Friday, 10 September 2010 20:42

BEFORE the 2009 general elections in Malawi, the country’s leading newspaper, The Nation, interviewed Prof. Peter Mutharika, brother to Pres. Bingu wa Mutharika. At the time he was the president’s legal chief adviser. Kondwani Munthali met Prof. Peter Mutharika at his residence and asked him about his political ambitions, the country’s constitution and related issues. The interview, courtesy The Nation

Munthali: Why have you joined politics?

Mutharika: That is an interesting question. But I have not joined politics now or today. I was there during the colonial times, I was there in exile. I drafted the first constitution in Tanzania of the People’s Democratic Party (PDP) whose founders were Kanyama Chiume, Atati Mpakati and Masauko Chipembere. Chipembere went to USA on medical reasons and never came back. I was later adviser to Mpakati when he formed LESOMA. When they bombed him for the first time, I met him in London and helped to meet some people in the House of Commons. He wanted me to join him in Mozambique. During the transition I was general counsel for the Malawi Action Committee in the USA. We put pressure at the World Bank and other financial institutions to suspend support to Malawi. So as you see, vying for a parliamentary seat is just a formality, but I have been there outside and inside as so many others have been to fight for a democratic Malawi.
 
Munthali: But you have become more visible since your brother President Mutharika became president, is that a correct assumption?
 
Mutharika: That is not correct. In 1995 I was one of the resource persons at the constitutional conference. It is not true that I have become more visible now, but now that I live here. I was here in 2004 for the campaign and stayed for four months. Remember the president was running for both parliamentary and presidential offices, I was in Thyolo that time. I helped for free during the six weeks there was no cabinet. When the president came to the United Nations I sat in the Malawi delegation at my own cost and advised for free.
 
Munthali: How do you separate the two, being the president's brother and his chief legal adviser?
 
Mutharika: The two are very separate roles. Personal matters are different, they don’t even intersect. We discuss family matters separate. As a lawyer, he is my client so I am governed by the rules and ethics of the profession. I have been an official adviser since December 2007. What I do is sort of interesting, as an adviser I have no executive powers or role. That is for the President. You simply advise and it is up to him to take the advice or not. I advise according to my legal, constitutional and international affairs understanding.

Munthali: As brothers do you fight?

Mutharika: (Laughs) No, we don’t. We are adults, may be when we were young. I have so much respect for him.
 
Munthali: How has been your role in the past five years, especially looking at Section 65, impeachment and other legal battles and what do you think of our constitution?
 
Mutharika: I was not around for most of the time until 2007. But Section 65 and impeachment, those were interesting times. As regards to our constitution, the biggest challenge is the interpretation. Our constitution is too long, vague and contradictory which gives problems to those who interpret it. We did not have enough time as we had the final debate meeting in February 1995 and by April 18, we were supposed to have a new constitution. We tried to do two things, we tried to address some of the problems under one party system at the same time we were creating a framework for a democratic dispensation. We rushed through and there was time element. In future I hope as Malawians as will sit down and look at the issues. I was not totally satisfied in 1995 and that is why I made the presentation in 2006 during the constitutional review process, “towards a more workable constitution.”

Munthali: Talking of your career, you are the first African to receive the International Jurists Award, what is it all about?
 
Mutharika: It is my understanding that I am the first African indeed. The International Council of Jurists is the highest body among lawyers based in England. I was nominated by some people I don’t know and received my award in India where the current President of the Council is from basically associated with legal education. Others were Chief Justice of Canada on judicial administration, Minister of Justice for Japan on rule of law and the Law Society of England and Wales on bar activities.
 
Munthali: There have been reports that you would want to take over from your brother as president of the republic, any comment?
 
Mutharika: I don’t know where this is coming from and who started this. I have no interest in that, not at all. There is absolutely no basis for that or assumptions that I would want to become a president.
 
Munthali: You are running for Thyolo East, what difference are you bringing to the constituency?
 
Mutharika: We all agree on the basics, need for schools, bridges, hospitals and access to safe water. But as to what I can bring, I have been out there and seen how other countries have done it and how I can apply it locally. I want to set up a proper development structure that responds to priorities of the people. In my meetings so far, I listen and allow people to ask questions because they know better and that we should develop communication between an MP and his constituents. I will bring in both private sector and international players to assist us in Thyolo East.
 
Munthali: Looking at your career, is it worth it to leave the academia and become an MP?
 
Mutharika: At personal level I had reached the highest position as Charles Nagel Professor of International & Comparative Law and Professor of African & African-American Studies, one of the most prestigious in the legal profession. After that I could go to into administration. I had offers to be a president or vice chancellor both in USA and Commonwealth countries. I don’t like administration, I like research and lecturing. I have been in many UN committees. I sit on the World Bank panel on investments disputes. I believe being an MP is a different job. It is not the same as others. I want to contribute the little that I can to develop my country.
 
Munthali: Politics is said to be a dirty game, how prepared are you to survive the terrain?
 
Mutharika: It is not supposed to be seen as a dirty game, but competitive with people who have strong perceptions. The parliament we had was just unusual, we have had better parliaments before then. We never had name calling and the like, that was unusual but then we had unusual issues like impeachment and Section 65. I am not worried, I know the speaker will maintain law and order when we go to parliament.
 
Munthali: What has been your assessment of the last 40 plus years of development and what could be your thoughts in the direction we need to take as a nation?
 
Mutharika: The British until 1964 did 60 miles or also or road network. Blantyre to Zomba, another one to Chileka and Mulanje. During Kamuzu’s time we had huge infrastructural developments such as Nsanje to Karonga, Lake Shore road networks. In the advent of multiparty democracy, we had institutional development like Human Rights Commission. Now we have had an era of laying fundamental economic growth. We have had an average growth of 8.6 percent and the highest in Africa and number two globally. Being a small country, Malawi can move from a resource based economy to a knowledge based economy. Malaysia, Hong Kong, Korea, Taiwan and Singapore are smaller in size but they have a knowledge based economy. We need to improve our universities, improve research and become a centre of knowledge in Africa. We can process ICT materials as these countries do. Malaysia which had similar GDP as Ghana in 1957 today is at 15,000 compared to Ghana’s 2,000. They have a new university to increase the GDP to 20,000 by 2020. We can invest in research, agriculture, science and technology. We need to change the mindset and change the economy using science and technology.

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Friday, 10 September 2010 20:42

DOES Pres Bingu wa Mutharika have a problem working with others? Is he a team player? Does he feel threatened by others? Does he prefer to be the only game in town?

These and other questions are swirling in the minds of many including religious leaders who are wondering what the heck is happening at the State House.

Issuing a statement in Balaka after comments—Joyce Banda unqualified to be president and Malawi not ready for a female head of state--by members of the ruling party exposing intraparty fighting, religious leaders have gone up the food chain and wondered whether the man whose position will open up after he leaves office in 2014 works well with others.

To the clergy, it looks a movie they have seen before.

“With his former deputy Cassim Chilumpha we were told he had some criminal charges. We have not been told what wrong the Vice President has committed,” said Revered Joel Malanda (retired) of the Anglican Church in the company of fellow Christian and Islamic leaders.

“Attacking someone who is deputy head of state starts raising questions about the reputation and the integrity of the president.”

Drawing a lesson from society at large, Malanda said “even in family a man who can’t keep one wife loses integrity.”

During his first term, Mutharika fell out with his deputy, Cassim Chilumpha, whom he accused of having a hand in a plot to get rid of him.

The political marriage between Mutharika and Chilumpha was one made in hell after Bakili Muluzi, then president and powerful chairman of the United Democratic Front (UDF), imposed the two on the party.

Mutharika and Chilumpha ran together in 2004 but after winning the latter remained loyal to Muluzi and the divide between the two grew wider after Mutharika, who accused his predecessor of trying to act as though he was still president, left the UDF to form the Democratic Progressive Party (DPP).  

The relationship between the president and his deputy got worse and it was later revealed that Chilumpha even stopped attending meetings together with Mutharika.

The boss--Mutharika--later announced after their protracted "war" that his deputy had resigned and accused Chilumpha of not carrying out his duties as was required, a charge Chilumpha denied, telling the High Court that he had been marginalised by Mutharika who by the way had no powers to fire the vice president.

But support for Chilumpha from the UDF didn't help the situation and Mutharika was perhaps convinced that his deputy was gunning for his job.

Today, short of being accused of anything, the lady who filled the position once occupied by Chilumpha is said to be in similar circumstances after being “pushed” and left on the sidelines.

Unlike in the past when Mutharika went out and made statements against Chilumpha, today it's the president's surrogates, whether authorized or not, who are doing the bidding for the president’s junior brother.

Catholic priest Father Goodson Kanyoza who was in Balaka with fellow religious leaders when they issued their statement said the developments surrounding Joyce Banda call for a review of the constitution to define the role of the vice president.

“We need to find a solution to the problem of a sitting Head of State and his deputy,” he said.

The Malawi Constitution gives powers to parliament which can impeach the president and the deputy. After Chilumpha was reinstated by the High Court, there was nothing the president could do about it.

Joyce Banda could be facing a situation Chilumpha found himself in earlier and the only way she could get out of the position would be for her to throw in the towel.

So far there has been no indication that she is going anywhere.--maravipost

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