Saturday, 12 May 2012

The early indicators about President Mrs Joyce Banda's Presidency

There many Malawians I have talked to who say it is too early to place
any degree of judgment on the performence of President Joyce Banda.
Give her a break the lady has just taken over the Office

Perhaps that's so but Joyce Banda has come from outside. She was
Bingu's Vice President and although there had been apparently some bad
blood between the two any claim that she is new to doesn't wash. It
the first few day in the Office that provide the nation the direction
and tone of the President and her Administration - the President's
actions, speeches and the very posture

Two reported actions of the President's I find rather disconcerting:

a. The President's appointment of Perliamentary leaders. Perhaps the
Constitution of the Republic of Malawi gives the President that
authority. I haven't checked but this part of my ignorance doesn't I
think in anyway excuse the anomaly. A government consists of three
branches nameli Legislature, Executive and the Judiciary. I expect the
Constitution clear states that there is between these branches the
Separation of Powers. I understand by this to mean the legislature
must ont function like they are the executive or Judiciary. the same
applies to the executive and the Judiciary, The principle of
Separation of Powers is for the protection of the peoples of the
country. These branches like parts of a living body are interdependent
- a necessity for the proper functioning of the entire government but
without compromising the principle of Separation of Powers

If news item is correct that said President Mrs Joyce Banda appointed
Parliamentary Leaders then I find that action to compromise that time
honoured principle of separation of powers in a truly free and
democratic country. The Parliament in such states elect its own
leaders in a session convened for that purpose. Preserving the
independence of Parliament, protecting democracy as well as freedom of
the citizens

This event is one of the reasons why in Malawi we need Constitutional
Reform. Perhaps a complete rewriting of the Malawi Constituion is more
appropriate. In its present form the Constitution encourages
dictatorship. A Constitution is meant to limit the authority of
elected representatives. It would appear this is not the case in our
country. Any wonder malawi has had only dictatorships for all thsese
decades - since 1964? My fellow citizens you are the Sovereign,
Authority is yours and it must be you to lend part of that your
authority to the elected government officers. I suppose the present
Constitution does not express your will. It doesn't express my will at
all. PAC is now silent on their demand for Constitutional Reform. This
their demand must be carried through. We must stop building our nation
around personalities. It is time now to make Malawi a nation of laws -
not a nation of men. Now that Mrs Joyce Banda is President does not
remove the dire need for reformingthis Constitution or better still
writing a new one. A constitution is supposed to a living document and
as such need to change as time and people change

b. Donations

This unethical chain practice started by Kamuzu Banda apparently has
assumed a life of its own. Muluzi, Bingu not only continued the
malpractice they extended it. Muluzi even used to throw Banknotes to
crowds at public meeting! And poor Malawian scramble to have a grab of
some notes. Those able cheered. Joyce Banda is doing the same. For one
big reason I expected her never to it. But she is continuing the
malpractice. A Government holds all the country's resources in trust
for the people. The President as Chief Executive Officer controls the
resources such as the country's Treasury. Do these Presidents of
Malawi, previous and present, dead and alive failt o see any conflict
of interest in thie distasteful conduct? How do the people of Malawi
tell that the donations come from their taxes? Besides it show the
President is campaigning already at the expense of taxpayers and to
the disadvantage of other Presidential hopefuls in opposition parties
and even in her own party. That is unethical. That is an excercise in
the creattion of personality cults as well as in personalising the
government. And the country to have forever dictators - providing them
doors for illegal self enrchment. And poor Malawians? Perpetual

I'm roundly disappointed in President JB

Now it's for and I fellow country to reclaim our sovereignty, our
authority. Lets once and for all decide which of our authority we give
to the federal government specifing which for Parliament, which to
President and whuch to Judiciary. Then which of our authority we lend
to provincial government - Parliament, Governor, Judiciary
in a a new Constitution of the republic of Malawi. Our country

By Aston Cheyo Nyondo

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