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Law Commission Urges Parliament to Address Enforcement Abuse, Not Just Laws

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By Twink Jones Gadama

The Malawi Law Commission has emphasized the need for Parliament to focus on addressing the abuse of laws by law enforcement agencies, rather than just amending the laws themselves.

Commissioner Rosemary Kanyuka stressed that the country’s laws are not inherently problematic, but rather, it is their application that often leads to issues.

Speaking before the parliamentary Legal Affairs Committee, Kanyuka highlighted the example of vagrancy laws in the Penal Code, which have been deemed unconstitutional by the Constitutional Court in 2017.

Rosemary Kanyuka

She argued that the law itself is not flawed, but rather, its application by law enforcement agencies has been problematic.

Kanyuka emphasized the importance of understanding the laws and ensuring that both citizens and law enforcers abide by them.

She cautioned that the issue lies not with the laws, but with how they are applied, and urged for a focus on addressing this aspect.

The commission’s director of law reform, Mike Chinoko, added that the Malawi Law Commission had already conducted a comprehensive review of the Penal Code between 2000 and 2001, which tested the provisions against the Constitution.

He noted that the court’s declaration of the police’s actions as illegal was due to the manner in which the law was applied, rather than the law itself.

In response, Legal Affairs Committee chairperson Peter Dimba acknowledged the need to address the archaic laws, which he believed should have been dealt with in 1994.

He emphasized the committee’s commitment to respecting the court’s order and initiating consultations for the review of the vagrancy laws.

The call to address enforcement abuse comes as a crucial reminder of the need for a holistic approach to legal reform.

By focusing on both the laws and their application, Malawi can work towards creating a more just and equitable society.

As the Legal Affairs Committee moves forward with the review process, it is essential that they prioritize addressing the systemic issues that lead to enforcement abuse, rather than just amending the laws themselves.

TNM Plc boosts Umthetho Cultural Festival with K5 million donation

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By Chisomo Phiri

TNM Plc has made a significant contribution to this year’s Umthetho Cultural Festival, donating K5 million to support the annual celebration of Ngoni culture and traditions.

The event, set to take place on August 3, 2024, at Hora Mountain in Mzimba District, has drawn Ngoni people from three SADC countries: South Africa, Tanzania, and Zambia.

Sobhuza Ngwenya, TNM’s Marketing Director, expressed his pride in supporting the event, emphasizing the vital role of cultural diversity in fostering unity.

“As a truly Malawian company, we take pride in celebrating Malawi’s rich cultural diversity across tribes and ethnic groups.

“We are thrilled to support Umthetho’s mission to preserve Ngoni cultural heritage,” he said.

Ngwenya highlighted TNM’s commitment to empowering communities through connectivity and cultural exchange.

“Our donation demonstrates our dedication to promoting social economic development through culture, tourism, and peace,” he added.

Emma Kaliya, Chairperson of the organizing committee, expressed her gratitude for the donation.

“This generous contribution has given us a significant boost.

“We invite Ngonis and cultural enthusiasts to join us for a spectacular celebration featuring Ingoma dances, meat feasts, and traditional beer shindigs,” she said.

Retired Major General Buxton Titus Namwali to be laid to rest on Sunday

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By Chisomo Phiri

The nation will bid a final farewell to retired Malawi Defence Force (MDF) Major General Buxton Titus Namwali, whose body will be laid to rest on Sunday in Thyolo.

According to his son, Jeremy, the ceremony will take place at Phodogoma village, Traditional Authority(T/A) Ngolongoliwa.

The late Namwali

Major General Namwali, who passed away at the age of 84, left an indelible mark on Malawi’s history’s.

He was one of the pioneering four Malawian soldiers commissioned as officers in the army and led the daring rescue operation of a hijacked South African plane at Chileka in 1972.

This heroic act earned him a promotion from Brigadier to Major General by former president Dr. Hastings Kamuzu Banda.

Throughout his illustrious career, Major General Namwali served with distinction, holding various esteemed positions, including chair of the Commonwealth Ex-Service League of Malawi, board chair for Malawi Broadcasting Corporation (MBC), and security head at the Reserve Bank of Malawi(RBM) ,Electricity Supply Corporation of Malawi (ESCOM), and Auction Holdings, among others.

He retired in 1979, leaving behind a legacy of bravery, leadership, and dedication to his country.

PSPTF launches 2023 – 2027 strategic plan

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By Dean Chisambo

The Public Service Trust Fund has launched its strategic plan from 2023 to 2027 which outlines their aspirations and the goals that they want to do in the next five years.

In his sentiment during the launch on Thursday in Lilongwe PSPTF board chairman James Kumwenda said they have set some targets interms of investment priorities that they want to have and the  sector which they want to invest in.

He also disclosed that  there are some targets as far as distribution of benefits to the members and also members families saying in case they lose a member how quick they are supposed to do to those and how efficient they are supposed to be in the plan.

Kumwenda stated that interms of investment they are guided by the  investment policy and also directive from the regulator.

He said : ” we do not just invest anyhow, currently we are  mostly in financial markets, we have the securities, the government securities, the equities but we are also allowed to invest in property and any alternative investment.”

Kumwenda revealed that they have invested in Macademia farm along Mchinjo road ,  Ekwendeni farm in Mzimba and they are developing in multipurpose building in Blantyre which will be a hotel and multipurpose building.

Kumwenda said : ” there are various investments that we are doing in this plan, there are some of the investments that we want to increase their portfolios or others based on regulations from the regulator. We need to be within the exposure limit that the regulations allow us to be.”


He lamented that their investment strategies have not ensured the sustainability of the fund only but also delivered impressive returns that are and will continue to benefit their members and beneficiaries, through prudent management and strategic planning saying they have built a robust financial foundation that secures the future of our members and their beneficiaries.

Kumwenda added that other significant accomplishments have been fostering a culture of transparency and accountability they prioritise open communication and engagement with their members ensuring that they are well informed and confident in the management of their pension fund.

In his remarks deputy director of economic planning in the ministry of finance and economic affairs Adwell Zembele said pension is a framework which would want to ensure that the pensioners have a bright future.

He said:” the pension funds which they are investing in productive sectors of the economy to ensure that the pensioners when they will  going to retire in coming years have  invested their contributions.”

Zembele lamented that the government are facing a lot of  challenges especially in fiscal space which contribute to delays to pay the pensioners but they are committed to ensure that all the aliars are limited to the pension fund.

He urged the management and the board of PSFTF to remain vigilant because the public servants dedicated their lives to the service of the nation saying they deserve the assurance that their contributions to the pension fund will be managed prudently and ethically obligation towards members of the fund is not only legal but also moral.


Government initiated a pension scheme  in 2017 to make sure that pensioners should invest their funds.

Dowa Council app.reciates support from partners in development

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By Vincent Gunde

The Dowa District Council’s Director of Planning and Development Mercy Mpakule, says the council is appreciating the support it is getting from partners complimenting government efforts of delivering the social services in the district.

Mpakule said while the council is appreciating this development role by partners, there is a great need for partners and the Secretariat to sign a Memorandum of Understanding (MoU) saying this enhances transparency, cooperation and accountability of projects which are being implemented in the district.

Mercy Mpakule-The council appreciates support from partners.

She said it is sad that while partners are doing a commendable job of uplifting the lives of the Dowa people, many partners have not signed MoU with the council describing this as very retrogressive not only to the council but the communities they serve.

Speaking when she presented a Local Authority Performance Assessment (LAPA) to the District executive committee on Thursday, Mpakule said LAPA is conducted to determine whether or not the Local Authority has the fundamental capacities and safeguards to manage development grants.

Mpakule said LAPA provides fiscal incentives to improve Local Authority performance by rewarding good performance as well as penalizing poor performance in the performance areas of development planning and budgeting, procurement management, project implementation, improving access to information, and mobilization of locally generated revenues, among others.

She said in the 2022/2023 Financial Year, all the 28 Local Authorities passed the minimum access conditions in the LAPA, adhered to spending eligibly in compliance with the GESD project and DDF and also prepared and submitted annual financial statements for the previous year to the National Local Government Finance Committee.

The DPD said the Dowa District Council performed very well in procurement management where it maintained its 2022 score of 100 percent and dropped in the area of development planning and budgeting from 86 percent in 2022 to 60 percent in 2023.

“Improvement in Education Service Delivery moved from 20 percent in 2022 to 100 percent in 2023, we have to clap hands to ourselves, the council’s total average score is 84 percent making it the number one council in Malawi,” said Mpakule.

She has finally appealed to partners implementing their interventions in the district to support each other so that projects they are implementing in the district are done in the interest of all.

The Dowa District Council has over 35 Civil Society Organizations (CSOs) implementing various projects, most of these are concentrating in Dowa West which is a flat land than Dowa East which is hilly and has impassable roads.