NGO’s PROPOSAL DISCRIMINATORY
BY: Peter Qeko Jere. Doctoral Student=University of Fort Hare
The recent proposal by some NGOs in Malawi to amend our constitution so that a Presidential candidate should be someone who has stayed in Malawi for ten years is discriminatory, selfish, torturing, cruel, inhumane and totally unconstitutional. This is unconstitutional because it violates the God given rights and freedoms of Malawians. Section 47 (3) (a) of our constitution states that we become citizen of the land by birth, descent, marriage, registration, naturalization or any another means as prescribed by an Act of parliament. It’s by God’s design that we were born in this country and therefore, there is nothing somebody can do about it because as citizens of the land, we are entitled to benefit and enjoy our privileges, which include contesting for presidency among other things.
We understand that section 34 & 35 of our constitution gives Malawians working in these NGOs freedom to express their opinion. At the same time however, they need to realize that as citizens of the land, we all are equal under the laws (Section 20). Their opinion cannot become a law of the land and should not violate the fundamental rights and freedom of 14 Million Malawians out there. Now what is special with the ten years duration of ones stay in Malawi? Does one become good and angelic after staying for ten years in Malawi? What are they saying about the MPs? Why setting the standard for the Presidency leaving MPs? What is the reason and logic behind this NGOs move mainly at this moment in time? Do we have problems with the existing constitutional provision about the issue at hand? For some of us patriotic citizens of the land, this proposal is wrongly timed and is geared to stop educated and well-qualified Sons of the land from coming home to help in the social, economic and political development of the country.
This proposal is unconstitutional because torturing, inhumane and degrading mainly those sons of the land affected. This goes against section 19 (3) of our constitution, which stipulates that ‘NO person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment’. Here the key words are “ any kind of torture, cruel inhuman and degrading treatment or punishment”. This means that as long as someone is a qualified citizen of this land, he or she is not suppose to go through any kind of torture (psychological or emotional torture), cruel, inhuman and degrading treatment or punishment from anybody.
It is torturing to be told that you cannot contest the presidency just because you have not stayed in Malawi for ten years while at the same time you are a genuine citizen of the land. I mean it is a very brutal, degrading and cruel to be told that you are not fit to contest the presidency while at the same time Malawi is the only place that you call home. It is horrible to be denied your freedom to contest the presidency or any kind of competition while for sure you know that you come from a certain village somewhere within the boarders of this land. The fact that one stays abroad longer than expected does not change that they stop being citizen of Malawi. They may stay abroad for as long as they want but remain patriotic citizen of the land. For instance they may be in UK or USA but remain sons and daughters of T/A Mabilabo from Ekhadheni Village in Mzimba district. I mean that they will remain sons and daughters of a certain Traditional Authority and from a certain village somewhere within the boarders of Malawi.
This opinion by the NGOs is discriminatory and terrorizes Malawians freedoms and rights and is far more worse than apartheid. After all Section 20 (1) of our constitution says that “…. any form of discrimination is prohibited in Malawi and this include the very opinion raised by these NGOs. This is because the ten years set by these NGOs is unconstitutional and a total discrimination and violation of citizens rights and freedoms. Malawians may stay outside for as long as they want but have the constitution right to return back home whenever they want to contribute in the development of their motherland. This is because section 39 (2) of our constitution points out that, “every person shall have the right to leave the Republic and to return to it”. This means that Malawians abroad have their constitutional right to come back home and freely participate in peaceful political activity intended to influence the composition and policies of the government and freely make political choices (According to Section 40 (1) ( c ) & (d).). These political choices include a decision to contest the presidency.
Therefore it is unconstitutional to say that one need to stay for ten years to contest for the presidency in this country. After all, Section 40 (3) of our constitution says that ‘every person (citizen of the land) shall have the right to stand for election for a public office” while Section 80 (6) (a & b) of the same constitution says that a Presidential candidate and (his or her) Vice in Malawi shall be individuals who have attained the age of thirty –five and are citizens of the land by birth or descent”. This means that any Malawian citizen is free to contest the presidency regardless of the years they have spend abroad because what we need is that the Presidential candidate should be a Malawians as stipulated in section 47 and Section 80 (6) (a &b) of our constitution. This provision is accommodative and considers all Malawians inside and outside the country even those who have overstayed overseas.
This is proposal is not only torturing, but also reveals a very dangerous and horrible thought that is against the development of this country. We need to know that there is enough proof to show that those with a sound University qualification and a good international exposure are able to bring new and positive developmental ideas into the country. For instance, Ngwazi Dr. Hastings Kamuzu Banda (RIP) came back home after more than forty years of stay abroad. He brought with him new developmental ideas that transformed the social, political and economic destiny of Malawi. He taught Malawians to work hard and produce food for their families something. However this country’s vision and dream of self sufficient in terms of food was set asunder and destroyed when Muluzi and the UDF came into power. The country’s hard working spirit vanished in a thin air because of the hand out philosophy, which made majority Malawians poorer.
Currently Dr. Bingu Wa Muthalika who went into exile after the 1964 Cabinet Crisis is bringing back the hard working spirit in the lives of Malawians and food is becoming available in many homes. Like Kamuzu, Bingu went through the University doors where he acquired superb academic credentials that made him Director of UN agencies and Comesa’s General Secretary respectively.
Having said this, we strongly conclude by saying that we don’t support this Proposal because we feel section 80 of our constitution has no problem and that this issue is irrelevant and not even to be tabled for discussion.
BY: Peter Qeko Jere. Doctoral Student=University of Fort Hare
The recent proposal by some NGOs in Malawi to amend our constitution so that a Presidential candidate should be someone who has stayed in Malawi for ten years is discriminatory, selfish, torturing, cruel, inhumane and totally unconstitutional. This is unconstitutional because it violates the God given rights and freedoms of Malawians. Section 47 (3) (a) of our constitution states that we become citizen of the land by birth, descent, marriage, registration, naturalization or any another means as prescribed by an Act of parliament. It’s by God’s design that we were born in this country and therefore, there is nothing somebody can do about it because as citizens of the land, we are entitled to benefit and enjoy our privileges, which include contesting for presidency among other things.
We understand that section 34 & 35 of our constitution gives Malawians working in these NGOs freedom to express their opinion. At the same time however, they need to realize that as citizens of the land, we all are equal under the laws (Section 20). Their opinion cannot become a law of the land and should not violate the fundamental rights and freedom of 14 Million Malawians out there. Now what is special with the ten years duration of ones stay in Malawi? Does one become good and angelic after staying for ten years in Malawi? What are they saying about the MPs? Why setting the standard for the Presidency leaving MPs? What is the reason and logic behind this NGOs move mainly at this moment in time? Do we have problems with the existing constitutional provision about the issue at hand? For some of us patriotic citizens of the land, this proposal is wrongly timed and is geared to stop educated and well-qualified Sons of the land from coming home to help in the social, economic and political development of the country.
This proposal is unconstitutional because torturing, inhumane and degrading mainly those sons of the land affected. This goes against section 19 (3) of our constitution, which stipulates that ‘NO person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment’. Here the key words are “ any kind of torture, cruel inhuman and degrading treatment or punishment”. This means that as long as someone is a qualified citizen of this land, he or she is not suppose to go through any kind of torture (psychological or emotional torture), cruel, inhuman and degrading treatment or punishment from anybody.
It is torturing to be told that you cannot contest the presidency just because you have not stayed in Malawi for ten years while at the same time you are a genuine citizen of the land. I mean it is a very brutal, degrading and cruel to be told that you are not fit to contest the presidency while at the same time Malawi is the only place that you call home. It is horrible to be denied your freedom to contest the presidency or any kind of competition while for sure you know that you come from a certain village somewhere within the boarders of this land. The fact that one stays abroad longer than expected does not change that they stop being citizen of Malawi. They may stay abroad for as long as they want but remain patriotic citizen of the land. For instance they may be in UK or USA but remain sons and daughters of T/A Mabilabo from Ekhadheni Village in Mzimba district. I mean that they will remain sons and daughters of a certain Traditional Authority and from a certain village somewhere within the boarders of Malawi.
This opinion by the NGOs is discriminatory and terrorizes Malawians freedoms and rights and is far more worse than apartheid. After all Section 20 (1) of our constitution says that “…. any form of discrimination is prohibited in Malawi and this include the very opinion raised by these NGOs. This is because the ten years set by these NGOs is unconstitutional and a total discrimination and violation of citizens rights and freedoms. Malawians may stay outside for as long as they want but have the constitution right to return back home whenever they want to contribute in the development of their motherland. This is because section 39 (2) of our constitution points out that, “every person shall have the right to leave the Republic and to return to it”. This means that Malawians abroad have their constitutional right to come back home and freely participate in peaceful political activity intended to influence the composition and policies of the government and freely make political choices (According to Section 40 (1) ( c ) & (d).). These political choices include a decision to contest the presidency.
Therefore it is unconstitutional to say that one need to stay for ten years to contest for the presidency in this country. After all, Section 40 (3) of our constitution says that ‘every person (citizen of the land) shall have the right to stand for election for a public office” while Section 80 (6) (a & b) of the same constitution says that a Presidential candidate and (his or her) Vice in Malawi shall be individuals who have attained the age of thirty –five and are citizens of the land by birth or descent”. This means that any Malawian citizen is free to contest the presidency regardless of the years they have spend abroad because what we need is that the Presidential candidate should be a Malawians as stipulated in section 47 and Section 80 (6) (a &b) of our constitution. This provision is accommodative and considers all Malawians inside and outside the country even those who have overstayed overseas.
This is proposal is not only torturing, but also reveals a very dangerous and horrible thought that is against the development of this country. We need to know that there is enough proof to show that those with a sound University qualification and a good international exposure are able to bring new and positive developmental ideas into the country. For instance, Ngwazi Dr. Hastings Kamuzu Banda (RIP) came back home after more than forty years of stay abroad. He brought with him new developmental ideas that transformed the social, political and economic destiny of Malawi. He taught Malawians to work hard and produce food for their families something. However this country’s vision and dream of self sufficient in terms of food was set asunder and destroyed when Muluzi and the UDF came into power. The country’s hard working spirit vanished in a thin air because of the hand out philosophy, which made majority Malawians poorer.
Currently Dr. Bingu Wa Muthalika who went into exile after the 1964 Cabinet Crisis is bringing back the hard working spirit in the lives of Malawians and food is becoming available in many homes. Like Kamuzu, Bingu went through the University doors where he acquired superb academic credentials that made him Director of UN agencies and Comesa’s General Secretary respectively.
Having said this, we strongly conclude by saying that we don’t support this Proposal because we feel section 80 of our constitution has no problem and that this issue is irrelevant and not even to be tabled for discussion.
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