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President Chakwera’s efforts to promote Small Enterprises receive BIBN Applause

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By Chikumbutso Mtumodzi

Small businesses are the engines of Malawi’s economic progress and that they are the glue, and the heart and soul of communities across the country. President Lazarus Chakwera is removing all barriers preventing Malawian small businesses from meaningful growth, including access to finance. The National Economic Empowerment Fund (NEEF) has already disbursed loans to close to 4000 groups, of 10 or more women and youths each, across the country.

The Public Procurement and Disposal of Assets Authority (PPDA) is implementing a provision for government and its agencies to give preference to indigenous businesses, particularly SMEs, when awarding government business contracts. On March 28, 2021, President Chakwera issued a directive on public procurement to support local suppliers, in compliance with the Micro, Small and Medium Enterprises (MSME) Order 2020. All Controlling Officers of Government Ministries, Departments and Agencies, as well as District Commissioners and Chief Executives of City Councils have been ordered to implement the MSME Order with immediate effect, by buying from local MSMEs and marginalized groups (the youth, women and people living with disabilities).

Controlling Officers were directed to prioritize procurement of locally made goods, services and works in the spirit of the Buy Malawi Strategy.

BLACK INDIGENOUS BUSINESS NETWORK

The Black Indigenous Business Network (BIBN) has applauded President Chakwera’s efforts to help local small businesses to grow and contribute meaningfully to the social and economic development of the country.

BIBN, which was established in 2020, is a networking group for black indigenous Malawians engaged in business, from the single business owner to the corporate executive. It is a non-profit organisation that aims to support black indigenous Malawians to become self-reliant and act as a bridge between black indigenous business people and the government in a public-private dialogue approach to deal with and manage business constraints. Such dialogue would be pursued at local government, agriculture, education, health, tourism, trade, industry and, commerce sector levels, among others.

BIBN intends to promote and protect the interests of small businesses owned by indigenous Malawians by, among others, facilitating access to loans, loan guarantees and training and capacity-building for entrepreneurs to grow their business.
Many potential, or operating entrepreneurs, lack the knowledge, skill, contacts, or network connections that are useful in starting, managing, and developing businesses.

BIBN membership is open to all business and professional black indigenous Malawians, whether self-employed or employed, “who desire to promote Malawians’ advancement in the business world and who support the objectives, rules and code of ethics and fulfil the membership criteria of BIBN”. Chairperson and Founder Kettie Kamwangala is all praises for President Chakwera and his Malawi Congress Party (MCP) administration for creating an enabling business environment for small local entrepreneurs since coming to power in 2020.

President Chakwera

BUSINESS CHALLENGES, INTERVENTIONS

Nothing can hold a business back like the problems of financing, yes, money. This problem impacts heavily on small businesses, which when one larger supplier fails to pay on time, the business can hardly pay its employees and meet other important bills to survive. However, Kamwangala is excited that President Chakwera and his administration are seriously creating an environment where small and medium-sized enterprises have access to finance. NEEF is empowering Malawians, economically, especially the youth and women, through job creation; enhancement of entrepreneurial activities; and support agricultural productivity and value addition.

As stated earlier, NEEF has already disbursed loans across the country in accordance with its new policies and procedures. NEEF has also recruited more loan officers to enhance outreach to more clients.

PAYMENT OF GOVERNMENT ARREARS

The Chakwera administration has also paid arrears, which the previous government owed the private sector, some of them dating as far back as 2015, in a move to support the private sector and small businesses, in particular. The Auditor General audited the arrears and the Ministry of Finance cleared the audited arrears through issuance of Promissory Notes for amounts in excess of K100 million while amounts of less than K100 million are being cleared through the budget.

The decision to clear these longstanding arrears was made in an effort to support the business community, through an injection of the much needed liquidity into the economy, especially in the light of the Covid-19 pandemic.

CONCLUSION

Hitherto, Malawi did not have a business friendly and enabling environment but a business ‘disabling’ environment. Business formalization processes were difficult, time consuming, and costly.

The regulatory burden that entrepreneurs faced was so great that many entrepreneurs, considering costs and benefits, preferred to remain informal. Small entrepreneurs faced serious difficulties in obtaining financing, which President Chakwera and his administration are seriously addressing.

Under the previous administrations, there was widespread corruption that preyed on businesses. President Chakwera is also seriously addressing this matter by, among others, ensuring institutional capacitation for investigation and law enforcing agencies like the Anti-Corruption Bureau (ACB).

Under the previous President Mutharika regime, the independence of the ACB was seriously compromised where clear cases of graft involving ruling party politicians were systematically skirted around whilst the bureau kept snapping at smaller cases involving smaller mortals. Today, the story is different. The ACB has now grown teeth and it is biting without regard to people’s financial or political status. There are no sacred cows. The case in point is the conviction and sentencing to nine (9) years imprisonment with hard labour (IHL) of business tycoon and DPP financier, Dr Thomson Mpinganjira by Justice Dorothy De Gabrielle on Tuesday, 5 October, 2021.

Before President Lazarus Chakwera stormed onto the scene as Malawi’s fifth Head of State, ACB officers who showed bravery and stamina to go after the big corrupt fat cats of the regime were systematically silenced or even murdered.
The gruesome murder of a Senior Officer at ACB, Issa Njaunju comes to mind. Njaunju was killed in July 2015 allegedly over a cases involving a senior State House official.

These are just but the many examples to sum up how the independence of oversight and prosecutorial institutions like ACB were choked by the system and failed to discharge their duties.

Corruption has a serious bearing on the growth of businesses, especially small enterprises. Kettie Kamwangala says that in business, corruption affects licencing, award of contracts and lawsuits, among others. Oftentimes, some businesses survive not because of quality but expediency. She commends President Chakwera for his efforts to root out corruption in Malawi by, among other things, also creating a conducive environment for the justice system in Malawi. President Chakwera is indeed walking the talk when he said he would ensure transparency and the independence of governance institutions like ACB.

Court slaps Business tycoon Thom Mpinganjira with 9 years jail sentence after conviction

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By Kondanani Chilimunthaka

One of Malawi’s business tycoons, Thom Mpinganjira has been sentenced to 9 years imprisonment with hard labour in the morning of October 5, 2021 for being found guilty on 2 counts which both are related to attempt bribery to the 5 Constitutional Judges who presided over the Presidential Election Case number 1 of 2019.

It is alleged that Mpinganjira who was the Chief Executive Officer for FDH bank by then, wanted to bribe the judges to favor the former President Peter Mutharika and his party (DPP) in ruling, an offer which was turned down by the judges leading to investigation by the Anti-Corruption Bureau and subsequently his arrest.

Making her ruling over the cases, after having submissions from lawyers representing the convict and those of the State, Judge Dorothy De Gabriel told the court that according to part 4 of Corrupt Practices Act to which Mpinganjira has been found guilty, one is punishable by a term of 12 years imprisonment, adding that Section 34 of the Corrupt Practices Act under part 4 states that: *”Any person who is guilty of any offence under this part, shall be liable to imprisonment for a term of 12 years.”

Thom Mpinganjira, to serve 9 years



Judge De Gabriel continued by saying that in statutory interpretation, the sentence that is normally indicated in the law is normally treated as the maximum sentence available for a sentence in Court.

“The sentence in Court imposes the sentence in its discretion within that maximum sentence, although the imposition of full maximum sentence remains open to the sentence in Court. However it is understood that the imposition of maximum sentence is reserved for the worst offender.. “, read part of the Judge’s sentence in the Court.

Quoting references from a case study narrated in her ruling, Judge De Gabriel said the Court subscribes to the words of the Judge in the referral case and that regardless of the convict’s uprightness and despite being the first offender, his actions showed a desperate conduct coupled with impunity to consider one as being above the law and use of power, influence and wealth which shows that there was a high likelihood that he may do it again.

She said the offence committed by Mpinganjira is a serious one. After reading the ruling, De Gabriel told the Court that the Convict was adamant to succeed in his actions without any consideration of consequences of his actions. She then passed a sentence of 9 years on the first offence and 9 years on the fourth count with hard labour, but said the two sentences will run concurrently since they were committed in one transaction.

DPP Spokesman Namalomba in conflict of interest, Must Choose between Party and PAC

By Chikumbutso Mtumodzi

Shadric Namalomba is Chairperson for the Parliament’s Public Accounts Committee (PAC). He was recently appointed as opposition Democratic Progressive Party (DPP) Director of Publicity. In an apparent case of overzealousness, Namalomba has issued a statement “warning” the Anti-Corruption Bureau (ACB) against investigating or arresting the former Head of State and DPP President Peter Mutharika.

Namalomba is wearing two hats, one as Spokesperson for the DPP and, two, as Chairperson of PAC. The million-dollar question is which hat is subservient to the other? The best thing he should have done is to avoid issuing that statement because as Chairperson of PAC, his primary responsibility is to investigate wrong-doing by public officers, both past and present, including presidents.

Namalomba should not be seen to turn around and start condemning the very things that he upholds when he is wearing the other PAC hat. In a DPP statement dated 2 October, 2021, Namalomba warns the ACB against “harassing the former President by abusing its powers and legal processes”

Namalomba


Without delving into the nitty-gritty of the statement, it must be said that Namalomba has over-stepped his mark and that his action is clearly a case of conflict of interest. As Chairperson of PAC, Namalomba should have been the first to realize that the ACB, which was created by an Act of Parliament to investigate, indict and prosecute corruption cases, cannot be gagged in any way.

The parliamentary Public Accounts Committee whose Chairperson is Namalomba himself is similarly responsible for holding duty-bearers accountable for their actions pertaining to public finances. PAC ascertains whether or not the money approved under the national budget has been used within the scope of demand.

It is therefore surprising that Namalomba should be questioning ACB’s decision to investigate the former President based on the facts that there was importation of 1 million bags of cement duty-free worth over K5 billion using his duty-free status. Former security aide to former President Mutharika, Paulosi Norman Chisale, former State House Director of Residences Peter Mukhito and former Malawi Revenue Authority (MRA) Deputy Director General, Loza Mbilizi were arrested in connection with this matter.

Peter Mutharika’s Personal Tax Identification Number (TPIN) was involved in that deal. It is common sense that the owner of the TPIN should be questioned as well. What could be illegal about that? Where is persecution or harassment in this instance?

As stated above, the ACB was created by an Act of Parliament. By investigating Peter Mutharika, the Bureau is only carrying out its legal mandate for which it was created. The issue of harassment or political persecution is neither here nor there.

Under the Malawi Constitution, no one, not even the former President, is above the law. Peter Mutharika may have enjoyed some immunity when he was President of the Republic. He is no longer President of the Republic and therefore no longer immune. No-one can stop the law from applying to him or members of his family.

From a political point of view, Namalomba may have the freedom to say what he has said but from a legal point of view, his statement does not have any basis. Mutharika is not immune from prosecution. If the ACB sees that there are some areas, which need to be looked into as regards his use or abuse of TPIN, Namalomba cannot prevent that process from taking place just because Peter Mutharika is a former President.

Namalomba’s statement is a clear interference with the justice system because what he is implying is that despite that there is reasonable evidence of the law having been broken by the former President, Namalomba and his party want to use political means or public opinion to prevent the law from taking its course. That is purely a case of obstructing justice.

Police net 11 over chieftaincy wrangles

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By Emmanuel Moyo

Police in Karonga have arrested 11 people for allegedly damaging houses over chieftaincy wrangles at Kalongolera village in the district.

It is reported that, the eleven have been on the run after maliciously damaging the houses of Godfrey Kalongolera on July 27, 2020.

Police Public Relations Officer Enock Livasoni

The Police have identified the eleven as Wakisa Mwaseba, 54, Joja Mwaungulu, 40, Rebson Mwaseba, 53, Sailesi Mwaseba, 25, Baleke Mwafongo, 52, Justice Mwambyaye, 19, Ambwene Kitembiole, 43, Lughano Mwakalinga, 47, Ambakishe Mwandundu, 41, Miba Mwaipopo, 51 and Ngabine Mwaipaya, 39. They all hail from Kalongolera village, Traditional Authority Kilupula in Karonga District.
“The eleven have been charged with the offence of malicious damage. They will appear before the court of law soon.” Enock Livasoni, Karonga Public Relations Officer said.

Meanwhile, the Police in the district are appealing to members of the general public to refrain from taking the law into their own hands, once found, they will be arrested and prosecuted.

Prophet Bushiri Helps Fatsani Movie Promotion with K20 million kwacha top up

By Ephraim Nyondo

As part of continuing the mission he started 8 years ago of supporting the arts sector in the country, Prophet Shepherd Bushiri on Saturday donated K20 million to Fatsani Movie crew to help them promote their movie globally.

Bushiri—who came to Blantyre to watch the movie accompanied by his partners from South Africa, Germany, Kenya and USA, among others—said he made the donation to affirm his unwavering support for Fatsani movie, specifically, and, generally, the arts sector in the Malawi.



His partners, again, complimented him by all auctioned Fatsani art works during the night at K3 million.

Through his arts company, Major 1 Records which he started in 2013, Prophet Bushiri supports several big artists in the country. Among others, they include: Rhema, Onezimus and Gwamba.

Leader of Fatsani Movie Crew hailed Prophet Bushiri and his partners for the gesture, saying their hand will help the movie reach global height as their target is to get it featured on big international streaming platforms such as Netflix, Showmax and Hulu.