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What lesson can Tanzania learn from Malawi?

Telesphor R. Magobe - 8/30/2006

I have a habit of waking up early in the morning and reading. A few days ago I happened to read about jurisdiction and immunity to prosecution in Tanzania. The morning was too short for me to read more about this enthralling area but I managed to cover topics like presidency, diplomats, judicial officers, minors and parliamentary immunities.

It was very interesting to see how certain classes of people, especially those in high positions are protected by the law unlike the majority of people who often experience inadequate protection. For instance, the Constitution of the United Republic of Tanzania (1977) prohibits any criminal and civil proceedings whatsoever against the President during and after his tenure of service [Article 46 (1-3)]. Of course, a similar immunity goes to MPs as well, while judicial officers have a limited one. The latter can be charged in courts of law if there is evidence that they have acted fraudulently or maliciously.

When I arrived in the office, I coincidently read on the front page of a Kiswahili daily paper, Mwananchi, Muluzi akamatwa kwa rushwa (Muluzi arrested for corruption) something one will not think of happening in Tanzania. The article drew my attention and I started reading it, for I know a bit about Malawi and its politics since 1993 (the time I went there) to date and because I prefer equality before the law to immunity.

Malawi's Dr Bakili Elison Muluzi came into power after Life President Dr Hastings Kamuzu Banda was defeated during the first democratic election in May 1994. Dr Banda ruled Malawi since independence, 1964.

However, in 1992 the Roman Catholic Bishops wrote a pastoral letter titled Living Our Faith and was read in every Catholic Church on Sunday, March 8, 1992. The letter addressed the plight of Malawians, for the government had kept people believe they lived peacefully and dignifiedly, while in reality they were indigent, repressed and in great fear. Obviously, the people were denied freedom of thought and expression and the brave ones were murdered, exiled or imprisoned.

Those, of course, were caused by a despotic, totalitarian and unjust regime of Dr Banda and his Malawi Congress Party (MCP). Through the Malawi Young Pioneers (MYP), Dr Banda managed to control the population from the grassroots level. The MYP were his machinery to promote political propaganda and check any political criticisms and resistances in the country. This made people burry their heads in sand (ostrich spirituality)!

So the Bishops' letter of March 1992 sparked a commotion in the country, not because it was really negative (actually it was very constructive) but because people did not know how to respond to the message delivered. It was only that it was the first criticism made public in a well protected repressive regime and it needed bold people to do so.

After the letter was read in all churches, the government banned it and the seven Bishops who had signed it were under house arrest. They were called to see Dr Banda and one of them, Mgr John Roche, an Irish national, was singled out as a mastermind behind the content and publication of the letter and was thus given a 24-hour notice to leave the country for his safety.

In 1993 I was still new to the country but I had virtually mastered the Chewa (national) language. I was lucky to listen to a few tapes about the MCP secret meeting, which discussed about the fate of the seven Bishops. How were the discussions disclosed? No body knew but some people believed a high-tech device was used to tape discussions, as the international community had been informed about the situation in the country and so it sought ways to save the Bishops. If there were no interventions from the international community most probably the poor Bishops would disappear for ever, as nobody knew their whereabouts at the time and no news was given about them afterwards!

Disappearances seemed to be used by MCP as a means to deal with political opponents of the time! To be brief, the MCP meeting was about: "Let's do as we normally do to people like these ones, we just make them disappear and nobody will be able to trace them again. No, let us exile them because another bishop (name withheld) was also exiled under similar circumstances. No, bring them here and we'll ask all men to leave the place and we'll know what to do to them (women members). How can they make such blasphemies? Who do they think they are to belittle Ngwazi (Dr Kamuzu), the Messiah?"

Apparently, a few Catholic Church members disowned their Church membership just to show how infuriated they were to hear the Bishops message! Were the bishops really wrong or the MCP members just wanted to show their allegiance to Dr Banda at any cost?

So when Dr Muluzi became president, at the beginning he became very popular, a man of the people, one would say, and a liberator from a tyrannical regime. He portrayed himself as the people's true choice. He became very famous regionally as well as internationally. But it did not take him long before he fell victim of criticisms either from within or without, especially on his use of government money. Wherever he would go he dished out money and gave people a picture that he was really concerned with their suffering.

Unfortunately, many African politicians do not run the whole race. They get tired just half way after they have accumulated enough wealth for themselves and don't see any reason to go any further! That is why the people lose confidence in them.

The good thing with Malawi though is that the country's Constitution (2002) is not as protective towards the President as Tanzania's as regards to immunity. For instance, it states that the President shall be immune to civil proceedings but not to orders of the court as regards rights and duties as stipulated in the Constitution [Article 91 (1)].

Likewise, the President shall be immune to criminal proceedings during his or her tenure of service except when charged with an impeachment offence [Article 91 92)]. After finishing the tenure of presidency, "he or she shall not be personally liable for acts done in an official capacity during his or her term of office but shall not otherwise be immune" [91 (3)].

Suggestions to amend Tanzania's Constitution to perfect and make it suit current needs and global developments are of considerable importance. This means that our leaders need to listen more to the people than to cling to power and tell people what to do and how they are committed to bringing about development in future (and not now)! It is time that we amend our Constitution to make it more comprehensive and suitable for our current situation and even to review the immunities it gives to high ranking officials.