Thursday, January 10, 2008

POLITIKING IN MALAWI: DO MALAWIANS WANT MULUZI TO RULE AGAIN?

As Million Malawians have food in their homes!

By: Peter Qeko Jere

On the 11th of March 2007, Dr. Bakili Muluzi during the rally at Njamba Freedom Park in Blantyre expressed his interest to stand again as the UDF Presidential candidates during the 2009 Presidential General election in Malawi. This is despite the fact that Muluzi rule Malawi for ten years from 1994-2004.

As of late he has assembled a team of 24 lawyers to research on his eligibility to stand again and to fight any obstacle in court. Weekend Nation of 13-14th October, 2007, states that lawyers from Uganda, Nigeria and South Africa have already doe their homework and have established that there is nothing illegal stopping Bakili Muluzi from contesting the 2009 Presidential elections. However the Weekend Nation of 10-11 November 2007 (P. 3), reveals that Muluzi through his lawyers has filed in his affidavit where he has raised 14 major reasons why he believes he is eligible to contest the 2009 Presidential elections. In this affidavit, his political survival depends on the interpretation of what is contained in Points Number 6, 7 and 8. Therefore, as citizens, we are compelled to say some things on this issue because it’s about someone who is campaigning to become the first citizen of the land.

To begin with, on point NO. 6, Muluzi’s Lawyer argues that both the Malawi Constitution and the UDF one clearly states that he is eligible to stand as Presidential Candidates during the 2009 elections as he had a five years break from holding the office of the State Presidency. Regarding this statement, we argue that it is wrong and misleading to talk of the five years break now in 2007. Its irrelevant to begin talking of this when in a real sense, only three years have passed since Muluzi handed over power to Muthalika. Its wrong to put this argument forward as if this is 2009 because realistically, Muluzi handed over power to Muthalika in 2004 and this is 2007 and we are talking of three (3) years that Muluzi has rested. Its simple: 2007-2004= 3 and not 5. Why should these lawyers argue this case using the 5 years today while we have the full 2008 to cross before we get to 2009? We strongly feel that we need to be realistic and not hide behind 2009. It could be proper if these lawyers argue their case based on the 3 years he has rested and not 5 year. It’s interesting that after resting for only 3 years, he still want the presidency. Muluzi’s lawyers should avoid talking of the 5 years leave as if its automatic or mandatory that after resting for 5 years someone can stand again. Also they should know that the Presidency is not like a small office where people go for leave and come back anytime they want. As far as the Malawi constitution is concern the main argument is that you don’t come back when your two presidential terms expires but go out there and join Chissano, Kaunda, Masire, Mandela and others in solving world conflicts

At the same time, it is also wrong to argue that the Malawi Constitution is clear that Muluzi is eligible to stand again as a presidential Candidate during the 2009 elections. This is because of the following: Firstly, section 83 (3) says that.. “ the President, the first president and the second vice president may serve in their respective capacities a maximum of two consecutive terms….”. No particular name is mentioned here and all we have are just people’s legal opinions on the matter. At the same time, we share the notion that it dangerous to speculate that Muluzi is eligible to stand again because Malawians knows that Muluzi did his job for ten years and he cannot rule Malawi again as if he is the only presidential material in the country.

Secondly is that the constitution is silent on all matters relating to the position of retired or former president who would want to bounce back into politics. Now why this silence? Did the framers of our constitution not see possibility of former or retired presidents wanting to come back to politics?

Thirdly is that its constitutionally dangerous to say that Muluzi can stand again after serving his maximum of ten consecutive years as State President because doing so would contradict the very heart and of our constitution. The word “Maximum of two consecutive terms” was put into our constitution to prevent such ill thinking or mentality of wanting to rule forever. The key words are “maximum of two consecutive terms” meaning that after this, no-one should come back wanting to rule again. The flamers of our constitution didn’t mind to include issues of retired or former presidents because to them the wording, “ maximum of two consecutive terms was enough to stop them making a political come back. In another words, every Malawian is allocated a maximum of two consecutive terms to rule as State President and not more than this. Now whatever word we duel on, “ Maximum or consecutive”, the essence remain the same, that for as long as one is a Malawian, he or she has one chance to rule within the given specific maximum of two consecutive terms.

As regard Point NO. 7, they argue that the rational of Section 83 (3) of the Malawi constitution is to do away with the culture or syndrome of life Presidency. While it is true, we also should ask ourselves how does one become a Life President? Fortunately in Malawi we have a history of life presidency and can easily relate to this situation today. For one to become life president, series of event has to happen. For Dr. Banda, some things happened in the life of the MCP, which latter created a fertile ground, which ended making him a life president. Such events included, the post-1964 cabinet crisis after which, many “Yes Bwanas” politicians emerged and surrounded Dr. Banda. It was these yes bwanas politicians who later made Dr. Banda life president of the country to safeguard and protect their interests. Likewise, a critical analysis of the UDF and Dr. Muluzi’s behavior before and after the 2004 General elections shows that there is a 100% potential for Muluzi to become another life president of the country under UDF given a chance. This is because the UDF party and Bakili Muluzi are one and cannot be separated. He is the financial engine of the party hence it is clear that all heavy weights in the party cannot stand on his way. They do things they Muluzi way and are the “yes bwana politicians”, who are the very fertile ground for the creation of life presidency.

On point NO. 8, Muluzi argues that in line with the rational against life presidency, he only served his two consecutive terms and was immediately thereafter succeeded by the incumbent State President. Thus there is no possibility of life Presidency. Against this argument that there is a 100% possibility that Muluzi want to one-day rule Malawi for life. This is demonstrated and revealed in his idea of wanting to contest the 2009 elections even after ruling this country for ten years. Imagine, he handed power in 2004 and today 2007 he says he want to contest the coming elections! As of today, three (3years) have gone since he handed over power and what does all this means if not wanting to rule Malawi for life. The former President is using everything under his power to make sure that he rules again! Why this hurry? Why the panic? Is there anything he is avoiding? Is his density and security only in him being the State President? Are we missing something here?

It is also that Muluzi served his maximum of two consecutive terms of office. However it will be making a huge mistake to separate Muluzi’s open and third terms ambitions that failed to materialize in parliament from this argument at hand. Also we need to include his many effort to come back to rule again, which explains that the two terms that he had was no enough and that the main intentions are to rule the country for life. We share this thought because this is how people end up being president for life since to them, the only job is to rule, rule and rule even if it means breaking the laws of the land.

Though Muluzi served his two terms, what we question most is his behavior toward the end of his rule which demonstrated that he wanted to continue ruling Malawi and he did everything under his power to have his dreams come to pass but he failed. He came up with both the third and open term bid and it is alleged that Millions were paid for MPs to give him a chance but it all failed. As if this was not enough, he has currently put in place a team of 24 lawyers to help him become the first citizen in 2009. These Lawyers have interpreted section 83 (3) in line with what Muluzi need right now and are not telling him the truth constitutionally something which is unfortunate.

With this therefore, we want to share the views of Millions in Malawi who say that we don’t want UDF and Muluzi to rule Malawi again. We had their ten years and this time, we want to see and enjoy what the Muthalika administrations continue to offer the country. We don’t have to remind you that this government through the fertilizer subsidy has managed to help Malawians get rid ot the hunger situation. We now have food in our homes and can go to bed after titadya and titakhuta something we thank God for. So we want this good live to continue in our country now and forever more.

3 comments:

Anonymous said...

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Anonymous said...

Yea I like the issue and its interesting. I think Malawians need to realise that malawi as a country belongs not to one person this is our land. Personally it pains me to see a great distruction made during Mulizi's time. I love Muluzi he is friendly but not honest. He is not worthy to be a leader of the land anymore. What Malawians need is a leader like Bingu not president, We have many presidents who are not leaders at all.

T.K.

Anonymous said...

Yea I like the issue and its interesting. I think Malawians need to realise that malawi as a country belongs not to one person this is our land. Personally it pains me to see a great distruction made during Mulizi's time. I love Muluzi he is friendly but not honest. He is not worthy to be a leader of the land anymore. What Malawians need is a leader like Bingu not a president. We have many presidents who are not leaders at all.