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SA lawyers hired by MEC yet to be admitted for practice

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Chief Justice Andrew Nyirenda is yet to admit for practice two of the four South African lawyers that Malawi Electoral Commission (MEC) has hired for the presidential election nullification case.

High Court and Malawi Supreme Court of Appeal registrar Agnes Patemba said in a written response yesterday that the Judiciary has asked MEC, which wrote a letter asking for approval of the lawyers from the Chief Justice, to make a proper application.

Malawi Law Society (MLS) also wrote the Chief Justice last week recommending that the lawyers be admitted for practice as they have satisfied statutory requirements.

However, Patemba said it is only after a proper application has been made to the Judiciary that they will sit down and discuss it.

She said: “They have been advised to file a proper application and not a letter that was earlier on sent to the office of the Honourable Chief Justice. Once MEC files the application, we will set it down for hearing.”

Constitutional-Court-Judges

MEC chairperson Jane Ansah last Thursday confirmed the hiring of the South African lawyers to lead the defence in the Supreme Court of Malawi following the Constitutional Court ruling that annulled the May 2019 presidential election and stated that Attorney General KalekeniKaphale should no longer represent the electoral body.

A document that has been seen indicates that MEC made a contract with a South African law firm Mboweni MalulekeInc Attorneys worth  $788 500 (about K600 million).

This means that taxpayers will have to foot the bills of the four lawyers, legal costs and all other incurred costs. The lawyers are Gideon Phalatse, DumisaNtsebenza, SC, Elizabeth Makhanani Mere and CaphusMboweni.

When asked what role the foreign lawyers will play given that MEC has other local lawyers, MEC director of media and public relations SangwaniMwafulirwa said details would only be made available once hearing starts.

He said: “All details will be known when hearing commences but its common sense that the court ordered the lead lawyer for the commission to stop representing it.”

With MEC racing against time as full hearing of the appeal case is expected to start on April 15, critics have faulted the electoral body for not coming out clear on whether they have an alternative plan in the event that the lawyers are not admitted.

Dean of the Faculty of Law at Chancellor College Sunduzwayo Madise said MEC is supposed to have an alternative plan on lawyers representing them in the appeal case.

He said: “If they are not admitted for practice, then they can’t practice. As such, MEC would have to use either the lawyers they have or hire local ones. It is something MEC would have put in their plans as plan B in case they are not admitted.”

According to the recommendation letter MLS wrote to the Chief Justice, which was signed by honorary secretary Martha Kaukonde, she said they reviewed the lawyers’ application and found it satisfactory.

Reads in part the letter: “The Malawi Law Society has examined the application and it considers that the applicants have satisfied the statutory requirements and hence no objections. If it pleases you, my Lord Chief Justice, you may grant the application.”

But in an interview with The Nation last week, private practice lawyer John Gift Mwakhwawa said there was no reason for government to procure legal services from outside. In a February 3 ruling, the Constitutional Court nullified the May 21 2019 presidential election, citing irregularities and flouting of electoral procedures by MEC.

Sports council wants to know netball selection criteria

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Malawi National Council of Sports (MNCS) has asked Netball Association of Malawi (NAM) to explain the criteria they will use to select players for the junior national team when there are no youth leagues nationwide.

MNCS sports development manager Ruth Mzengo said this after the local netball governing body presented an K83 million budget to the government through the council for Under-21 Netball World Youth Cup qualifiers in Uganda in May.

This will be the first time in a decade for Malawi to take part in the Netball World Youth Cup. Malawi last appeared at the 2009 event, where the country’s Queens’ shooter Mwawi Kumwenda was spotted by Australian club Peninsula Waves to become Malawi’s first overseas professional netballer.

At present, Malawi has the K8 million Botsalt Southern Region Netball Under-20 League as the only junior netball league.  Southern Region Netball Committee (Sereneco) introduced the contest last year to act as a nursery for national teams.

“We would like to understand how NAM would come up with a junior national team for such a big tournament in the absence of youth development structures,” Mzengo said.

She said recently, NAM has been sending teams to Under-20 and Under-21 tournaments, but the council had no clue where junior players in the squads were spotted from.

“We have potential talents in places such as Likoma Island and Nsanje, but are not given a chance to make it into the national team because there are no youth leagues to act as platforms for showcasing their skills,” Mzengo said.

“We seek clarification not to stop NAM from sending a team to the international event. We should be participating in youth competitions with a purpose of building a strong national team for the future.”

Mzengo said the council has also told NAM to reduce their K83 million budget so the team can have a 15-day camping ahead of the qualifiers and not 30 days as per the association’ request.

“The budget is huge and it needs to be reduced.  Moreover, it is not necessary to have youths in camp for a long time as that can lead to fatigue prior to international competition,” she said.

However, NAM president Khungekile Matiya yesterday said although they do not have national leagues at all levels, they manage to get the cream that represents the country well in international competitions.

“We use competitions such as the Presidential Netball Cup, which is currently underway, to identify players for the junior national teams. This means we know the players that are doing well and can don the national colours,” she said.

On the issue of the Junior Queens’ camp, the  NAM president said they considered one month because being new players, they  need time to prepare.

“For example, the men’s senior national football team regrouped on non-residential basis back in January before going into full-time training early this month for the postponed Africa Cup of Nations [Afcon] qualifiers against Burkina Faso,” she said.

“But with Under-21 national netball team, we are talking about preparing for a tournament that has a number of games within a short period. That should as well explain why we need a month for the girls to be in camp.” Netball analyst Wesley Namasala said without youth leagues, it is difficult to find good players for junior national teams.

Mutharika makes changes to the police force

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The Malawi Police Service has shifted around at least 20 senior officers in what critics have described as positioning of loyal officers in the right places.

Acting Inspector General of Police (IG) Duncan Mwapasa on Tuesday released a transfer order of Officers-In-charge; Station Officers and others in departments such as the confidential registry.

The transfer order we have seen shows officers being moved from the Central Region to the Southern Region and vice versa. It also shows some officers being uprooted from the Northern Region to the Southern Region.

Political analyst Humphreys Mvula yesterday described the transfers as a political strategy aimed at putting certain officers in strategic positions as President Peter Mutharika strives to maintain power.

Police spokesperson James Kadadzera

But National Police spokesperson Senior Superintendent James Kadadzera yesterday said the move has nothing to do with politics.

He said: “Every time there are transfers the media quote us as saying the transfers are normal. But I want to put it this way; senior officers can be transferred now and again. And these are not strange transfers. These transfers are done based on management discretion.

“Management has seen it important that these officers be transferred to other places because this will also help them in their process of expanding their career since they will be working with various officers…”

But Human Rights Defenders Coalition (HRDC) vice-chairperson Gift Trapence questioned the motive behind the shake-ups and claimed it is meant to stifle activists.

Trapence—who police arrested alongside HRDC Central Region chairperson McDonald Sembereka and the coalition’s leader Timothy Mtambo for planning to close State House on March 25 this year—further said that the staff changes will not scare them from holding demonstrations and speaking against vices in President Mutharika’s government.

He said: “The timing is bad. People will be justified to question the motive behind their transfers.  Malawians will not be afraid of anything. We urge the authorities to stop politicking with our institutions. “HRDC will fight against any politicisation of government institutions whether police or the Army or any other institutions”.

Joseph Malizani appointed new TN Stars Coach

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Kasungu-based TNM Super League outfit, TN Stars, has hired Joseph Malizani as Head Coach replacing Meke Mwase who is now Head Coach for the Malawi National Football Team, the Flames.

Since Mwase left club, former Flames goalkeeper, Phillip Nyasulu, has been in charge of the team on interim basis but now Malizani has signed a two year contract and he will be heading a Super League side for the first time in his career as coach. He holds a CAF A Coaching License.

TN Stars Media Officer, Chifundo Kaliwo Nyirenda, confirmed the development, saying Malizani knows the vision for TN Stars.

TN Stars players

“We haven’t given him any target. He knows our vision and we know what he is capable of doing. We hope he will help to improve our game.

“Nyasulu had to take over after Mwase’s leave. He did a very good job and that’s why we finished in the top eight. But then there was need to find a Head Coach now,” explained Kaliwo Nyirenda.

Malizani says he will not have problems taking charge of TN Stars because it is so challenging to coach in lower leagues than in the super league.

“It is so challenging to handle a lower league side like Nsundwe United where I was than a super league side. I have groomed players who are now with Silver Strikers, Blue Eagles, Civo and even TN Stars itself.

“I had no goalkeeper trainer at Nsundwe and my assistant was rarely available but I was managing to produce results. Here at TN Stars there is a competent goalkeeper trainer, I have a stable assistant coach and so it will be easy for the team produce required results,” remarked Malizani.

DPP-UDF must unite, Uladi urges regional committes

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Democratic Progressive Party (DPP) vice-president (Centre)Uladi Mussa, has called for unity of purpose among regional committees of DPP and its electoral ally, United Democratic Front (UDF), to ensure that the alliance claims victory in the forthcoming fresh presidential poll. Mussa said there is need for grassroots structures of the two parties to mount gallant campaign so that President Peter Mutharika retains his seat.

The charismatic politician made the remarks on Wednesday when he addressed joint regional committees of the two parties at a meeting, which took place the Capital City Motel in Lilongwe.

President Mutharika is said to have financed the meeting, which drew participants from all the seven districts in the Central Region.

Uladi Mussa addressing the gathering

Mussa challenged that with the coming in of the alliance between the main opposition Malawi Congress Party (MCP) and UTM Party, DPP will maintain its record of not losing an election.

“MCP has made so many alliances before before. Did they win an election? So, the MCP and UTM alliance should not be something to worry about. Let us unite and work together to ensure that President Professor Arthur Peter Mutharika retains his seat,” he told the committees.

And speaking after the meeting with the committees, Mussa said the DPP and UDF alliance is well prepared for the forthcoming presidential election.

He said the meeting was therefore organised to guide joint committees on how they will have to work together in preparation for the presidential poll.

He added that it is imperative that the joint committees should work together so that they do not deliver different messages.

“DPP and UDF alliance is very well prepared for the forthcoming presidential election. We are parties that have people with vast experience and political skills. So, we will be working together and we know what to do. That’s not from the scratch; we have the technical knowhow on political issues and we also know the needs of the people on the ground,” Mussa said.

In his remarks, the UDF vice president Michael Antoine said his party members are excited to work with DPP in campaigning for Mutharika.

The fresh poll follows the decision by the Constitutional Court to annul the May 21, 2019, presidential election on February 3, 2020.