Malawians calls upon SA to punish the Zulu king

Nhlalo Ndaba, Shaun Smillie and Ulemu Teputepu | 22 April, 2015 00:17

The activists in Lilongwe said that unless action was taken against the two within 48 hours, it would force South African businesses in their country to close down. File photo
Image by: THULI DLAMINI/©Sunday Times

Malawian activists have demanded that action be taken against King Zwelithini and Jacob Zuma's son for making remarks that were viewed as inciting xenophobic violence.

The activists in Lilongwe said unless action was taken against the two within 48 hours, they would force South African businesses in their country to close down. About 200 marchers presented a petition to South African High Commissioner Cassandra Mbuyane-Mokone yesterday.

Malawian police have also been out in force on the streets of the capital in case of reprisal attacks against South African businesses.

• News24 reported that South Africa had closed its embassy in Lagos, Nigeria, after anti-xenophobia protests there.
• In Botswana, routine patient referrals to South Africa have reportedly been suspended.
• Zimbabweans travelling by Intercape bus were robbed by four gunmen at the Carousel Tollgate near Hammanskraal. Intercape South Africa, which recently merged with a Zimbabwean bus company on the Zimbabwe route, confirmed the incident. It said the robbery occurred "in the line of sight of the police and toll gate staff".

Army deployed to stop Xenophobic attacks

 South Africa  minister of Defence Nosiviwe Mapisa-Nqakula said on Tuesday the  South Africa defence force  will be deployed in Alexandra and parts of KZN to help police curb attacks on foreign nationals.

Speaking at a media briefing, she said the brutal killing of  a Mozambique national Emmanuel Sithole  and attacks of two Zimbabweans was an indication that the state had to step in and claim authority. 

She said the police had requested assistance of the military after a Zimbabwean couple and other foreigners was attacked on Monday night.

“We are not coming to take over the work of the police, but we are going in to support the police," said Mapisa-Nqakula.

Mapisa- Nqakula said she was hurt when she saw the pictures of Sithole in the newspaper, adding that the pictures might have been necessary for the country to see the extent of the ongoing violence that is soiling the country’s image.

“There are criminals who are taking advantage of challenges raised by South Africans.

Mapisa-Nqakula was at pains to say that the decision was not taken lightly - saying the democratic government had decided not to deploy the army at every provocation.

“The army will be deployed because there is a crisis,” she said.

Mapisa-Nqakula was joined by State Security Minister David Mahlobo and Home Affairs Minister Malusi Gigaba.

"Why should we share our land": imbizo attendees sing

Image by: eNCA Live via YouTube

"We are going to Point‚" men from Durban's Dalton hostel sang at Moses Mabhida Stadium where under-fire Zulu King Goodwill was expected to publicly address his controversial comments - that foreigners must leave the country.

Carrying knobkerries‚ shields and other traditional weapons‚ the men made reference to Durban's Point Road where foreigners last week took up arms to defend themselves against threats of xenophobic violence.

Bussed in from different parts of the province‚ the crowd also sang songs questioning why they should share "our land".

"This is our nation‚" they sang.

About 4,000 people had arrived at the stadium to hear Zwelithini speak.

Speaking at a moral regeneration event in Pongola about a month ago‚ Zwelithini said that foreigners should pack their bags and leave.

The comments are being probed by the Human Rights Commission‚ which is investigating whether or not they constitute hate speech.

Since his comments‚ xenophobic attacks in and around Durban have claimed six lives and displaced thousands of foreigners.

Zwelithini was not likely to apologise for the comments‚ but was is expected to condemn the attacks and call for calm.

Protest as Malawian man appears on murder charge

A group of 400 residents picketed outside the Cala magistrate's court morning where Rendy Ussen of Malawi stands accused of killing his girlfriend.

The deceased has been identified as 23-year-old Zandile Dudumashe.

The discovery of her body last week sparked violence in Cala‚ resulting in four foreign-owned shops being vandalised.

Police intervened to restore peace to the community.

Provincial police spokesman Brigadier Marinda Mills last week said foreign nationals were taken to the police station and other locations to ensure their safety‚ while police and community leaders addressed and requested the public not to take the law into their own hands.

Outside court on Monday morning‚ residents stood with placards calling for bail to be denied.

The case was postponed to April 28 for an interpreter

Three men to appear in court over Sithole’s murder

Mozambique national Emmanuel Sithole is attacked by men in Alexandra township in Johannesburg. He later died from his wounds.
Image by: JAMES OATWAY/Sunday Times.

The three men arrested in connection with the killing of Mozambican Emmanuel Sithole are expected to appear in court on Tuesday‚ as the hunt for the fourth suspect continues.

murder on Saturday in Alexandra was captured by Sunday Times photographer James Oatway‚ and the images of the brutal death prompted police to offer a reward of up to R100,000 for information leading to the arrest and conviction of the culprits.

The arrests overnight were‚ reportedly‚ made with the help of the community.

Yet‚ following the attack‚ Oatway received grudging support when he attempted to remove Sithole from the scene and get him to medical help.

"Help me get him into the car. Help me‚ please‚" said photographer James Oatway‚ looking around at men gathered around him. One stepped forward‚ reluctantly.

Sithole was taken to the nearby Alexandra Day Clinic‚ where nurses did what they could‚ but as there was no doctor – he was apparently absent from the facility as he feared being attacked - he was eventually taken to the Edenvale Hospital.

Shortly after 9am‚ Sithole was pronounced dead.

SOURCE... TIMESLIVE

South Africa's Zulu king condemns "vile" anti-immigrant attacks

DURBAN, South Africa, April 20 (Reuters) - South Africa's influential Zulu king Goodwill Zwelithini on Monday described anti-immigrant attacks that have killed at least seven people this month as "vile" and "wrong".

Zwelithini has been accused of fuelling anti-immigrant unrest after local media quoted him saying foreigners should leave South Africa. He said his comments were taken out of context and condemned violence against immigrants. (Reporting by Peroshni Govender; Writing by Joe Brock; Editing by James Macharia

South Sudanese abroad petition UN chief over conflict

 More than 200 South Sudanese in different parts of the United States have petitioned the United Nations secretary general, Ban Ki-moon, urging the world body to find a comprehensive and sustainable solution to the country’s conflict.

People gather at a makeshift camp for displaced people at a UN compound in South Sudan’s capital, Juba, on 22 December 2013 amid fears for further violence (Photo: AFP/Tony Karumba)

The group, in a petition extended toSudan Tribune, backed calls for imposition of targeted sanctions and an arms embargo on any party found to be obstructing or and frustrating the young nation’s peace process, in accordance with Security Council Resolution 2206 (2015).

“We express deep concern about the speech President Kiir delivered at a public rally in Juba on March 18, 2015 in which the President seemed to renege on most of the issues both sides had agreed upon in the recent inconclusive peace talks in Addis Ababa”, partly reads the 26 March request.

The petitioners, in their appeal, also called for immediate release of the findings of the African Union Commission of Inquiry on South Sudanese crisis, arguing that the continued withholding of the report encourages impunity, emboldens the perpetrators of the heinous crimes committed in the capital, Juba and other parts of the country.

This, they argued, does not serve the cause of justice for the victims of these crimes.
The group of activists also called for immediate withdrawal of the Uganda People Defense Forces (UPDF) from South Sudan’s territory.

“Uganda’s involvement in the war in support of the government of South Sudan undermines its role in mediating peace between the parties to the conflict, complicates the peace process, and may be contributing to the failure to achieve peace in South Sudan”, adds the petition.

The group further advocated for the active involvement of the Troika countries and other international stakeholders in the peace process alongside the Inter-governmental Authority on Development (IGAD) member countries, insisting that the active participation of the Troika will give the process the impetus needed to end the conflict.

They also called for comprehensive and sustainable peace that tackles fundamental issues of governance and all conditions that contributed to emergence of the conflict.

“We specifically call for the adoption of a democratic federal system of government as one of the solutions to the ending the war in South Sudan”, further stressed the petition.

Tens of thousands of people have been killed and millions displaced since conflict broke out in the young nation in December 2013. Aid agencies estimate that over three million of the population in the world’s youngest nation could face severe starvation.

Journalists Have Crucial Roles to Play in South Sudan

 Things will be better if both warring parties agree that consciousness of the culture of peace and non-violence is key to the future of this nation, and then the mass media has the potential to play a key role in developing a culture of peace and non-violence.

Unfortunately, the mass media has not been given chance to exercise its potential mandate to the entire population of South Sudan. In other concept it has almost completely been ignored by authorities inside and outside the country due to their daily preaching culture of peace and non-violence to people.

This is the conclusion of many of the organizations who have contributed to the Civil Society during the violence took off  in the nation by then and now report to the United Nations who have listed the security arena “blackout” as one of the chief obstacles to their work.

Not only does the authority ignore the culture of peace, but also they support privilege news of the culture of war and violence in the nation.

For me this comes as no surprise. As a result of my experience trying to analyze daily expression of the people of South Sudan toward their own crisis and their perception at large through commends people always as violence concern. To my understanding, our people suggests that the Violence confronts an active resistance in the mass media and related social institutions more than it confronts an inherent ignorance or ‘psychological inertia’ in ordinary people.

The myth that war is part of human nature does not appear to be so much an inherent component of ‘common sense’ so much as it is the end result of a campaign of psychological propaganda that has been promulgated in the mass media in order to justify political policies of militarism. Several types of evidence support this hypothesis.

First, one can point to increasing publicity in recent war in the mass media for the myth that war and violence are intrinsic to human nature. Another kind of evidence comes from some opinions obligation more likely to believe in the myths of the biological inevitability of violence. There was a great deal of racist propaganda during Sudan conflict with SPLM /A rebel till 2005 when the reach compressive peace agreement that ended 21 years of war in Sudan.

Such racist propaganda may be seen as a last-resort effort by those who had a vested interest in South Sudan resources and colonialism to defend these institutions by appealing to the vulnerable belief systems of individual psychology at a time when they could no longer justify the institutions by economic or political arguments.

Does today’s propaganda about the tribal basis of warfare derive from a similar effort by those with a vested interest in militarism and who can no longer justify it on economic and political grounds? If this thesis is valid, then we should expect more rather than less resistance to publicizing the message of the constitutional statement as we succeed in getting more publicity from peripheral sectors of the mass media and educational systems, and as we continue to approach the more resistant and central sectors that are linked either ideologically or financially to the military-industrial complex.

The country constitution free media houses to alert the general public on information they founded with clear source of origin. We are faced with a more difficult task of engaging in a kind of psychological warfare with certain department of the government and related institutions who are engaged in producing the very ignorance that must be challenged.

If anything, the difficulty we face may become greater as time goes on, for the more the political and economic justifications for war are discredited, the more we may expect these sectors to fall back on the psychological justifications for war.

If this is correct, the struggle for culture of peace in the mass media needs to receive top priority and careful strategy. For example, efforts such media should basically do with information alert to general public in systematic way addressing news to the nation with the spirit of Peace and non-violence to the people of the nation.

A Media houses represent person hears in daily activities of government within and outside the nation to see and inform the people about the things and progress of the government on developmental issues. Therefore, media networks are not threat to the government as people uses to say during their daily expression.

The working of media houses such as Juba Monitor, Juba Telegraph, New Times, Citizen Newspaper and televisions is not against the government or threatening any authority in the nation.

The main work and mandate of media houses is connect-ability of the general public and government authority to one channel of common understanding in the country, government may not work well without people the same to the people. Any information to the public is channel to media for easy circulation of information across the country.

Therefore, the media departments act as morning cock to the nation. They wake-up the nation on critical situations and crucial times of the nation.

IGAD: another deadline for peace in South Sudan

After the disappointing deadline of March 5, the role of IGAD in continuing mediating the South Sudan peace talks came under scrutiny.

 The question is less about what went wrong with the IGAD-led mediation but rather what lessons we can learn to improve the mediation of the next peace talks.

Recently some non-state actors consisting of civil society, media, women, traditional authorities, faith-based institutions and academia held a meeting in Juba to evaluate the IGAD-led peace mediation.

Despite bitter criticism of the poorly managed mediation, the participants recognised that IGAD is the only regional organisation mandated to resolve conflicts in the region.

Given the subsidiarity principle and the geopolitics of the region, IGAD is well situated to continue mediating the peace talks, using a new design of mediation.

The participants also agreed to expand the IGAD mediation to include other countries that can add value and have sufficient economic, political, diplomatic and military weight.

 The meeting also recommended the new mediation to learn from the CPA experience of having one main mediator, accepted by all the parties.

While the participants affirmed the principle of an inclusive process, a multi-process of engaging stakeholders was accepted. This would include direct negotiations between the warring parties, provided that the outcome is brought to the plenary of all stakeholders.

The meeting also stressed the added value of the Arusha Agreement in resolving the outstanding issues in the IGAD-led mediation.

 With the failure of the peace talks in Ethiopia, the warring parties have started pursuing the option of war, as seen recently by increased violations of the cessation of hostilities agreement.

The question is: What can be done to encourage the warring parties to engage in peace talks but in good faith? A recent report, titled ‘South Sudan:

 The Cost of War’, indicates that every minute spent on the war effort will make the task of putting South Sudan on the path of sustainable peace and stability more difficult.

 The report shows that if the conflict continues for another one to five years, it will cost South Sudan an estimated $28 billion.

 In addition, the region could save up to $53 billion and the international community $30 billion if the war stopped today.

 The report stressed the urgent need for the warring parties, the region and the international community to take action to bring peace to South Sudan.

 A possible action of encouraging the warring parties to conclude peace deal is to enforce targeted UN sanctions on individuals who are obstructing the peace talks.

Although these sanctions may target individuals, there is need for a thorough assessment of their impact on the people of South Sudan, the region and the international community.

 A recent evaluation of the effectiveness of UN targeted sanctions shows that they are effective only in one-third of the time in changing the behaviour of targeted individuals, constraining them from engaging in certain activities or stigmatising them.

 UN targeted sanctions are often evaded through the diversion of assets through a third party, the use of black markets or safe havens, the diversification of funds and investments, and reliance on family members.

 Besides, the report shows that sanctions do have unintended consequences, such as an increase in corruption and criminality, the strengthening of authoritarian rule, a burden on neighbouring states, diversion of resources and a negative humanitarian impact.

Given the complex context of South Sudan, the unintended consequences of UN targeted sanctions will certainly be borne by the people of South Sudan, with far-reaching consequences on their lives and livelihoods. In addition, neighbouring countries such as Sudan, Kenya, Uganda and probably Ethiopia would not be receptive in implementing the sanctions given their economic and security interests in South Sudan and the possible impact of the sanctions on their economies.

Another option for the region is to use the much-awaited report of the AU commission of inquiry to encourage the warring parties to conclude the peace agreement without compromising on issues of justice. Although the content of the report is not known, the leaked report may provide a hint of what is expected from the final report.

 It is most likely that some senior leaders of the warring parties will be the prime suspects of the atrocities committed since the eruption of the conflict in December 2013. It is understandable that the release of the report should be managed in such a way not to obstruct the peace talks.

 Given the fact that the warring parties committed themselves to issue of justice in Arusha Agreement, the African Union in collaboration with IGAD, the Troika, the EU and the UN could use the AU report as a carrot or stick when appropriate in encouraging the warring parties to conclude a peace agreement. Another option is the leaked IGAD action plan for resolving the conflict in South Sudan by April 18.

 Unlike previous deadlines, when the warring parties were given a chance to agree on the contentious issues, the new action plan aims at proposing a final and binding peace agreement to be signed by the parties by April 18.

 If the leaked document reflects the true IGAD action plan, then the challenge is how to inform this process so that it reflects the aspirations of the people of South Sudan and reduces the risk of bringing a ‘bad peace’.

 As a good peace is becoming unattainable due to the intransigent positions of the warring parties, the remaining choice for the people of South Sudan is whether to have a bad or imposed peace, or war.

The remaining outstanding issues are two armies, federalism, power-sharing, the choice between the position of prime minister or an additional vice-president, and succession. With the exception of federalism, all these issues are less of concern to the people of South Sudan.

 The security concerns rightly raised by the SPLM-in-Opposition can be resolved by increasing the pre-interim period, to build trust between the warring parties and establish appropriate security guarantees rather than having two armies. The issue of federalism is less contentious.

It has been agreed in principle as the appropriate system of government for managing diversity in South Sudan. However, its adoption requires a thorough study and engagement of the citizens as part of the constitution-making process.

 The other issues of power-sharing, the position of prime minister or another vicepresident, and succession can either be resolved in the context of the SPLM reunification agreement in Arusha or through logical assessment, as reflected by previous IGAD proposals and its protocol of August 25, 2014.

One would expect the newly expanded IGAD-plus mediation, with South Africa, Rwanda, Chad and Algeria added, to be bold in proposing a draft agreement guided by the overwhelming desire for peace of the people of South Sudan.

If the proposed agreement would subject the remaining issues to the will of the people, then it cannot be termed a bad peace.

 However, it would be appropriate that all the stakeholders, and particularly the warring parties, are given a last chance to discuss the proposed peace agreement before it is signed into a final agreement.

The author is the director of the Centre for Peace and Development Studies at the University of Juba. He is also a global fellow at the Peace Research Institute in Oslo and an associate fellow at the Carr Centre for Human Rights Policy at Harvard Kennedy School. He can be reached on luka_kuol@hks.harvard.edu

Malawi to hand over the chairmanship SADC to Zimbabwe

In a summit to be held in Zimbabwe on 18^th August 2014  Malawi is expected to hand over the chairmanship of the Southern Africa Development Community (SADC) to Zimbabwe, Malawi Minister of Information Kondwani Nakhumwa confirmed in an interview.

According to Nakhumwa the hand over will take place at the 34^th Ordinary Summit  Meeting  of the SADC Heads of state and Governments scheduled to take place in Zimbabwe on the 17^th to 18^th of August 2014.

He further said further said that  as part of handing over the chairmanship Malawi’s Secretary for Foreign Affairs and International Cooperation, George Nkondiwa has already handed over  the seat to his Zimbabwean counterpart on 10^th August.   

The objective of the Summit is, among others, to undertake an overview assessment of the political and socio-economic development in the region; consider the Report on the Revised Regional Indicative Strategic Development Plan (RISDP) for 2015-2020; the Report on the SADC Tribunal; as well as the Appointment of the Deputy Executive Secretary responsible for Finance and Administration.

In addition, the Summit will also receive reports from the ongoing Chairperson of SADC and  the SADC organ on politics, defence  and security cooperation.

Progress reports on the SADC  Strategic Challenge, SADC  Vision 2050 are also expected to received at the summit before the delegates consider legal instruments to be signed.

The Zimbabwean Summit will be held under the theme “ SADC Strategy  for Economic Transformation; Leveraging the region’s  diverse resources for sustainable economic and social development through beneficiation and value addition.”

 

 Malawi president  Peter Mutharika, will  also present a report on the activities undertaken during the period under review. The Malawi’s SADC Chairmanship was held under theme “Agriculture development and agro-industries: Key for Economic Growth and Poverty Eradication in the SADC Region” focusing on the empowerment of women and the youth.

UN Demands Malawi Position on Gays Rights

The United Nations Human Rights Committee has demanded Malawi government to come out and announce its stand on calls to decriminalize same sex marriage in the country. 

" Please provide information on the findings of the Law Commission with regards to its review of the penal Code, in particular Section 137 (A) 157 and 156 in the context of the Human Rights Committee's previous recommendation to decriminalize consensual same- sexual activity," reads the UN Commiittee issue's paper.

The call follows a meeting between Civil Society Organisations ( CSO) and UN rights committee on Monday which was organised with an aim to provide an alternative position on the human rights situation in Malawi mainly focusing on gay rights.

Center for the Development of People (cedep) executive director Gift Trapence called upon the committee to push Malawi government to provide adequate protection against gays in the country.  

Trapence urged the UN rights committee to make a strong recommendation  to Malawi government  to treat everyone  in its territory with respect and as full bearers of rights without discrimination of nay kind, including on the basis of real or perceived sexual orientation or gender identity." 

The Malawi government delegation led by the countries Secretary for Justice and Solicitor General Janet Banda has a session with the committee this week to provide responses to human rights issues raised by the UN in respect of the international Covenant on Civil and Political Rights (ICCPR) country report presented in April 2012

But commenting on the Issue chairperson of the  Malawi Human Rights Commission Sophie Kalinde said Malawi government should be commended  for opening up on the issue of gay rights. 

She said the commission has never received any complaints regarding discrimination based on sexual orientation and that most of the people arrested were on charges of child molestation.  

Meanwhile the  United Nations Humans Rights Committee is now recognizing the gay marriages of all its staffers including those working in its agencies such as the children's agency Unicef and cultural agency UNESCO around the globe.

Previously, the UN only recognized the unions of staffers who came from countries where gay marriage is legal.

U.N Secretary General Ban Ki-moon announced Monday it would recognize the gay marriages of all its staffers, in a major policy shift that opens the door for the spouses of homosexual employees to enjoy the same benefits as the husbands and wives of their heterosexual colleagues.

"The policy applies to all U.N employees, including those who work at separate agencies and programs such as UNICEF and UNESCO.

The change means gay spouses of U.N. employees can get health insurance coverage and the chance to accompany spouses on their home leave every couple of years, among others.      

According to U.N website, the new policy became effective June 26, and will impact the U.N.'s approximately 43,000 employees worldwide.

Gay marriage is legal in 18 countries with prejudice remaining deep in main countries, and an extreme case is Uganda, which in February this year passed a law making gay sex punishable by a life sentence, according to the Pew Research Center.

Meanwhile, the U.N. General Assembly is underway in Geneva, Switzerland where a Malawi delegation is also in attendance.

Read the Section Joyce Banda cited to nullify elections

CHAPTER VIII
THE EXECUTIVE
The President	78.		There shall be a President of the Republic who shall be Head of State and Government and the Commander-in-Chief of the Defence Forces of Malawi.
Vice-Presidents 31 of 1994	79.		There shall be a First Vice-President and, subject to section 80 (5), a Second Vice-President both of whom shall assist the President and who shall exercise the powers and perform the functions conferred on the First Vice-President or the Second Vice-President, as the case may be, by this Constitution or by any Act of Parliament and by the President.
Election of the President and the Vice-President  31 of 1994  6 of 1995  38 of 1998	80. -		The President shall be elected in accordance with the provisions of this Constitution in such manner as may be prescribed by Act of Parliament and, save where this Constitution provides otherwise, the ballot in a Presidential election shall take place concurrently with the general election for members of the National Assembly as prescribed by section 67 (1). The President shall be elected by a majority of the electorate through direct, universal and equal suffrage. Every presidential candidate shall declare who shall be his or her First Vice-President if he or she is elected at the time of his or her nomination. The First Vice-President shall be elected concurrently with the President and the name of a candidate for the First Vice-President shall appear on the same ballot paper as the name of the Presidential candidate who nominated him. Where the President considers it desirable in the national interest so to do, he or she may appoint a person to the office of Second Vice-President and may do so upon taking his or her oath of office or at any time thereafter or upon a vacancy in the office of Second Vice-President; and, where no person has been appointed to the office of Second Vice-President then -
				the provisions of this Chapter making reference to that office shall be read mutatis mutandis; and the office of First Vice-President shall be known as the office of Vice-President as if section 79 created the office of a Vice-President only: Provided that where the President was elected on the sponsorship of a political party, then he or she shall not appoint a Second Vice-President from that political party.
			Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person-
				is a citizen of Malawi by birth or descent; and  has attained the age of thirty-five years.
			No person shall be eligible for nomination as a candidate for election as President or First Vice-President or for appointment as first Vice-President or Second Vice-President if that person-
				has been adjudged or declared to be of unsound mind; is an undischarged bankrupt having been declared bankrupt under a law of the Republic; has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
38 of 1998				owes allegiance to a foreign country;  is the holder of a public office or a member of Parliament, unless that person first resigns;  is a serving Member of the Defence Forces or Malawi Police Force; or has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of the members of Parliament.
Oath of office  31 of 1994	81. -		Before a person elected to be President or First Vice-President or appointed to be First Vice-President or Second Vice-President takes office that person shall take the following oath which shall be administered in public by the Chief Justice- "I.......do solemnly swear that I will well and truly perform the functions of the high office of President (or Vice-President) of the Republic of Malawi, and that I will preserve and defend the Constitution, and that I will do right to all manner of people according to law without fear or favour, affection or ill-will. So help me God."    Instead of taking an oath, the President, First Vice-President or Second Vice-President may, if he or she thinks fit, make an affirmation which shall be in the like form with the substitution of "affirm" for "swear", and the omission of the final sentence. A person elected to be President or appointed to be First Vice-President or Second Vice-President shall be sworn into office, in accordance with sub-section (1), within thirty days of being elected or appointed. The President, First Vice-President and Second Vice-President shall hold office until such time as his or her successor is sworn in.
Remuneration  31 of 1994	82.		The President, First Vice-President and Second Vice-President shall receive such salary, allowance or pension as may, from time to time, be determined by an Act of Parliament in consultation with the President and shall have such adequate number of residences and personal staff, at State expense, as an Act of Parliament may prescribe.
Tenure of office  31 of 1994  1998	83. -		The President shall hold office for five years from the date that his or her oath of office is administered, but shall continue in office 38 of until his or her successor has been sworn in The First Vice-President and the Second Vice-President shall hold office from the date of the administration of the oath of office to them until the end of the President's term of office unless their office should come to an end sooner in accordance with the provisions of this Constitution. The President, the First Vice-President and the Second Vice-President may serve in their respective capacities a maximum of two consecutive terms, but when a person is elected or appointed to fill a vacancy in the office of President or Vice- President, the period between that election or appointment and the next election of a President shall not be regarded as a term. Whenever there is a vacancy in the office of President, the First Vice-President shall assume that office for the remainder of the term and shall appoint another person to serve as First Vice-President for the remainder of the term.
Death or resignation Vice-President  31 of 1994	84.		If the First Vice-President and Second Vice-President dies or resigns from office, the vacancy shall be filled for the unexpired period of that term by a person appointed by the President.
Vacancy of office of President and Vice-President  31 of 1994	85.		If at any time both the office of President and First Vice- President become vacant then the Cabinet shall elect from among its members an Acting President and Acting First Vice-President who shall hold office for not more than sixty days or, where four years of a Presidential term have expired, for the rest of that Presidential term.
Removal from office  31 of 1994  6 of 1995	86. -		The President or First Vice-President shall be removed from office where the President or First Vice-President, as the case may be, has been indicted and convicted by impeachment. The procedure for impeachment shall be as laid down by the Standing Orders of Parliament, provided that they are in full accord with the principles of natural justice and that -
				indictment and conviction by impeachment shall only be on the grounds of serious violation of the Constitution or serious breach of the written laws of the Republic that either occurred or came to light during the term of office of the President or the First Vice-President; indictment on impeachment shall require the affirmative vote of two-thirds of the members of the National Assembly in a committee of the whole house; conviction on impeachment shall require the affirmative vote of two-thirds of the members of both Chambers; conviction in cases of impeachment shall cause the removal, and disqualification from future office, of the office holder; and conviction by way of impeachment shall not act as a bar to legal proceedings.
			The President shall have power to remove the Second Vice-President from office.
Incapacity  31 of 1994	87. -		Whenever the President is incapacitated so as to be unable to discharge the powers and duties of that office, the 6 of 1995First Vice-President shall act as President, until such time, in the President's term of office, as the President is able to resume his or her functions. The President shall not be deemed to be incapacitated for the purposes of this section until and unless -
				there is a written declaration, certified by a board of independent medical practitioners, that the President is unable to discharge the duties of the office of President; the declaration is signed by the First Vice-President and a majority of the Cabinet, holding office at that time; and the declaration is submitted by the First Vice-President to the Speaker of the National Assembly.
			Upon submission to the Speaker of a declaration under subsection (2), the First Vice-President shall immediately assume the powers and duties of the office of President as Acting President. Where the President has been declared to be incapacitated in accordance with subsection (2) the President may, at any time thereafter, submit to the National Assembly a written declaration, certified by a board of independent medical practitioners, stating his or her fitness to carry on the duties of the office of President: Provided that -
				upon receipt of such a declaration from the President, the National Assembly shall have thirty days within which to determine whether or not the President is in fact or not so incapacitated as to be unable to discharge the duties of the office of President; and if the National Assembly determines that the President remains so incapacitated so as to be unable to discharge the duties of the office of President, by an affirmative vote of two-thirds of all of its members, the First Vice-President shall continue to act as President until the National Assembly determines that the President is again fit to assume the duties and powers of the office of President; or if the National Assembly determines that the President is no longer so incapacitated as to be unable to discharge the duties of the office of President by an affirmative vote of two-thirds of the National Assembly, the President shall resume the duties of the office of President within thirty days of that vote.
			If, on the expiry of twelve months from the date of the Speaker being notified of the incapacity of the President, the National Assembly has not determined that the President is fit to perform duties of the office of President in accordance with subsection (4), then a Presidential election shall be held. The provisions of this section shall apply mutatis mutandis to the incapacity of the First Vice-President except that the certificate shall then be signed by the President and be submitted to the Speaker by the President and the functions of the First Vice-President shall be carried out by such other member of Cabinet as the President may appoint. Every board of independent medical practitioners required for the purposes of this section shall be selected in accordance with the procedure laid down in the Standing Orders of Parliament.
Responsibility of the President  31 of 1994  6 of 1995	88. -		The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall, as Head of State, defend and uphold the Constitution as the supreme law of the Republic. The President shall provide executive leadership in the interest of national unity in accordance with this Constitution and the laws of the Republic. The President and members of the Cabinet shall not hold any other public office and shall not perform remunerative work outside the duties of their office and shall, within three months from the date of election or appointment, as the case may be, fully disclose all of their assets, liabilities and business interests, and those of their spouses, held by them or on their behalf as at that date; and, unless Parliament otherwise prescribes by an Act of Parliament, such disclosure shall be made in a written document delivered to the Speaker of the National Assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the Standing Orders of Parliament. Any business interests held by the President and members of the Cabinet shall be held on their behalf in a beneficial trust which shall be managed in such manner as to ensure conformity with this section. The President and members of the Cabinet shall not use their respective offices for personal gain or place themselves in a situation where their material interests conflict with the responsibilities and duties of their offices.
Powers and duties of the President	89. -		The President shall have the following powers and duties -
				to assent to Bills and promulgate Bills duly passed by Parliament; to convene and preside over meetings of the Cabinet; to confer honours; to make such appointments as may be necessary in accordance with powers conferred upon him or her by this Constitution or an Act of Parliament; subject to this Constitution, to appoint, accredit, receive and recognize ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; to negotiate, sign, enter into and accede to international agreements or to delegate such power to ministers, ambassadors and high commissioners; to appoint commissions of inquiry; to refer disputes of a constitutional nature to the High Court; and to proclaim referenda and plebiscites in accordance with this Constitution or an Act of Parliament.
			The President may pardon convicted offenders, grant stays of execution of sentence, reduce sentences, or remit sentences: Provided that -
				decisions under this subsection shall be taken in consultation with an Advisory Committee on the Granting of Pardon, the composition and formation of which shall be determined by an Act of Parliament; and judgements in cases of impeachment of the President or Vice-President shall not be liable to pardon by the President.
			The President shall each year, immediately before the consideration of the official budget, attend Parliament and shall -
				address Parliament on the state of the nation and on the future policies of the Government at that time; report on the policies of the previous year; and respond to questions.
			The President shall be called to Parliament to answer questions at such times as may be prescribed by the Standing Orders of Parliament or on a motion of the National Assembly or Senate. Subject to this Constitution and any Act of Parliament, the President shall exercise all other powers reasonably necessary and incidental to the functions of his or her office in accordance with this Constitution. The powers and functions of the President shall be exercised by him or her personally or by a member of the Cabinet or by a government official to whom the President has delegated such power in writing.
Confirmation of decisions, etc., of the President	90. -		Decisions of the President shall be expressed in writing under his or her signature.
			The signature of the President on any instrument shall be confirmed by the Public Seal.
Immunity	91. -		No person holding the office of President or performing the functions of President may be sued in any civil proceedings but the office of President shall not be immune to orders of the courts concerning rights and duties under this Constitution. No person holding the office of President shall be charged with any criminal offence in any court during his [or her] term of office, except where he or she has been charged with an offence on impeachment. After a person has vacated the office of President, he or she shall not be personally liable for acts done in an official capacity during his or her term of office but shall not otherwise be immune.
Cabinet  31 of 1994	92. -		There shall be a Cabinet consisting of the President, the First Vice-President, the Second Vice-President and such Ministers and Deputy Ministers as may, from time to time, be appointed by the President. The Cabinet shall exercise the powers and functions assigned to it by this Constitution or an Act of Parliament and shall be responsible for advising the President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President. Cabinet meetings shall be presided over -
				by the President; or in the temporary absence of the President, by the First Vice-President; or in the temporary absence of both the President and First Vice-President, by the Second Vice-President.
			There shall be a Secretary to the Cabinet who shall be appointed by the President and whose office shall be public office and who shall -
				have charge of the Cabinet office; be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes of the Cabinet; convey the decisions of the Cabinet to the appropriate persons or authorities; and  have such other functions as the Cabinet may direct.
Government departments	93. -		There shall be Ministers and Deputy Ministers who shall be appointed by the President and who shall exercise such powers and functions, including the running of Government departments, as may be prescribed by the President subject to this Constitution. Every Government department shall be under the supervision of a Principal Secretary who shall be under the direction of a Minister or Deputy Minister, and whose office shall be a public office.
Appointment of Ministers  6 of 1995	94. -		The President shall have the power to appoint Ministers or Deputy Ministers and to fill vacancies in the Cabinet. A person shall not be qualified to be appointed as a Minister or Deputy Minister unless that person -
				is a citizen of the Republic who upon taking office, has attained the age of twenty-one years; is able to speak and [to] read the English language; and is registered as a voter in a constituency.
			Notwithstanding subsection (2), no person shall be qualified to be appointed as a Minister or Deputy Minister who -
				owes allegiance to a foreign country; is, under any law in force in the Republic, adjudged or otherwise declared to be of unsound mind; has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the Republic; holds or acts in any public office or appointment, except where this Constitution explicitly provides that a person shall not be disqualified from standing for election solely on account of holding that office or appointment, or where that person resigns from that office in order to stand; belongs to, and is serving in the Defence Forces of Malawi or in the Malawi Police Force; has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of the members of Parliament.
Oath of office and removal of Minister or Deputy Minister	95. -		No Minister or Deputy Minister shall assume office, unless an oath or solemn affirmation was taken and executed in public in a manner prescribed by an Act of Parliament. The President shall have the power to remove Ministers or Deputy Ministers from their posts.
Duties and functions of the Cabinet	96. -		The members of the Cabinet shall have the following functions -
				to advise the President; to direct, co-ordinate and supervise the activities of Government departments, including parastatal bodies; to initiate Bills for submission to the National Assembly and to explain those Bills; to prepare, explain and formulate for the Parliament the budget of the State and its economic programmes; to be available to Parliament for the purposes of answering any queries or participating in any debate pertaining to the content of the policies of the Government; to assist the President in determining what international agreements are to be concluded or acceded to and to inform Parliament thereon; to take responsibility for the implementation and administration of laws; and to carry out such other functions reasonably necessary for the performance of their duties in accordance with this Constitution, as may be prescribed by an Act of Parliament or the President.
			In performing the duties and functions referred in this section the Cabinet shall make legislative proposals available in time in order to permit sufficient canvassing of expert and public opinion.
Ministerial accountability	97.		All Ministers shall be responsible to the President for the administration of their own departments.
The Attorney General	98. -		There shall be the office of Attorney General, who shall be the principal legal adviser to the Government. Such powers as are vested in the office of the Attorney General may be exercised by the person appointed to that office or such other persons in the public service, acting as subordinates of that person and in accordance with his or her general and specific instructions. Appointment to the office of Attorney General shall be made by the President. The office of Attorney General shall become vacant after the person holding that office has served for five years, or on his or her resignation or retirement, whichever is sooner, provided that the person holding that office may be nominated for such further terms, not exceeding five years, as the President considers appropriate. The office of Attorney General may either be the office of a Minister or may be a public office. The Attorney General shall be subject to removal by the President on the grounds of incompetence, incapacity or being compromised in the exercise of his [or her] duties to the extent that his [or her] ability to give impartial legal advice is seriously in question.
The Director of Public Prosecutions  1 of 1997	99. -		There shall be a Director of Public Prosecutions, whose office shall be a public office.  The Director of Public Prosecutions shall have power in any criminal case in which he [or she] considers it desirable so to do-
				to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any criminal proceedings which have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgement is delivered any criminal proceedings instituted or undertaken by himself or herself or any other person or authority.
			Subject to section 101 (2), the powers conferred on the Director of Public Prosecutions by subsection (2) (b) and (c) shall be vested in him or her to the exclusion of any other person or authority and whenever exercised, reasons for the exercise shall be provided to the Legal Affairs Committee or Parliament within ten days:  Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.  For the purposes of this section, any appeal from any judgement in any criminal proceedings before any court, or any case stated or question of law reserved to any other court for the purpose of any such proceedings, shall be deemed to be part of those proceedings: Provided that the Director of Public Prosecutions shall not exercise the power under subsection (2) (c) to discontinue proceedings with respect to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.
Delegation of powers to prosecute	100.		Save as provided in section 99 (3), such powers as are vested in the office of the Director of Public Prosecutions may be exercised by the person appointed to that office or such other persons in the public service, acting as his or her subordinates and in accordance with his or her general and specific instructions in accordance with an Act of Parliament. Notwithstanding subsection (1) -
				the person appointed to the office of Director of Public Prosecutions shall be accountable to the Legal Affairs Committee of Parliament for the exercise of such powers in his or her own behalf and those powers exercised on his or her behalf by subordinates in accordance with subsection (1); and an Act of Parliament shall prescribe restrictions relating to the exercise of powers under this section by any member of the Malawi Police Force.
Appointment of the Director of Public Prosecutions  6 of 1995  1 of 1997	101.		Appointment to the office of Director of Public Prosecutions shall be made by the President and confirmed by the Public Appointments Committee subject to satisfying requirements as to competence of the person so appointed to perform the duties of that office and as to capacity of a person so appointed to pursue prosecutions independently. In the exercise of the powers conferred on him or her by this Constitution or any other law, the Director of Public Prosecutions shall be subject only to the general or special directions of the Attorney General but shall otherwise act independent of the direction or control of any other authority or person and in strict accordance with the law:  Provided that the Director of Public Prosecutions or the Attorney General may be summoned by the Legal Affairs Committee of Parliament to appear before it to give account for the exercise of those powers.
Removal of the Director of Public Prosecutions	102.		The office of the Director of Public Prosecutions shall become vacant after the person holding that office has served five years or on his or her resignation or retirement whichever is sooner: Provided that the person holding that office may be appointed for such further terms, not exceeding five years, as the President considers appropriate.  A person holding the office of the Director of Public Prosecutions may be removed from the office by the President before the expiration of his or her term of office, if the President is satisfied that the person holding that office-
				is incompetent in the exercise of his or her duties; is compromised in the exercise of his or her duties to the extent that his or her ability to exercise his or her functions impartially is in serious question; is otherwise incapacitated; or has attained the age prescribed for retirement.