What’s at stake in Malawi’s Tippex elections fiasco
It would be a mistake to be holding pretests and demonstrations with a misguided belief that the solution to Malawi’s problems is simply the resignation of the Malawi Electoral Commission (MEC) chairperson Jane Ansah, or the holding of fresh presidential elections if that is what is ultimately ordered by the courts in the ongoing court case. Malawi has reached a very crucial juncture of its democracy and there is more at stake in the social upheaval we are now going through than simply democratically and transparently choosing a new leader.
That is not to say that the protests are not important. On the contrary, they are very necessary and must be sustained with even greater vigilance when what is really at stake is fully understood. After all, one of the fundamental rights of citizens enshrined in the Malawi constitution is the right to demonstrate. It is a very powerful right which if used correctly, can lead to essential changes to the governance structures that we have.
As we all know, since the dawn of democracy in 1994, Malawi has had a fair share of institutional failures because of a weak overall governance structure. In general, despite having remedies that are supposed to address all failures, the current governance structure has failed to deal with a culture of corruption, abuse of power by the president and so-called “ruling party” members.
These failures are responsible for the incompetent and unreliable government officials believing that they are untouchable and refusing to resign even when it is evident that the majority of the people they serve have lost confidence in them.
A good example is the current impasse between the citizenry and the MEC chairperson Jane Ansah.Major demonstrations have been taking place to force Jane Ansah to resign because of her incompetent and poor handling of the May 21 elections, and yet Jane Ansah refuses to resign, and has even managed to convince some DPP women to cry and mourn and even march in her defence.
As the general public demonstrates and remonstrates against Jane Ansah and for new elections to be held, however, it is important to bear in mind that many reforms that were suggested by institutions like the Law Commission have failed to materialize because those individuals (often politicians) responsible for initiating the process of reform are the ones enjoying the status quo. They therefore cannot change what is making them stinking rich and helping them swim in absolute power.
As a matter of fact, the abuse of power by president and his cronies has reached a point where the police, Malawi Broadcasting Corporation, Malawi Communications Regulatory Authority, and even institutions like the Malawi revenue Authority no longer work for all Malawians but rather work for the so-called ruling party.
Although the term “ruling party” is itself a misnomer in Malawi’s governance framework and unrecognized by the republican constitution, these so-called ruling party cadres control government institutions and take the law into their own hands. They cause havoc and behave lawlessly because they are protected by the president and his party and can go without being restrained or arrested.
During the protests referred to above, it had to take the Malawi Defense Force soldiers to put them in their place when these political party cadets started beating up protesters who were demanding electoral justice and the resignation of MEC chair Jane Ansah.
The botched-up election, the refusal of Jane Ansah to resign, and the need for soldiers to protect citizens’ rights when there is no war in the country all point to one very fundamental fact: The country’s governance framework is rotten and desperately in need of a complete overhaul. Malawians should not need the army to be the solution to domestic upheavals when there is a working police service in the country.
This state of affairs is what brings us to the point that I made at the beginning. What is at stake in the protests and in the public anger in Malawi is not simply the need for Jane Ansah to resign or for fresh presidential elections to be held.The country is going to continue drifting until serious governance reforms are implemented.Given that those that ascend into power have so far all been unwilling to implement the needed reforms, it is imperative during this opportunity of public upheaval to demand that the country should not return to business as usual until there is a momentous and radical change in our governance and constitutional order.
When this is fully understood, the real question that needs pursuing by the protesters and demonstrators becomes who is going to initiate the necessary reforms that will help the country. The answer is very simple. Not the courts or the politicians, but the people. The people must not wait. They cannot afford to wait. The time is now, during this period when people are unhappy and looking to change the future of Malawi, to demand a complete overhaul of the governance structures and bring about the necessary changes that will ensure that no political party will ever take Malawians for granted again.
As a continuation of the current demonstrations, the citizens should demand the following changes:
First and foremost, the amalgamation of a parliamentary democracy together with a presidential one is a serious problem that needs to be addressed. Having a presidency in whom is vested all the powers of state, while also we continue to carry over some political party power means that democracy is defeated because we are neither a proper republic or a proper parliamentary democracy but a mixture of the two. This is what gives our so-called ruling parties powers that they should not have, and creates the undesirable framework of patronage, nepotism and corruption.
I suggest that the constitution should be amended to remove the requirement for voting in a president and make Malawi a proper parliamentary democracy where the voters vote simply for Members of parliament or for a political party, and then letting the political parties choose the leadership.
Secondly, the powers of the leadership (presidency in this case, but prime minister or president in the case where the above amendment is implemented) should be curbed to ensure that appointments are not used as carrots and rewards for demanding loyalty from boot lickers and bribing critics.
Thirdly, laws such as electoral laws, laws guiding the appointment of heads of government institutions such as the Anti-corruption Bureau should be reviewed urgently to reflect international standards and the will of the majority of the Malawian public.
Additionally, it is important to review the aspects of the constitution that guide the way Malawians are represented in parliament to ensure that the voting public is not given a raw deal. This should include the re-introduction of a senate as a secondary legislative body, and important guidelines for parliamentarians such as recall provisions and a clearer definition of “crossing the floor” in Parliament. An elected official, whether on a party or independent ticket should not be allowed to change their allegiance after being elected.
It is also necessary to bar individuals from being both an MP as well as a cabinet minister to ensure proper checks and balances and separation of powers.
These demonstrations are a golden opportunity to correct the wrongs that the coming of democracy in 1994 failed to correct. Those organizing and leading the protests need to bear in mind that there are more serious, root solutions that are required for the country than simply for Jane Ansah to resign or for fresh elections to be held. The country does not needsimply a superficial window-dressing of the governance problem. It needs a comprehensive treatment of the underlying causes.
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Good writing from a corrupt mind. Allan is another frustrsted guy in as far as Malawi politics is concerned. He was a pro DPP from 2004 to 2011. We could see him on different media platforms supporting Bingu with his friend who was a lecture at Catholic University including MBC that he is speaking against. I believe he was given a banzi by the dpp admin that time. If it was this time, we could have said he was tipexed. From nowhere things changed. He became anti DPP after Bingu died and (Ntata)fled Malawi just after ascendancy of Joyce Banda into power. From 2014 Ntata has never been in good terms with the party he once supported. I believe there was deal unknown to us that went sour and did not materialise that made Mr. Ntata to become a critic of DPP. No wonder today he has written this article whose purpose is to drive Malawi into anarchy and let alone a lawless state. While we appreciate that the writing is good the brain behind the writing is questionable because it is not pure. It is a corrupt mind because of a deal that went sour somewhere. Therefore the integrity of Mr. Allan Ntata is questionable although he is trying to portray a good image of himself to Malawians. The motive is ill too. Those who were there 2004 to 2011 if I am not making a mistake will agree with me.
Joloza, be objective please!
This is another nonsense.Then why do people go for elections?Is MEC chair given mandate to pick anybody who contest to be president? Would John Chisi picked by Chair ,would it differ with Peter as her choice for Malawi.With this behavior ,Would Malawians respect these Judges.
Well written n well elaborated article Allan. Hope the majority mass reads this, and do seriously n truly show their patriotism and do actually act and do bring a real change and end the Mafia rule by DPP once and for all. Enough is enough now, as the looting has left the entire country’s social delivery services in shatters. Time is now, and you are absolutely right, that, we MUST act now and kick out these dpp thugs n looters now, and then ONLY our nation’s and youth’s future is safe n sound and bright, otherwise we totally doomed if we continue to allow these dpp thugs n looters to rule. Since 2009 we are on downward spiral in all sectors and in process rapidly loosing all our moral values n the dignity of the same people who are claiming to be CIVIL SERVANTS. There’s is moral decay in all chain sectors of the society, civil services, political, security(police), and the executive(mbavaa). DPP way of mafia style rule have turned this peaceful n warmhearted nation into a rotten corrupted nation, seriously raising doubts if we are indeed a truly democratic republic. On the electrol reforms, other suggestions I would like to share is we must stop the ballot papers and bring in digital EVMs to vote, which gives no room to rig for any parties, and people’s will will be truly respected and reflected. Second, as you mentioned 50+1 must decide the winner, and not mere 20 or 30 odd percentage, and that too, by cheating n stealing votes like what MBAVAA did. People are the true owners of the republic’s constitution, and that no individual is above the law or people will. People should excercise their rights to amend the constitution, should they feel the need to do so by calling in national referendum. Our constitution gives immense powers to presidents, n this makes that President behave like a God. He thinks he is it. No-one else matters to him as is the case with this current illegitimate, self proclaiming, n imposing president. He starts behaving as if he is the law, as if he owns this entire country and its people. Remove Presidential powers as quickly as possible. I think we should also consider on the number of MPs. Malawis land area n the population does not require 193 MPs, most reports show the most of these MPs once elected, don’t even carry out their mandated role diligently. They busy enriching themselves for 5 yrs, neglecting the same citizens who voted n made him or her MP. We must reduce the number from 193 to just between 60 n 70 MPs, as this nos of MPs are adequate to patriotically n diligently discharge their duties. Plus their term reduced from full 5 yrs to 1st 2 yrs n then extended to further 3 yrs via by elections at end of 1st 2 yr term, and only if that MP has indeed performed. MP should not hold cabinet posts, and independent technocrats should be appointed ministers by panels of stakeholders. Not like now… some idiot is all of a sudden given a post of minister or like someone who has no knowledge or experience of the particular line ministry. Fake lawyers are appointed as minister of health who has no clue where to start from…. what a joke. Running a country as leader is serious n committed job, which demands the leader to be in focused state of mind, be a neutral decision maker, and most importantly n crucially…. be a PATRIOTIC LEADER not like the one we have now, who does not give a toss about our country nor us Malawians. APM has absolutely no leadership qualities nor the skills to lead us Malawians any more. Keep up the good work Allan n keep educating us more on the state of affairs of our beloved nation. God bless Malawi n it’s beautiful n loving people…. of course, apart from these dpp thugs n looters n thieves who are ALL gonna rot in jail soon.
The writer has been given a very big scone
Don’t use the MDF beatings of DPP cadets in BT as a yardstick that people dont want this govt. It is not the first time MDF has been used to quell political violence.
In 1992 MDF was used to demilitarise MYP, a notorious and brutal armed security wing of MCP.
In 1999 there were violence after MEC announced that Muluzi was retained to power. The MDF was used again to pacify the situation. I still remember one of headings ” SOLDIER TAKEOVER” in one of the then daily papers. Demonstrators sung the Lucius Banda new song as the MDF patrolled the streets of BT.
During the NDA days between 2002-2005 MDF was also frequently used to bring order in Lomwe belt.
MDF is one of govts security agents so it use doesn’t tip the balance of power in somebody’s favour.
Asking for radical reforms is next to impossible
First lets go for 50+1 later zinazo
Mmmmm I disagree with the point that JAne is leading her normal life. Some of us who have known her for some time kow pretty well that she is not herself. Even those of us that congregate with her at CCI have noted that. She might have done that out of hunger for money but for sure she might have done against her supposedly sipiritual consious
Bodza a Rodrick, I don’t think you neither know Jane nor congregate with her
Go and see how she looks now and compare her the way she was looking before elections
Spiritual suffering and guilt!
Well formed and understood article.I feel better when i see writings which criticise stupid conducts by ruling parties where every leader ensure corruption before leaving the position to keep malawians in sufferings all the time.These are not true leaders but they are just messengers of SATAN, but Almighty is watching…….
Solution ndi Chilima.
When I see the picture here of thousands of Malawians protesting the election I wonder whether I have read as many words of mr Alan Ntata over the years on the subject of constitutional reform in Malawi! All those good people and all those good words demanding justice and democracy — and ALL GOING NOWHERE.
Why going nowhere? For the reasons identified by Mr Ntata in his sixth paragraph: “They (the politicians) cannot change what is making them stinking rich and helping them swim in absolute power”
Root-and-branch reform is NOT coming to Malawi, as demanded by Ntata, now, if ever. Ntata should focus on individual problems, like the rigging of a General Election and the immunity of Jane Ansah. Only when individual abuses are tackled can constitutional reform be tackled — and that is when Mr Ntata will be much needed!
I totally agree with the Author of the article. Except on on one point that Citizens elect the Party and the Party chooses the President. This is problematic, South Africa is the case where Zuma was deployed and is alleged to have racked havoc as exemplified by several court cases against him. What would work best is to clip the Powers of the President. The appointment of key Heads of institutions (such as MEC, MBC, MACRA,MRA, etc) should be made by Parliament and President should approve the three names presented to him for approval. Malawians, unless we agree that there is a leadership crisis in our country and that the Great Malawi has gone to the Dogs, then we are forever doomed. For it is only when we admit we have a problem that we shall rie to the occasion to resolve it. Otherwise, alas, forget about the Glory of Malawi that we have had. Kamuzu Banda should have been CROWNED.
BURN. Some of us will die before FREEDOM. BURN. …….(Sorry guys. I forgot I still have my cooked sweet potato and chombe tea. See you at noon.)
I totally agree with the writer. The problem is that most Malawians look for personality changes. The problem is that the successors will also inherit the same rotten system. We need a systems change. The 50 +1 could have avoided this mess.
This is a good writing from Allan Ntata. As pointed out in the article, the demonstrations should not only focus on Jane Ansah to resign. The only golden chance to correct the wrongs that came with democracy is now. Politicians have taken Malawians as fools for a long time and this should come to an end. Citizens have more powers that a mere politician who is just a servant. Bravo Allan…..Aruta continua.
Article well written. But I would differ on how the president or prime minister should be elected. I all these problems happening now are a result of the rejection of the 50 plus one bill which was brought in Parliament but was defeated by short sighted individuals who put money first and not the nation. we are yet to see if these people will have forever what they got as thank you for defeating that bill. I have people in mind like Tembenu, Uladi Mussa etc, they must be regretting.
I agree with the writer that we must change some issues in our constitution, but this will not be easy with the same people who benefit from the current scenario in control. We need new people and as soon as they get power, Malawi Law Society, CSOs and athor stake holders should not sleep, they should introduce the changes necessary.
MUTOPA ZIPANGANIZOYENDAZO,JANE SAYS IS LEADING A NORMAL LIFE,CHANNEL YOUR MONIES BY BUILDING CHURCHES
Iwe tman opanda nzeru. Tawerenga kaye article ndiye uzilemba izi
Donnel don’t worry about tman. She / he went THROUGH school. Chizungu chamuzemba, kikikikik sakutha kuitolera nkhaniyi akufunika interpreter.
tippex brain