Ruling by proclamation

I have to confess that I have never seriously entertained the idea that our country could be ruled by the military, presidential proclamation or decree. Military regimes are for such countries as Nigeria, Pakistan, Thailand and elsewhere. However, the events of May 23 2014 were a wakeup call to many when President Joyce Banda, for a few hours usurped the law that governs national elections by becoming the law herself. On May 23 2014, I thought for a while whether there was a way to stop the JB Government once and for all.

Using a wrong section of the laws, the President used it to frustrate the will of the people to stop the counting of election results by calling for new elections. Knowing that she was no longer a favourable candidate, or trying to appear selfless and considerate of our needs, she offered that she was not going to be a candidate in future elections to happen in 90 days.

I am tempted to insist that one of the problems with our State Presidents is that they do not often have the right information. Granted, the 2014 elections were marred by serious, but correctable irregularities.

There was spontaneous violence in parts of Blantyre and Lilongwe either on the eve of, or on the voting day itself. Voting was not completed on the same day as has always been the case previously.

The people were angry with appearances that some “unseen” hand was trying to rig the elections. For someone in State House who is fed wrong information, it is easy to come in and represent the people that they were unhappy with the election process and the subsequent unofficial results.

What was not known to the State President was that the people (most of those I know) went to the streets or joined in the violence because they thought the Peoples Party (PP) was behind the mess. Calm was immediately restored when it was apparent that the Malawi Electoral Commission (MEC) was willing to address the multiple logistical challenges that had been created, perhaps internally, by people who were not party to the mission of the commission.

Any State President needs to have readily available legal help. Every president needs to access this legal help at all times. Within a space of only a few days after the 2014 Tripartite Elections, President Banda made at least a legal mistake, on average, daily.

The first was on the death of former deputy minister Godfrey Kamanya. The President appeared to suggest she was privy to the contents of the suicide note and the reasons behind the suicide by the former legislator. She even named people and institutions which she alleged were responsible. This was mistake number one.

The second mistake that the Banda administration made was to force Dr. Benson Tembo, Malawi Broadcasting Corporation director general on leave. This decision was misguided and a clear example of overstepping Executive power.

The third mistake was when the President, having done two previous mistakes, went up reading her statements proclaiming the suspension of vote counting and elections declared null and void.