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The day Malawi judiciary went on the streets- demands independence

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Lawyers in the country on wednesday took the street to march demanding that Governement respects the constitution and promote the independence of the judiciary

The borne of contention is the notice of leave pending retirement for Malawi’s Chief Justice Andrew Nyirenda which Chief Secretary Lloyd Muhara issued last week coupled with President Peter Mutharika’s continued attacks on the judiciary.

In Lilongwe, the lawyers marched to the Lilongwe district court registry. They sang a National Anthem before beginning the march. Notable faces on a march included counsels Chikosa Silungwe, Khumbo Soko and Khwima Mchizi and HRDC chairperson Gift Trapence.

Trapence who is leader of Human Rights Defenders Coalition said other people joined the lawyers in solidarity to protect the constitution.

“A generation that we are in, is a generation that no one can trample upon,” saysTrapence.

Another Lilongwe based lawyer Andy Kaonga says any attempts to frustrate the judiciary will not be tolerated.He urges the Executive arm of Government to accept and respect court orders warning that lawful ways will be used to stop anyone from undermining the role of the Judiciary.

Meanwhile in Blantyre veteran lawyer Mordecai Msiska led the procession.”The constitution is not a paper; let alone a dead piece of paper. It is the will of the people. It is the people speaking,” says Senior Counsel Mordeccai Msisha who received a loud applause as he grabbed the mic in Blantyre

In Zomba Professor of law Garton Kamchedzera read a document containing the lawyers’ stand.

Senior Counsel Chikosa Silungwe who was among the Lilongwe demos has challenged the Executive that Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea will not leave their offices.

He says: “The Chief Justice does not leave the office by public notice. In the Republic of Malawi, we know how the Chief Justice leaves and it is not by public notice. Chief Justice Nyirenda and Twea are going no where.”

Lawyer Victor Gondwe reads out the petition in Mzuzu. The lawyers say they will see to it that nobody tampers with constitutionalism, “tell the executive to get hands-off the Judiciary.

DPP-UDF will not lose elections, upbeat Mutharika claims

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Ahead of next week’s Tuesdday fresh presidential elections, the incumbent President Peter Mutharika has claimed to have massive support in the country and that his Democratic Progressive Party (DPP) and United Democratic Front (UDF) alliance has the numbers to secure his re-election.

Mutharika was on a whistle-stop tour from Blantyre to the capital Lilongwe.

Speaking at Biwi Triangle in Lilongwe to a thunderous welcome of supporters, Mutharika said he was in the last leg of the campaign to ensure that they get a landslide victory as DPP-UDF alliance are ceratin of security 50 percent plus one majority votes.

Mutharika on a campaign trail

“Winning is certain but we want to do it resoundingly. Losing is completely hypothetical, DPP-UDF are winning,”  said Mutharika flanked by his runningmate, Atupele Muluzi.

The President told the crowd that he legitimately won last year’s nullified election but the will of the people was overturned by the courts.

“Presidents are elected by the people and not the courts. We won the election last year because you voted for us. But they (the opposition) worked with the court to tussle government from us,” said Mutharika.

Mutharika then called upon the people to vote for him and Muluzi in next week’s polls to ensure the continuity of the various development projects his government has been implementing in the past five years.

“We want to continue development. As you vote next week, choose development instead of regression. Choose peace and not chaos and violence. Do not let them (the opposition) stop the projects that my government started,” Mutharika said.

Mutharika is facing a stiff challenge from Lazarus Chakwera, a former church cleric who is president of the opposition Malawi Congress Party (MCP).

To win outright in Tuesday’s polling a candidate will need more than 50% of the votes.

Mutharika said he will pass this hurdle and said he was confident of a landslide win.

If no candidates does not, a run-off will be held within 30 days.

DPP director of elections Ben Phiri said the party has carried its census and is certain  they are heading to victory.

Mutharika was declared winner in last year’s elections with 38.57% of the popular vote, against 35.41% garnered by Chakwera and 20.24% for Saulos Chilima of the UTM Party and the country’s estranged Vice President.

Both Chakwera and Chilima rejected the results and petitioned the courts which ordered the fresh elections.

American Think tank calls for Fair Elections and End of Attacks on Judiciary

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An American think-tank Freedom House has issued a statement calling on Malawi Government to ensure there is fair elections on June 23 and to end the attacks on the judiciary. Freedom House works to defend human rights and promote democratic change, with a focus on political rights and civil liberties

Recent Attacks on opposition and attempts to force out senior Supreme Court judges undermine democracy in Malawi has forced the think tank to speak out and in their statement released on Monday its says 

“Malawi’s upcoming presidential election is increasingly under threat,” said Tiseke Kasambala, chief of party for Freedom House’s Advancing Rights in Southern Africa program. “The government’s attempt to force out senior Supreme Court judges through early retirement—just days before the rerun election—seriously undermines judicial independence and the integrity of Malawi’s democracy. In addition, recent violent attacks by ruling party supporters against opposition activists, human rights defenders, and journalists call into question whether the election will be free and fair. Malawian authorities should end their harassment of the judiciary, investigate all reports of violence, prosecute those responsible, and allow citizens to freely express their opinions without fear of reprisal. The government should also take steps to ensure that voters are able to cast ballots without undue risk to their health amid the COVID-19 pandemic.”

Tiseke Kasambala, chief of party for Freedom House

Background:

In the June 23 election, President Peter Mutharika of the ruling Democratic Progressive Party (DPP) will face Lazarus Chakwera, leader of an opposition coalition that includes the Malawi Congress Party (MCP) and the United Transformation Movement (UTM).

A landmark Constitutional Court ruling in February 2020 nullified the results of the country’s 2019 presidential election, which Mutharika, the incumbent, had narrowly won. Citing serious irregularities, the court called for a fresh election to be held within 150 days. On May 8, the Supreme Court unanimously rejected Mutharika’s appeal against the ruling and upheld the Constitutional Court judgment.

On June 12, the chief secretary to the government issued a public notice declaring that Malawi’s chief justice, Andrew Nyirenda, had been placed on leave pending retirement. The chief justice was not due to retire until December 2021. Another senior judge was also said to have been placed on leave under similar circumstances. The judiciary pushed back against the announcements, saying it would review the matter and that the judges in question would continue to discharge their functions.

Presidential Cup Sponsorship increased to MK400 Million

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Minister of Finance, Economic Planning and Development Joseph Mwanamvekha says government has increased Presidential Cup Sponsorship from Mk120 Million to MK 400 Million.

Mwanamvekha made the announced on Friday during the presentation of 2020/21 budget statement at Parliament building in Lilongwe.  He said President Peter Mutharika is committed in improving sporting activities in the country.  

“The President (Professor Peter Mutharika) is committed to improving sporting standards in this country especially at grassroots level.

In order to live up to this commitment, this Government has increased sponsorship of the Presidential Cup to MK400.0 million from MK120.0 million,” said Mwanamvekha.  

Of this amount, MK200.0 million will be allocated to football, K100.0 million to netball and the balance of MK100.0 million to cater for all other sports disciplines in all the districts.

According to the Minister, administration of all sports activities under the Presidential Cup initiative will be done through the Office of the President and Cabinet.

Mwanamvekha Unveils MK 2 Trillion Budget’

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The Minister of Finance, Economic Planning and Development, Joseph Mwanamvekha has projected the 2020/2021 Budget at over MK2 trillion representing 28.3 percent of Gross Domestic Product (GDP).

Mwanamvekha made the statement today at Parliament in Lilongwe during his presentation of the 2020/2021 Budget Statement.

Minister has allocated K29 billion for the fresh presidential election. He indicated that discussions with donors on the financing of the elections have proved futile as most donors have expressed their inability to support this election.

On women and youth empowerment, the Minister said Government has increased the loan allocation to the Malawi Enterprise Development Fund to K15 billion.

Out of this, K2 billion will be dedicated to be accessed by women and youth who have been directly affected by COVID-19.

On Education and Skills Development, the Minister said the sector has been allocated the largest portion of the budget amounting to MK387.9 billion which he said is representing 19.2 percent of the total budget.

“The Health Sector ranks second with a projected allocation of MK195.3 billion, representing 9.7 percent of the total budge, ” said Mwanamvekha.

Delivering the Statement, Mwanamvekha expressed concern over rising public debt which he said remains a major concern to the Government.

“As much as Government would have waned to reduce public debt, this was not possible during the 2019/2020 fiscal year and will likely remain unattainable during the 2020/2021 fiscal year due to the economic downturn and the resultant decline in domestic revenues,” said the Minister.

Concluding the statement, the Finance Minister said the financial year 2020/2021 budget seeks to speed up economic recovery, infrastructure development and economic empowerment for the vast majority of our people, including the youth, women and physically challenged.

Mwanamvekha said the 2020/2021 budget further aims to ride on the macroeconomic stability so far achieved during the past three fiscal years and build a resilient economy capable of withstanding unforeseen shocks.

Parliament will go into Cluster Committees to scrutinize the 2020/2021 budget from Monday, 15th June to Friday, 19th June, 2020.

Opposition Spokesperson on Finance and Chairperson of the Budget Committee will respond to the budget from Monday, 22nd June to Friday, 19th June, 2020.

This will be followed by general debate which will be curtailed on Thursday, 25th June and immediately, thereafter, the House will go into Committee of Supply up to Tuesday, 29th June, 2020.

The 2020/21 Budget  is expected to be passed in Parliament  by Monday, 30th of June, 2020.