chakwera’s Hi-5

First, President Reverend Lazarus Chakwera promised servant leadership. You are a servant leader when you focus on the needs of others before you consider your own. It’s a longer-term approach to leadership, rather than a technique that you can adopt in specific situations. Therefore, you can use it with other leadership styles such as Transformational Leadership. Servant leadership also aims to develop leadership qualities in others. This leadership style requires an individual to demonstrate characteristics such as empathy, listening, stewardship, and commitment to the personal growth of others.


Secondly, Chakwera promised to unite Malawians. There are several factors that can unite people, including shared values, common goals, and mutual experiences. For example, a shared cultural heritage can unite people, as it provides a common identity and a sense of belonging. Uniting a divided people can be a complex and challenging task, but there are several strategies that can help. Here are a few suggestions: Foster open communication: Encourage all members of the group to listen to each other’s perspectives and concerns, and create a safe space for open and respectful dialogue. If we don’t unite, if we don’t learn how to mutually, consciously, purposefully integrate within Humanity in order to integrate into Nature through similarity of form, we won’t survive as we remain incompatible with Nature’s “iron laws” that sustain the balance and homeostasis life depends on. Some of the areas that unite us such as dance, food, art and music, bring us together in harmony. Many are celebrations of life with the power to unite. Collective interests, hobbies and leisure pursuits are good examples of ways people pull together within likeminded fields.

President Reverend Lazarus Chakwera, has he delivered to the expectations of Malawians?

Thirdly, the President said he would ensure that Malawians are going to prosper together under his government. Prospering Together. There are many firsts with Reverend. Lazarus Chakwera, the President of the Republic of Malawi. In his HI-5 Agenda, the ‘P’ is for “Prospering Together”, meaning that not only a small section of Malawians should prosper, but everyone. Never before have we seen a statutory corporation calling for separate bids in equal measure, from the micro, small and medium enterprises (MSMEs), the youths, women and the disabled. When someone is prospering, it means being successful or fortunate to be successful or fortunate, especially in financial respects; thrive; flourish. President Reverend Lazarus Chakwera wanted Malawians to be or become successful, especially financially: Lots of microchip manufacturing companies were mentioned that they would be established at that time.


Fourthly, Chakwera spoke strongly about ending corruption in Malawi. To end corruption, we promote transparency, accountability and integrity at all levels and across all sectors of society. A lot more can be done to fight corruption in this country. Where do we start? Expose corrupt activities and risks. Keep the public sector honest, transparent and accountable. Stop dishonest practices. Ensure public sector employees act in the public interest. Undetected and unchecked corruption in the public sector can cause serious damage including: undermining public trust in government. Wasting public resources and money. Causing injustice through advantaging some at the expense of others.


Fifth, Lazarus Chakwera preached that there would be rule of law under his government. The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as “no one is above the law”.


The 1994 Malawian Constitution is unique in that it, among other things, recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi’s administrative law, which was hitherto based on the common law inherited from Britain. This article highlights the difficulties that Malawian courts have faced in reconciling the right to administrative justice as protected under the new constitution with the common law. In doing so, it offers some insights into what the constitutionalization of administrative justice means for Malawian administrative law. It is argued that the constitution has altered the basis and grounds for judicial review so fundamentally that the Malawian legal system’s marriage to the English common law can be regarded as having irretrievably broken down as far as administrative law is concerned.


*Section 43 -* of the constitution provides: “Every person shall have the right to: (a) lawful and procedurally fair administrative action, which is justifiable in relation to reasons given where his or her rights, freedoms, legitimate expectations or interests are affected or threatened.


2025 Elections

Malawians will decide again who should be their next President in 2025. Already, a tough contest is predicted between the opposition Democratic Progressive Party and the ruling Malawi Congress Party and it appears that it will be Professor Arthur Peter Mutharika versus President Reverend Lazarus Chakwera. Is APM going to win in the coming election or has Chakwera delivered his promises to retain government ? The voters will decide.

The Malawi Electoral Commission (MEC) and the National Registration Bureau (NRB) in July 2023 signed a Memorandum of Understanding (MOU) to solidify their partnership at a ceremony held at the Ministry of Homeland Security Boardroom in Lilongwe.The MOU marked the second of its kind, reinforcing the relationship between the two institutions as the country prepares for the upcoming General Election scheduled for 16th September 2025.

Will Peter Mutharika win in 2025?
Malawians voting in 2020

Salima-Lilongwe water project to roll out February

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By Fostina Mkandawire

The Ministry of Water and Sanitation on Friday revealed that construction of the Salima-Lilongwe water supply project is set to commence in February.

Speaking during a district executive committee meeting in Salima, Principal Secretary for Water and Sanitation in the ministry, Elias Chimlambe, underscored the importance of the project to the people of Salima, Dowa and Lilongwe, further describing it as a huge milestone in solving water challenges.

Mwenda and Chimlambe



Chimlambe echoed the importance of soliciting views from district stakeholders because they are going to be involved in the implementation process, adding that they will incorporate the suggestions and views into the project plan.

“This project has stalled for close to six years; therefore, to finally have it rolling will be a huge step in ensuring that water supply to the people of Salima and surrounding areas is efficient and reliable,” he said.

Chief Executive Officer for the Salima-Lilongwe Water Supply Company, which is implementing the project, Valentine Kaupa, said unlike in the past where the initial plan of the project was to supply water to Lilongwe City, currently the plan has been extended to people of Dowa and Salima.

According to Kaupa, the project budget has been pegged at over K500 billion (US$315,000,000), adding that 30 percent will be funded by the government and 70 percent from private institutions.

He said the water pumped from Lake Malawi will be treated at three designated areas, namely Lifuwu, Katengeza, Mvera and lastly at Kanengo before being distributed to residents.

While commending authorities for the progress being made on the project, District Commissioner for Salima, James Mwenda, has called for strong collaboration between council officials and the implementers of the project.

He however commended the steps taken so far of engaging council officials and district stakeholders, describing it as strides in the right direction.

“Salima people will jealously guard this project because it will solve some of the social economic problems faced by the district. As you are embarking on this project, please also take into consideration some corporate social responsibilities because the district is facing different challenges,” he said.

The project, which will improve water supply, is expected to be officially launched by President Lazarus Chakwera in February in Salima.

Dalitso Kabambe threatens Malata with Court action

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By Durrell Namasani

The Senior Member of Democratic Progressive Party and Former Reserve Bank Governor Dalitso Kabambe has threated that he will take party member Billy Malata to court

In a letter from Silungwe Consultants, Kabambe has give Malata 24 hours to retract and apologise for a post on WhatsApp or risk facing legal action. Kabambe has claimed that finds Malata’s post defamatory.

Kabambe


In the post, Malata is alleging that Kabambe sponsored him to engage in “dirty moves” fighting against DPP president Professor Peter Mutharika.

Malata has acknowledged seeing the letter on social media but it’s yet to officially reach him. He is adamant that he will make a decision on what to do next and on whether to engage his lawyers. Malata refused to say whether he is ready to apologise

Until recently when Former President Peter Mutharika declared that he will stand again, Kabambe was one of the front runners in the leadership of DPP. Many people still believe Mutharika is paving the way for Kabambe to take over the party

Has The Long And Twisting Road in DPP Finally Come To An End?

By Burnett Munthali

The Democratic Progressive Party (DPP) is no longer obligated by any courts in the country to conduct an elective convention, as ruled by Judge Simeon Mdeza of the High Court registry in Lilongwe on Friday 12, 2024. This implies that the DPP is now at liberty to hold an elective convention at any time it deems fit without any implications of contempt of court. Volume 9 at paragraph 52. Paragraph 52 states that it is a civil contempt of Court to refuse or neglect to do an act required by a judgment or order of the Court within the time specified in the judgment or order, or, to disobey a judgment or order requiring a person to abstain from doing a specified act.

Judge Mdeza issued an order suspending the enforcement of his judgement made on September 29, 2023, and consequently, the order to hold a convention as determined by the courts has been suspended. Suspended judgment is a cognitive process and a rational state of mind in which one withholds judgments, particularly on the drawing of moral or ethical conclusions. The opposite of suspension of judgment is premature judgement, usually shortened to prejudice. While prejudgment involves drawing a conclusion or making a judgment before having the information relevant to such a judgment, suspension of judgment involves waiting for all the facts before making a decision.


By suspending the September 29, 2023 judgement, it simply means that Judge Mdeza’s judgement has been cancelled. In other words, the point at which things are today is the same as if the said judgement was not made and never existed before. To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.


Lawyer Cassius Chidothe, who was absent from court, states that he acted in accordance with the instructions from his clients, indicating that the claimants are no longer interested in further litigation. Civil litigation can be broken into three main phases: pre-trial, trial, and post-trial. Each of these phases has certain tasks that must be completed in order to protect the rights of everyone involved in the lawsuit.


I have always argued that political parties must not be controlled by any courts in the country to conduct an elective convention. It’s it’s therefore interesting to now that the recent judgement ruled by Judge Simeon Mdeza of the High Court registry in Lilongwe on Friday 12 January 2024 says exactly just that. Delegates go to the national convention to vote to confirm their choice of candidates. But if no candidate gets the majority of a party’s delegates during the primaries and caucuses, convention delegates choose the nominee. This happens through additional rounds of voting.


A constitution is important because it ensures that those who make decisions on behalf of the public fairly represent public opinion. It also sets out the ways in which those who exercise power may be held accountable to the people they serve. You must submit your party’s constitution as part of your application to register a political party. Citizens seriously want a united opposition as elections are fast approaching just as they would also like to see a government of their choice which can deliver. A serious political battle is anticipated between Democratic Progressive Party and Malawi Congress Party as the two major heavy weights which command the largest following.


Political parties must have a written constitution that sets out the structure and organisation of their party. This sets out the arrangements for their party’s governance and the rules for carrying out their business. The constitution must show that the party can comply with the Political Parties, Elections and Referendums – nothing in it should contradict legal requirements. It is therefore exciting to note that that at the very end of long and boring legal battles in the opposition DPP, the Malawi judiciary finally ruled a case in which some members were advised to respect their own party constitutions and structures in order to solve their political opinions and differences.


*_Malawi Political Parties_* *_(Registration and Regulation) Act_*

_*5. Application for registration*_


_(2) An application for registration shall be signed by the office bearers of the political party and shall_

_(a) specify the name of the party; and_
_(b) be accompanied by—_
_(i) two copies of the constitution, rules and manifesto of the party, duly certified by the leader of the party;_
_(ii) the particulars of the registered office of the party;_
_(iii) a list giving the names and addresses of the leader and other office bearers of the party;_

Luthando Holdings , Stansfield Motors infight takes a new twist

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By Linda Kwanjana

Luthando Holdings fights against well-established motor vehicle service provider, Paramount Holdings has taken a new twist where the later has used Stansfield Motors limited name with a bogus address to obtain an injunction stopping Yamaha Motor corporation from awarding sole dealership of Yamaha to Paramount Holdings.

This has been revealed when different lawyers with default judgements against disbanded Stansfield Motors frocked the High Court to learn on the physical address of Stansfield Motors as presented to the High Court. It has been learnt that Luthando Holdings filed for the injunction using a bogus address for Stansfield Motors limited that ceased to exist in 2019.

Stansfield Motors was declared bankrupt for failing to pay bank loans of MK5 billion, consequently being closed and disbanded. Currently, former Stansfield Motors workers are in court claiming their dues.
The truth of the matter is that Hendrix Laher is the one who went to Fiscal Police in 2021 to lounge a complaint that Paramount Holdings were using fake dealership manufacturer authorisation a case Paramount is answering right now in court despite the fact that Luthando Holdings has been using a fake Yamaha dealership authorisation up to date.

The claims are not true as PHL is certified as sole Yamaha products distributors. Surprisingly, Hendrix Laher was arrested in 2017 for allegedly aiding and obtaining Malawian citizenship illegally. Unfortunately, the Anti-Corruption Bureau (ACB) is still seating on Laher’s case. But after speaking with Yamaha Corporation Southern Africa representative, he said the Company knows everything about Luthando Holdings’ claims and that are surprised that Luthando is showing the interest of the dealership when he has been fighting the same brand throughout.

This is testified in a desperate attempt in 2022 when Hendrix Laher wrote letters to Attorney General complaining about Paramount Holdings and asked the office to black list the organization so that it should be stopped from selling Yamaha and a copy was sent to Yamaha Corporation.

This did not yield apart cooking propaganda against Paramount Holdings that even court summons on matter have no basis. Luthando Holdings and its partners are bitter with the recent pronunciation of Japanese leading automobile manufacturer Yamaha Motors company by certifying PHL as a sole importer and seller of Yamaha products for Malawi. A letter of authorization between Yahama and PHL signed by Ryuji Kuwano, Yamaha’s Group Manager for Africa Market Development Division and Overseas Market Development Operation Business Unit says the agreement is effective from November 2022

According to the agreement, the listed products for the Malawi market include Yamaha motorcycles, outboard motors, water pump generators, spare parts, and others.
“Whereas YAMAHA MOTOR CO, LTD, who are official manufacturers of Yamaha products, having factories at 2500, Shingai, Iwata, Shizuoka, 438-8501, Japan, do hereby confirm that Paramount Holdings Limited, a private corporation having its principal place of business at P.O. BOX2736, Lilongwe, Malawi, is our officially appointed importer for the Yamaha Motorcycles, Outboard motors, Water pumps Generators, and spare parts for the territory of Malawi, under the terms and conditions of the agreement made between us and them on November 1, 2022”, reads part of agreement letter signed by Kuwano and which PHL has published in a local newspaper.

Before Yamaha Motors Corporation certifies any local firm for dealership, there is a vigorous process of accessing their capacities with due diligence. In this regard, Luthando Holdings and its associates failed to meet the conditions. Eventually, Yamaha Motors Corporation is an international firm certified PHL as a legit Yamaha products distributor, importer, and seller. So, with Yamaha Motors certification on PHL as sole sellers and importer for Yahama products to Malawi, what’s the basis of dragging the legit firm to court?

Luthando and its partners are jealousy and bitter with PHL that their plans of using fake and non-existence Yamaha authorities will not yield anything. Luthando has never slept over PHL success by winning government contracts due to its capacity of delivery.