No 9, February 2004
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MALAWI COUNTRY of ORIGIN INFORMATION (COI) REPORT COI Service
MALAWI COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service 31 OCTOBER 2012 MALAWI 31 OCTOBER 2012 Contents Preface Useful news sources for further information Paragraphs Background Information 1. GEOGRAPHY ............................................................................................................ 1.01 Map ........................................................................................................................ 1.05 2. ECONOMY ................................................................................................................ 2.01 3. HISTORY ................................................................................................................. 3.01 Local government elections ................................................................................ 3.05 Foreign donor aid to Malawi suspended ............................................................ 3.07 Anti-government protests: July 2011 ................................................................. 3.10 4. RECENT DEVELOPMENTS (JANUARY TO SEPTEMBER 2012) ......................................... 4.01 5. CONSTITUTION .......................................................................................................... 5.01 6. POLITICAL SYSTEM ................................................................................................... 6.01 Human Rights 7. INTRODUCTION ......................................................................................................... 7.01 8. SECURITY FORCES ................................................................................................... -
Deliberation As an Epistemic Endeavor: Umunthu and Social Change In
Deliberation as an Epistemic Endeavor: UMunthu and Social Change in Malawi’s Political Ecology A dissertation presented to the faculty of the Scripps College of Communication of Ohio University In partial fulfillment of the requirements for the degree Doctor of Philosophy Fletcher O. M. Ziwoya December 2012 © 2012 Fletcher O. M. Ziwoya All Rights Reserved. This dissertation titled Deliberation as an Epistemic Endeavor: UMunthu and Social Change in Malawi’s Political Ecology by FLETCHER O. M. ZIWOYA has been approved for the School of Communication Studies and the Scripps College of Communication by Claudia L. Hale Professor of Communication Studies Scott Titsworth Interim Dean, Scripps College of Communication ii ABSTRACT ZIWOYA, FLETCHER O. M., Ph.D. December 2012, Communication Studies Deliberation as an Epistemic Endeavor: UMunthu and Social Change in Malawi’s Political Ecology Director of Dissertation: Claudia Hale This dissertation examines the epistemic role of democratic processes in Malawi. In this study, I challenge the view that Malawi’s Local Government model of public participation is representative and open to all forms of knowledge production. Through a case study analysis of the political economy of knowledge production of selected District Councils in Malawi, I argue that the consultative approach adopted by the Councils is flawed. The Habermasian approach adopted by the Councils assumes that development processes should be free, fair, and accommodative of open forms of deliberation, consultation, and dissent. The Habermasian ideals stipulate that no single form of reasoning or knowledge dominates others. By advocating for “the power of the better argument” Habermas (1984, 1998a, 1998b, 2001) provided room for adversarial debate which is not encouraged in the Malawi local governance system. -
Chapter 4 Making, Unmaking and Remaking Political Party Coalitions
POLITICAL PARTY COALITIONS IN MALAWI 111 4 MAKING, UNMAKING AND REMAKING POLITICAL PARTY COALITIONS IN MALAWI Explaining the Prevalence of Office-Seeking Behaviour DENIS KADIMA AND SAMSON LEMBANI INTRODUCTION The contemporary history of political alliances in Malawi dates back to the early 1990s when Malawian political and social groupings joined forces and succeeded in voting out the 30-year-old one-party regime of Kamuzu Banda in 1994. While a recent unpublished study by Lars Svåsand, Nixon Khembo and Lise Rakner (2004) gives an account of the reconfiguration of Malawi’s party system after the 2004 general elections, there is no chronological and comprehensive account of the main coalitions of political parties in the country, their accomplishments and setbacks and the lessons that can be drawn from their experience. This explains the need for this study as well as the unique contribution that it makes to the field of party coalition politics. The study deals only with alliances made up of political parties. For this reason, the pre-1994 election alliance of various political pressure groups, faith-based organisations and non-governmental organisations, which worked towards the effective introduction of a democratic multiparty system, is not given significant attention. The study devotes equal attention to the history of both governing and opposition coalitions in Malawi. Specifically, it examines the short-lived coalition between the Malawi Congress Party (MCP) and the Alliance for Democracy (AFORD) after the 1994 general elections; the 1995 alliance between the United Democratic Front (UDF) and AFORD; the alliance forged between the MCP and AFORD prior to the 1999 general elections; the UDF- AFORD-NCD Coalition preceding the 2004 general elections and the 111 112 THE POLITICS OF PARTY COALITIONS IN AFRICA Mgwirizano coalition of 2004. -
Malawi at a Glance: 2000-01
COUNTRY REPORT Malawi At a glance: 2000-01 OVERVIEW President Bakili Muluzi is expected to remain in power over the forecast period. But the main political parties, will, to varying degrees, experience internal disarray. A clear split has emerged in the main opposition party, the MCP, though the postponement of the September local elections should allow it to tackle its internal differences before they are held. A new uranium mining project will help the mining sector to develop, but infrastructure will need upgrading to attract further mining investment. Falling world tobacco prices in 2000, along with lower domestic production, will reduce export revenue, and increase the trade deficit. The rail link between Malawi and the Mozambican port of Nacala is scheduled to open in September, promising savings in transport costs, but improved track and signalling equipment is required. Key changes from last month Political outlook • There has been a major split in the opposition MCP party. John Tembo and Gwanda Chakuamba were both elected as party leader at parallel conventions in their respective regional strongholds. Economic policy outlook • The 2000/01 budget promises to build on the government’s reform efforts. But fiscal stability remains heavily reliant on foreign grants. Economic forecast • The EIU’s economic forecast remains essentially unchanged. Real GDP growth will slow to 3.5% in 2000, because of reduced agricultural output owing to poor weather. The rate of inflation will average nearly 29% in 2000 and the exchange rate will slip to MK65:US$1 by end-2000. September 2000 The Economist Intelligence Unit 15 Regent St, London SW1Y 4LR United Kingdom The Economist Intelligence Unit The Economist Intelligence Unit is a specialist publisher serving companies establishing and managing operations across national borders. -
Government & Politics Corr
1 CONCEPTUAL AND CONTEXTUAL BACKGROUND Augustine Titani Magolowondo INTRODUCTION This book is about Government and politics in Malawi. The diversity of issues that are discussed in the subsequent chapters bears testimony to the complexity of this subject matter. The aim of this first chapter is twofold. First, as you may have probably experienced in our daily discourse, the terms Government and politics are often confused with other key terms such as state and nation. As a starting point, this chapter clarifies these related concepts, which are inherently connected but yet conceptually distinct. Second, the discussion in this chapter aims at providing the context within which politics and Government in Malawi operate. In this regard, I look at both the political history and key socio-economic characteristics of Malawi. Finally, I discuss challenges facing Malawi’s politics and Government today. WHAT IS POLITICS? The concept of politics is as old as Government itself. Aristotle, the Greek philosopher (384–322 BC) argued that ‘man is by nature a political animal’. What was meant is that politics is not only inevitable but also essential to human activity. In other words, wherever there are human beings, politics is unavoidable. However, much as Aristotle’s maxim has become almost indisputable among the students of politics, there is no consensus on what exactly is to be understood by politics. To appreciate the conceptual complexity of politics, let us consider for instance the 2000 constitutional amendment to Section 65 of the Malawi Constitution (popularly called the ‘crossing of the floor’ provision). This amendment was to result in any member of Parliament (MP) losing his/her seat should he/she join 1 GOVERNMENT AND POLITICS IN MALAWI any organisation whose objectives were deemed to be political in nature. -
Transition from a Personal Dictatorship in Malawi
The Transition from a Personal Dictatorship: Democratization and the Legacy of the Past in Malawi Please do not cite this pre-final version The final version was published as a book chapter in: Shadrack Wanjala Nasong’o, ed . The African Search for Stable Forms of Statehood: Essays in Political Criticism Lewiston, NY: Edwin Mellen Press, 2008, pp. 187-227. Stephen Brown Associate Professor School of Political Studies University of Ottawa [email protected] In the early 1990s, numerous African dictatorships relatively rapidly and rather unexpectedly liberalized politically. The degrees to which they democratized—and speed at which they did so—varied greatly. The new forms of governance also differed significantly from country to country, as do their prospects. To a certain extent, the variations can be ascribed to decisions of key players at specific moments in time, often in bargaining with other actors. Analyses of transitions based primarily on such voluntaristic factors, such as O’Donnell and Schmitter (1986), tend to minimize the effects of the past. Others, such as Bratton and van de Walle (1994), see clear patterns in how certain types of neopatrimonial regimes in Africa democratize, placing greater emphasis on institutional history. This chapter examines the democratization process in Malawi, using Bratton and van de Walle’s finding as a framework to analyze Malawi’s post- authoritarian governance and prospects for further democratization. Personal Dictatorship as Analytical Category Hastings Kamuzu Banda rule Malawi from independence in 1964 until 1994 through a highly arbitrary and personalized system. “Life President” Banda was the supreme authority; his word had the force of law and was ruthlessly enforced. -
Draft Outline of Report – Separation of Powers in a Constitutional
SEPARATION OF POWERS IN A CONSTITUTIONAL DEMOCRACY Discussions and Papers on Southern Africa Mount Soche Hotel Blanytre, Malawi January 28-31, 2003 Table of Contents Foreword: ............................................................................................... iii I. EXECUTIVE SUMMARY ....................................................................... iv II. Framework of the Conference ..............................................................1 A. Country Examples.........................................................................4 B. Organization of the Meeting ...........................................................6 III. Proceedings ....................................................................................8 A. Opening ......................................................................................8 1. Keynote Address .....................................................................11 B. Plenary Sessions.........................................................................12 1. The Constitutional Perspective: Theoretical and Philosophical Background.....................................................................................12 2. The Malawian Perspective: Key Challenges Confronting the Executive, Legislative and Judicial Branches of Government ...................13 3. The Regional Perspective: The Role of Judicial Review in Strengthening Constitutional Democracy and Promoting Economic Growth 16 4. The International Perspective: Judicial Independence – Best Practices, Regional -
Politics of Judicial Independence in Malawi
Politics of Judicial Independence in Malawi Freedom House Report prepared by Rachel Ellett, PhD Contents List of Acronyms 3 Acknowledgments 4 Executive Summary 5 Summary Assessment Table 8 Part I: Introduction 12 A Report Structure 12 B Methodology 12 C Background to the Study 13 D Politics and the Malawian Judiciary 1993-2013 16 Part II: Assessing Judicial Independence in Malawi 26 A Scope of Judicial Power 26 B Differentiation and Separation of Powers 29 C Internal Institutional Safeguards 36 D Transparency 48 E External Institutional Support 50 Part III: Analysis of Judicial Interference 55 A Manipulation of Personnel 56 B Institutional Assaults 56 C Personal Attacks on Judges 59 D Budget Manipulation Resources/Remuneration 62 E Attempted Co-option of Judges 63 Conclusion 64 Annex I: Summary of Existing Policy Reports on the Courts and Rule of law in Malawi 65 Endnotes 68 2 List of Acronyms AFORD Alliance for Democracy CILIC Civil Liberties Committee DPP Democratic Progressive Party HRCC Human Rights Consultative Committee MBC Malawi Broadcasting Corporation MCP Malawi Congress Party MEC Malawi Electoral Commission MLS Malawi Law Society PP People’s Party NDA National Democratic Alliance UDF United Democratic Front 3 Acknowledgments I would like to thank the many individuals who gave their time and consent to sit down for extensive one-on-one interviews in Johannesburg and Blantyre. These frank and detailed conversations generated significant insight and detailed and specific information, without which this report would be substantially diminished. Additionally I’d like to recognize the logistical and editorial support of the Freedom House Johannesburg and Washington DC offices and in particular the collegiality and support of Cathal Gilbert and Juliet Mureriwa. -
Operation Bwezani”: the Army, Political Change, and Dr
Nordic Journal of African Studies 13(2): 146–163 (2004) “OPERATION BWEZANI”: THE ARMY, POLITICAL CHANGE, AND DR. BANDA’S HEGEMONY IN MALAWI REUBEN CHIRAMBO University of Malawi, Malawi ABSTRACT When the Malawi Army violently disarmed the Malawi Young Pioneers (MYP), a paramilitary wing of the Malawi Congress Party (MCP), in Operation Bwezani at the height of the political transition in December 1993, their action was hailed as marking a turning point in Malawi Army relationship to politics. It was also cheered as a profoundly significant catalyst for the political transition to democracy from Banda’s autocracy. This article, however, argues that the fact that for close to thirty years the army did not act against Banda or his repressive machinery even when the army itself was a victim indicates the extent of Banda’s hegemony in Malawi. Banda’s hegemony undermined the Army’s potential for resistance to oppression in Malawi. It concludes that the Army’s action to disarm MYP was the result of the civilian political transition and not necessarily the cause. The, Army, therefore, was more of a beneficiary of the political transition than a catalyst. Keywords: hegemony, oppression, political change INTRODUCTION Political change from former life president Dr. H.K. Banda’s autocracy to democracy in Malawi in the early 1990s was remarkably peaceful. This, given the repressive nature of Banda’s regime, was contrary to fears that Banda would not easily give up power. Dr. Banda led Malawi to independence from British colonial rule in 1964 and ruled the country as a single-party dictatorship of the Malawi Congress Party (MCP) up to 1993. -
At the Crossroads Freedom of Expression in Malawi
At the Crossroads Freedom of Expression in Malawi The Final Report of the 1999 ARTICLE 19 Malawi Election Media Monitoring Project March 2000 At the Crossroads Freedom of Expression in Malawi The Final Report of the 1999 ARTICLE 19 Malawi Election Media Monitoring Project ARTICLE 19 International Centre Against Censorship March 2000 © ARTICLE 19 ISBN 1-902598-18-0 i ACKNOWLEDGEMENTS This report was written by Dr Diana Cammack, Project Coordinator of the Malawi Media Monitoring Project. The project ran between February and June 1999 and was managed by Robert Jamieson. This report was edited by Richard Carver, Senior Consultant to ARTICLE 19. The report was copy-edited and designed by Liz Schofield, with assistance from Rotimi Sankore. ARTICLE 19 is grateful to those organizations that provided financial support for the monitoring project and the publication of this report: the Swedish International Development Agency (SIDA), the Open Society Initiative for Southern Africa, the European Commission, the Malawi / German Programme for Democracy and Decentralisation (MGPDD/GTZ) and the Inter-ministerial Committee for Human Rights and Democracy (GOM/UNDP). ii At the Crossroads: Freedom of Expression in Malawi 1 MEDIA FREEDOM IN THE NEW MALAWI “The UDF have had no censorship anywhere; it is a real friend of the press”. Sam Mpasu, Minister of Information, 1999 Until the end of the single-party era in 1994 Dr Hastings Kamuzu Banda and his Malawi Congress Party (MCP) maintained control partly by imposing on the nation and its people a culture of silence.1 People were afraid to speak against the government and censored themselves in word and deed. -
Malawi Report
COUNTRY OF ORIGIN INFORMATION REPORT MALAWI MARCH 2006 RDS-IND COUNTRY OF ORIGIN INFORMATION SERVICE MALAWI MARCH 2006 CONTENTS Paragraphs 1 SCOPE OF DOCUMENT ................................................................................ 1.01 2 GEOGRAPHY ............................................................................................... 2.01 3 ECONOMY ................................................................................................... 3.01 4 HISTORY ..................................................................................................... 4.01 Independence to May 1994 ...................................................................... 4.01 Bakili Muluzi government May 1994 to May 2004 .................................... 4.02 Bingu wa Mutharika government May 2004 to date ................................. 4.03 5 STATE STRUCTURES ................................................................................... 5.01 The Constitution ........................................................................................ 5.01 Citizenship and nationality ................................................................... 5.04 Political system ......................................................................................... 5.05 Overview .............................................................................................. 5.05 Political parties..................................................................................... 5.08 2004 Presidential and Parliamentary Elections -
Sedition Laws and the Requirement of Incitement to Imminent Disorderly Conduct: a Critical Analysis of Chihana V
1 Sedition Laws and the Requirement of Incitement to Imminent Disorderly Conduct: A Critical Analysis of Chihana v. Republic. By Owen Mtendeweka Mhango (Student: MHNMTE001) Research dissertation presented for the approval of Senate in fulfilment of part of the requirements for the Post Graduate Diploma in Law in approved courses and a minor dissertation. The other part of the requirement for this qualification was the completion of a programme of courses. I hereby declare that I have read and understood the regulations governing the submission of Post Graduate Diploma dissertations, including those relating to length and plagiarism, as contained in the rules of this University, and that this dissertation conforms to those regulations. Prepared at the Faculty of Law, University of Cape Town under the supervision of Professor Jonathan Burchell. 14 April 2006 2 CONTENTS A. INTRODUCTION 3-4 B. THE GENESIS OF SEDITION LAW AND EARLY APPLICATION 4-6 C. EARLY AMERICAN LEGISLATION 6-11 D. RECENT AMERICAN LEGISLATION 11-15 (a) The Smith Act and Era of Denis 11-14 (b) The Smith Act and Era of Brandenburg 14-15 E. SEDITION IN MALAWI 15-28 (a) Sedition under the Malawi Penal Code 15-26 (b) The Test for Reasonable Restriction on Speech 26-28 F. THE IMPORTANCE OF CHIHANA V. REPUBLIC 28-29 G. CONCLUSION 29-41 H. BIBLIOGRAPHY 42-46 3 INTRODUCTION Imagine we are back in 1994 and Bakili Muluzi is President of the Republic of Malawi. In recent years criticism of the government has become common. The president makes a televised address to the nation to announce his proposal to repeal sections 50 and 60 of the Penal Code of Malawi (“the Code”), relevant provisions of the Protected Flags, Names and Emblems Act, and the Preservation of Public Security Act.