Mixed reactions on promotion of chiefs

Since Malawi embraced plural politics through a 1993 referendum, the country has seen the elevation of several chiefs, mostly from traditional authority (T/A) level to senior chief.

First multiparty president Bakili Muluzi, after assuming power in May 1994, promoted several T/As to senior chiefs. His successor, the late Bingu wa Mutharika, followed suit between 2004 and 2012. Currently, incumbent President Joyce Banda is also promoting several chiefs across the country.

For example, last week, Banda elevated T/As Chimaliro and Thomas of Thyolo to senior chiefs.

The Chiefs Act Chapter 4(1) says: “The President may, by writing under his [her] hand, appoint to the office of Paramount Chief, Senior Chief or Chief such person as he [or she] shall recognise as being entitled to such office.”

However, at the rate T/As are being promoted, there is fear that soon, almost every T/A will be a senior chief.

Edge Kanyongolo, associate professor of law at the University of Malawi’s Chancellor College in Zomba, is against the idea of giving the responsibility of promoting chiefs to the President.

Speaking in an interview with The Nation on Wednesday, Kanyongolo said: “I don’t think it’s right and proper to give the president powers to promote or demote chiefs. That creates an opportunity of abuse.”

He suggested that the process should be traditional where a chief should be nominated for promotion by fellow traditional leaders and that the president should only play a “ceremonial role” of announcing the nomination.

Senior Chief Kaomba of Kasungu is also against the arrangement of vesting such powers in the President, but said it is the law, the Chiefs Act, which is to blame.

He suggested that the power to appoint a chief should be vested on the traditional leaders who know their seniority better.

From the look of things, all is not lost as there is hope that the president might no longer have an influential role in promoting chiefs. The Special Law Commission on the review of the Chiefs Act has been making consultation with stakeholders across the country on the proposed review.

Among the recommendations from the consultations include the need to stop the president from appointing chiefs to enhance neutrality.

Reads the commission’s report in part: “The President’s power has eroded the independence and proper functioning on the institution of chieftaincy. There have been cases where the appointment of Senior Chiefs did not follow the requirement provided in Section 4(2) of the Act.”

It recommended that T/As within the district should be choosing among themselves the most senior traditional leader to become senior chief.

The current Chiefs Act under review was enacted on December 29 1967.

Currently, taxpayers pay K59.6 million (about $150 000) annually as honorarium for paramount chiefs, senior chiefs, T/As and sub-T/As.

Paramount chiefs get K50 000 (about $125) per month each while senior chiefs take home K30 000 (about $75), T/As K18 000 (about $45), sub-T/As K8 000 (about $20), group village heads K5 000 (about $12.50) and village heads get K2 500 (about $6.25) per month.