The interview that has sent Kasambara to jail
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BLANTYRE (Malawi Democrat) -Lawyer Wapona Kita believes human rights activist and former attorney general Ralph Kasambara was a target for attack and later arrested because of “certain statements he’s made against the government.”
Kasambara gave newspaper interview with The Weekend Nation calling on President Bingu wa Mutharika to resign.
Malawi Democrat reproduces the interview Kasambara did with Paida Mpaso of Weekend Nation.
Why is this strike on?
The strike follows grievances raised by the Judiciary staff in 2006. Early that year [2006], it was about the conditions of service and the dictates of the Constitution. The Judiciary got into negotiations with the National Assembly [Parliament] and they agreed that particular terms and conditions of service were going to apply so they would increase salaries.
After Parliament agreed, it was now left in the hands of the Executive arm of government to implement the revised work service and not question the implementation.
The court ruled in favour of the Malawi Law Society by making two specific pronouncements: first that the National Assembly had actually determined the terms and conditions of the Judiciary, and that the Executive branch could not question the process, and could not even question the amounts, their duty was simply to comply because it was a constitutional requirement; secondly, the court made specific order which said the amounts must be as they had been said by the National Assembly, this was on September 2 2007.
Now you can imagine that from September 2007 up to now, nothing has been done. The salaries were supposed to be revised and be sorted out and the Executive branch led by the President has not complied. So, you can see that these are people who have been without any salary adjustment for the past five years, as per the Constitution, but they kept going to work hoping that their dues would be settled.
So, the strike is lawful?
The strike is very lawful in the sense that they are refusing to render services because they have not been paid for what they have worked for. What you must understand is that under the Constitution, there is a fundamental right and that is the right of fair labour practice, one of the fundamental rights on top of fair labour practice is that the employer should pay the employee the agreed wages. So, you can imagine these are the people who have not been paid the agreed wages for the last five years.
So, what they are doing there is enforcing, promoting and protecting their fundamental right to fair labour practice which is a constitutional right. It would have been different if it was [something else], but this was agreed [upon] and approved. There you do not need to give notice, notice for what? These people are backed by the fundamental law of the land [Constitution]. They are backed by a court judgement because they got an employer [the President] who is defying the court order, defying the supreme law of the land, surely you have no licence to raise any issues abut legality.
Why are people concerned with this strike?
From two angles. My major concern is the message the President is sending across the globe is very unfortunate. He is saying that he is above the law, he is above the courts, he is above the Constitution and that he is Mr. untouchable. In simple terms, we are not a constitutional democracy anymore as far as he is concerned. In a constitutional democracy, leaders obey court orders, leaders obey constitutional powers that give them powers to be in office. He is in office by virtue of the Constitution. So, he is negating the very office that gives him powers, so that’s the concern. He is not caring about the powers but himself.
What is the impact of strike on society as a whole?
There are issues of the Domestic Violence Act and getting protection orders. Now our women are vulnerable since they cannot get a protection order. Most parents pay fees through court maintenance orders. The money is stuck and they cannot get it. [Some] Innocent kids cannot go to schools [of their choice] because there is no money and are being forced to go to public schools.
Those who may have loved to go through divorce are being forced to stay together. These people do not love each other but are being forced to stay together, God forbid what can happen.
Why are you not sympathetic with government looking at K1.2 billion that is needed?
What stopped government from paying them in 2006 and 2007? We should not just rush to this year, what stopped them from paying them when they had money. In 2009 [President] Bingu [wa Mutharika] went on a lavish campaign in which he spent billions of kwacha. Why could they not spend half of that money to pay the Judiciary? They [staff] are not saying pay us now; all they are saying is that they [government] should promise to pay by putting it in writing and paying in instalments.
What is disturbing is that the President has not said anything. One of the three arms of government has stopped operating and the President has not said anything about it. He has chosen to remain quiet. He has no respect for the Judiciary and the Constitution of the land.
What should Malawians do?
Malawians must understand that the person they employed as the President of their country and gave him the terms of condition of service as the Constitution has defiled the conditions of services. [Malawians] have three options. They should ask the President to resign. They should impeach the man and the charges are very simple: disobeying a court order and refusing to pay the Judiciary according to the Constitution and the Judicial Administration Act.
Both of them are impeachable offences. The President has disobeyed the National Assembly and the Judiciary. He wants to be a dictator. People must stop recognising him as President and his administration. These can be done by refusing to pay tax, shunning all government functions as it will be an illegal government and any meetings called by any minister and President and where possible, they [the public] must engage in simultaneous public demonstrations to express their anger and frustration.
What can civil society, political parties do?
They must publicise the plight of Malawians to all the coopering partners of Malawi so that people can understand the problems we are going through.
What have you done yourself on these matters?
My job is to speak out and ensure that there are solutions. I analyse and argue.
KASAMBARA: Bingu must resign
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i now have the whole picture.why is a private lawyer not employed by the government trying to influence those striking?strike of judiciary has nothing to with politics.mr kasambara is just trying to use the strike for political gains.thats why the state is cracking him down.politics is a game of policies and if mr kasambara wants he high office he has sell his policies to the masses first.unlikely atupele,kasambara has no cruel of grassroots politics and i dont see him going far.he is going to be another kamulepo kalua.atulepe may not win the next elections but he has great potential for the future.unlikely kasambara atupele is disciplined outside politics,does not drop his zip now and then.atupele knows how to communicate with rural masses somet
Nyirenda, in as musch as you have pointed out some important facts in your comment, but i feel you have got it all wrong for Kasambara. Look at the isssue at hand minus kasambara, Govt has defied court rulings, parliamentary decisions and constitution. Even without Kasambara proposing anything , is the government justfied to continue running the affairs of this nation in this way? Kasambara’s arguments are from a legal point, thatS why he has said, he analyses and argues , in other words he is a human rights lawyer who analyses the merits and demerits of the issue and came up with a position. Instead of arresting him, why cant government through a learned lawyer argue out its case in an analytical way the way kasambara has done. SHOULD MALAWIANAS STOP TO THINK THESE DAYS AND ALWAYS BELIEVE THAT ONLY THOSE IN GOVT ARE ALWAYS RIGHT AND MALAWIANS CAN NOT COMMENT ON ANY ISSUE?
Ralph is not trying to get political favour.He is fighting for the truth and justice to prevail.In other words let the constitution and rule of law be respected regardless of ones position in society.
Good point Bofomo!
We are behind you Ralph “John Chilembwe” Kasambara.
Evil will never run this country.
Mulungu si munthu.
A manyuzi muziona anthu owapanga interview komanso zonthu zolemba. Ufulu ndi uwo koma try to understand the context & choose the lesser devel.
First it was obvous that diplomats communicate with their gvts about wahtever is happening in resident countries. Bingu knew this too. But a Nation you kept on writing za Fegus Dyt. He packed together with his forunes coz bingu wa furoius as he was officially exposed. Today I feel the pain coz of Dyte’s departure. Iam sure that even you the reporter or your connection somewhere has felt the impact. Tachepetsani kwasala 2 years yokha. Uyu achoka basi.
Lero Ralph wakugulitsilani nyuzi ndi ka Interview ka koma phokoso nali.
Dont worry with this governemnt, it is sinking everyday, God is about to turning things around, we will see change soon,. The Egyptians we see today we will see them no more. Gaddafi was a very powerful man where is he. Saddma Hussein was a powerful leader where is he. It is God who is better places to deal with Bingu keep on praying Malawian God listens.
Does Bingu’s brother who is also a laywer advise his brother on the need to respect the law of the land, which is the constitition, parliament which is another am of the govt? If not then thats why i said Peter once he becomes the president he will plunder the country. He will even be worse than his brother.
How many offences of court contept has he committed? Ihope our lawyers are are counting all those offences and are keeping the records. He must be chagre against all these charges.