By Dr. Daniel Dube

Malawians
Chief Justice House Repairs
The Law, Governance and Development

It is increasingly becoming normal for us Malawians to see the open abuse of public funds. We Malawians are now becoming numb when we hear of these extremely odd economic decisions by our government at a time when we are struggling economically. The rate at which these odd economic decisions are occurring is begging the question whether we have any leadership. I used to comment on national issues that occurred once every two weeks or so. This was bad by itself but now it is a daily occurrence to hear of these cases.

We have been debating the purchase of a presidential jet, the building of another house for the VP. We have seen government officials displaying large amounts of Forex without explanation on how they got hold of such amounts of cash and how they got the cash into the USA, something that the US government need to be stimulated to explain to the people of Malawi.

We do not even have a mechanism to react. We technically have no parliamentary oversight on government conduct. From the government’s own side there has to be someone in the ALLIANCE, the MCP NEC a person who can just privately raise objections to this lunacy. They are all in agreement solidly disciplined, loyal and united for their cause. We have no opposition. We are too beaten up as a people to raise our voices. No country can develop under this level of economic abuse.

Yesterday Thabo Nyirenda the AG was giving a lecture on Law, Governance and Development. Well, the law is not the regurgitation of a library of statutes. The Law is a dynamic process that should be responsive to social needs. Likewise, the notion of governance is not the mere repetition of donor driven demands. Governance is good government. Governance is a system wide process where every branch of government does its part. The sophomoric interpretation of the law can not equate to competent justice system that has any relevance to a national development.

The office of the AG is the most powerful and important office for checks and balance. It is not the president’s or ruling party’s advocacy department. The law is the road map where parameters of conduct for the public and government are set up providing the foundation of commerce and development. A static legislature, a static justice system and an AGs office that is non responsive to the legislature and the Chief executive and a judiciary that panders to the powerful and big commerce and stretches the judicial process to protect the powerful from prosecution is not catalyst for the development of a civilized society.

This $400,000 dollars repair is an amoral entitlement under our current economic conditions. For the teachers of Law in your universities, teach your law students that this is legal. It may be even in the national budget if we are lucky. You can open up law books and argue the legality of these repairs. There is absolutely nothing illegal. Your mesmerized students will see how the magic of leadership in Law works. Drive the nail into their young brains that their job is the strict interpretation of Laws and not to mind much on how the optics of suggestions of bad legal leadership has on society.

We all praise Mr. AG when we hear of him asking for 300 Billion in back Taxes from mining companies but where is the MRA? Land disputes for private Schools but where is the lands department. The government is not working! The legal structures are not working.

I have seen one former governor and a serving governor of the reserve bank and a former minister of finance de facto mesmerize us with their explanations of inflation and lack of forex. The Chief Justices House repairs are a lecture on fiscal management. How does such an expense help the economy at a time when we should be finding ways to stimulate our country out of the current economic crisis? If you are a very innovative lecturer show a picture of Ngwira’s cottage factory tours that are well attended and ask, how many such cottage industries would be served by $ 400,000?

We now need to reassess how we are approaching cases of public abuse of funds. We are a nation that is dependent on economic aid and grants. We are struggling to get loans around the world but we can afford these excesses. What is going on in Malawi?
Please make a correction on the tender notice, knock off one zero. That will not raise eye brows in our rich nation.

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