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It is clear that Muluzi is determined to run for a “third term”. The media seem to have accepted his bid, just like those who opposed his open term and third term bids in 2003 have accepted. Other civil societies, those that claim to consolidate democracy are all quite.Even other political parties seem to have all agreed to Muluzi’s undemocratic and unconstitutional bid to come for a third term.
One thing is certain: Muluzi is determined to run for a third term. This is because, unlike in 2003, Malawians, donors, the media, and even the general populace seem to have been corrupted by Muluzi and his goal to come for a third term. They are all quite.
To shift the blame, and based on the revelation of the Malawi Law Society, some sectors have pleaded with Malawi Electoral Commission to determine Muluzi’s eligibility to retire from his retirement and come for a third term. They argue that MEC should come into the open before it is too late; too late for what?
On this, it is my general belief that MEC is not mandated to decide Muluzi’s eligibility at this moment. MEC has a set time to determine candidates’ eligibility. This is after the said candidates have submitted their papers. MEC scrutize the papers based on the requirements set by the constitution.
To set facts straight, however, the constitution is clear on Muluzi’s eligibility. It does not require MEC or even the judiciary to interpret it for anybody unless one wants to be a confusionist and wants to put our democracy at verge and risk of collapsing. In this regard, Section 83(3) clearly affirms that “the president, the first vice president and the second vice president may serve in their respective capacities a maximum of two consecutive terms…”
From this provision, two methods can be employed as modes of interpretation; the literal principle and mischief tenet.
Literally, the provision indicates that if a person retires after one term, s/he can not come back because the terms are supposed to be consecutive. For a person to serve two terms, it follows that the terms must only be consecutive. For Muluzi, he managed to serve his two terms, because they were consecutive.
Like the one who could serve only one term, Muluzi is now constitutionally, legally, and democratically barred from bouncing back, whether on humanitarian grounds to clean up the mess that Mutharika has infested the nation as we he argues; or on political and vengeance grounds to deflate the tube he assisted inflate, which ended up dumping him.
Based on the literal rule, Muluzi is lucky that he managed to rule the country for two terms. If, he had been defeated in 1999 just after his first term, he could have also been barred from contesting for a second term, be it in 2004, this year or any year. His terms could have not been consecutive.
Similarly, the mischief principle strengthens this fact. Some people have argued that the wording of the provision through the inclusion of the word “consecutive” is vague. These people are misinformed and made to believe that Muluzi is eligible to contest in the coming elections because they argue that the terms are not consecutive.
However, I beg to differ. The wording of the constitution is clear as I have illustrated from above. It is clear in the provision, using the literal rule, a person, once ousted from office after serving just a term, is not eligible to bounce back for the presidency.
For the sake of such misunderstanding on the word consecutive, we can use the mischief principle. The idea of this mischief rule is to identify the problem the provision intended to solve when being incorporated into the constitution. Using democratic principles and international human rights standards, we can argue that Section 83(3) was intended to avoid accumulation and cluster of power in the same hands for a longer period.
Democracy demands us to rotate leadership to avoid slipping back into dictatorship. With his financial muscle, he would want to accumulate enough power to himself and UDF as “his personal property”. He said it himself, “MCP ruled for 31 years, UDF will also rule for 31 years”.
By implication, what he meant was “Ngwazi Dr.Kamuzu Banda ruled the country with an iron fist for 31 years, I will also do the same”.
Everywhere dictators were made because people allowed them to accumulate enough, and more and more power for allowing them to be in office for more than required terms. To avoid, similar precedents of inclining power to few hands and same hands for over a longer period that can make dictatorial regime inevitable, Section 83(3) came into existence.
The argument that Muluzi is eligible because Section 40 and Section 80 (6) allow him is also invalid, illogical and unconstitutional. In brief, Section 40 provides political rights such as forming, joining, participating in activities of a political party as well as to freely make political choices. Section 80 (6) asserts that “Not withstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President…if that person is a citizen of Malawi by birth or descent; and has attained the age of thirty five years”.
What these proponents forget is that the same Constitution provides legal and constitutional limitations to human in Section 44 (2) provided such limitations are prescribed by law (in this case the constitution), reasonable, recognized by international human rights standards and necessary in an open and democratic society (for consolidating democracy). Sections in the Constitution are meant to supplement each other.
In this regards, the limitation provided in Section 83(3) is validated by the constitution. The section intends to avoid the clustering of powers into the same hands as if we are living in ancient kingship era where power is blood inheritable just as what happened in Cuba.
Thus, the limitations that the Constitution guarantees to presidents who serve their maximum two terms are limited by the constitution to bounce back for the sake of democracy and rights of other people to excise their political rights. The limitation by the provision in Section 83 (3) is also recognized by international human rights standards because it is intended to rotate power and consolidate democracy. Dictatorial regimes are well known for infringing human rights. Rights to expressions, opinions, trade, political freedoms, and press are all infringed in one way or the other. Recognizing the danger of dictatorial regimes to human rights Section 83(3) was included in the constitution as a means of avoidance; “protection is better than cure”.
From arguments raised here, there is therefore no need to press MEC to decide on Muluzi’s eligibility because the Constitution legally bars him to come for a third term. The limitation is both prescribed by law, reasonable, recognized by human rights standards and necessary in an open and democratic society.

Furthermore, it is illogical to ask MEC to come into open and declare the illegibility of Muluzi, because this is not the right time. MEC is a body governed by standards. It does not act on speculations. Muluzi is a skewed person who in most of times doesn’t mean what he says because he refuses to have altered particular statements.
If MEC acts swiftly to declare Muluzi’s eligibility, Malawians will be surprised to be told by Muluzi that “I did not want to stand, but MEC forced me because the body said I was eligible, who I am I to refuse such an offer coming on a silver platter?”
MEC has a process it uses to scrutinize the eligibility of candidates based on the provisions of the constitution. This is always after presentation of nomination papers. Only then, will MEC come into the open and declare which candidates are eligible and which ones are not.
By ruling that the James Phiri’s case could be solved at a party in house level, the courts did not validate the Muluzi’s bid.
For the time being, I believe it is the duty of all well wishers, individual Malawians, donors, civil societies, political parties to endlessly advocate for the illegibility, illegal and unconstitutional bid for Muluzi to bounce back for a third term. His bid is also a danger to human rights, based on the article. We need to do this, based on the Republic’s Constitution, for the sake of consolidating our democracy. The devil never wins unless one doesn’t fight. What I mean is that if we just stay, we should not be surprised if we slip back into another one party, dictatorial era.

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It is not hidden fact that the system has already put the academic calendar of the university at jeopardy as witnessed in the delay of releasing of the 2008 University selection list.

The introduction comes at the time when the University Senate, various civil societies recommended to the Council that reintroduction of this once denounced system should follow a thorough research and consultation.

In the first place, the Quota system is a kind of selection which when adopted will see students being selected into the University of Malawi based on district of origin and not based on the grades one scores. Based on the quota system used during the one party era, ten students are selected per district. Using information sourced from the University of Malawi office, the same style had been used. This is to say that only 10 best students per district would be selected. It is further alleged that the remaining space would be filled by students from other larger districts. Districts which have less than 10 people pass 6-36 points on MSCE, students from neighboring districts will be selected.

To set matters straight, the Quota system leaves a lot to be desired. In the first place, the system reflects badly on the standard of education of this already dwindled standard education standard of this country - It’s like adding salt to a fresh wound. As a result, less deserving students will be selected. Based on the same conditions and education resources, imagine the situation of two students. The first student who spent sleepless nights studying and working hard in readiness of MSCE and manages to pass with 12 points. His/her goal was to go to University of Malawi. On the other hand, there is a student who did not work very hard, and had most of his/her nights spending nights sleeping. This student manages to pass 32 point. However, the former students is left and has his/her time on school spent on vain because there are already 10 people who passed better than him in the range of 8-11 points.

On the other hand, however, the latter student manages to be selected because only him from his district of origin managed to pass with the grades. However, if the meritocracy (based on examination results and not districtism-district of origin), the students with good marks, the former, would be selected. His hard working spirits deserves to pay for him and not seeded because of district of origin.

Within the two scenarios, it is my strong belief that the quota system deprives the hard working students. Additionally, the quota system comprises on hardworking. Students would stop working hard and deprive the quality of education further.

In addition, the quota system does not help solve matters on distribution of education resources as proponents of the system tend to argue. Just a recap, people in support of re-introduction of the system argue that university education is resource-intensive and uses tax payers’ money to the extent that it is unfair that it is unfair that the resources are enjoyed by a few individuals who dominate the university from various districts or regions. They observe that a certain tribe or group of people from various regions dominate the university sector, yet the tribe has the smallest population. It is argued that the University Council established that Northern region with a total population of 12% gets a third of the University space while Central and Southern Region with a population of over 88% share the other two thirds. This argument asserts that the quota system will solve this trend.

On it self, this argument is logically invalid. Even if it were true of the space sharing among these regions, I still believe that the system will just worsen the situation. What was needed was to find out why students from other regions are passing well both MSCE and entrance exams. What we are seeing are just effects of a bigger problem. Introducing quota is like forcing a horse to drink water instead of knowing if the horse will need the water to drink and then give it. The root causes, with the reintroduction of quota has been left to accumulate.

Following the observation that there has been selection disparity among urban and rural students because the rural students use schools without good resources, then the government is to blame that it has left the situation to that level. It is the government’s responsibility to purchase and redistribution of teaching materials to all schools in the same way. I did my senior secondary school at Tukombo CDSS which then had only about 4 trained teachers for primary school yet here they were rabbiing secondary students. It is no denying fact that rural schools, be it secondary or primary schools, there is a lack of teachers. It is my argument that the government has to make sure that teaching in rural areas is also liked by bringing in some incentives like rural allowances that could make teachers to start liking rural schools. Additionally, the government should also purchase modern teaching and learning equipments to be distributed to all schools in the country. This would level the ground.

But as I have stated earlier on, it is important to issue out a research on why other students from regions or districts aren’t doing well. This would assist to solve the root cause of the disparity rather than tackling effects.

I also agree with those who argue that the quota system should not be reintroduced as a tool of positive discrimination-affirmative action. Affirmative action is introduced where some people were deliberately discriminated against. These proponents critically give an example of African societies where women are discriminated against. Ladies in African societies are mostly considered as objects and are treated as such. Formerly, in Malawi, male children were favored and sent to schools while female kids were being taught how to be good housewives and treat their husbands. Such deeds have been discriminatory to the women human beings.

Similarly, some tribes have been discriminated to work or study in other areas or schools. A good example is South Africa, where the apartheid regime did not allow black people to attend white attended schools and areas. This has been discriminatory to the black people. Affirmative actions like the quota systems are introduced in these scenarios in order to empower those groups of people which were initially discriminated against. The idea is to have resource redistribution to attain equity.

However, as it is in Malawi, there have been no cases where other people from a particular district, tribe or region have been discriminated and disadvantaged apart from time when teachers from the north were chased and sent back to teach in the Northern Region during the Kamuzu era because of political reasons.

If quota system was to be introduced, then it should aim at female students because they have mostly been discriminated and disadvantaged at the expense of our culture as already pointed out. But above all, there is no proof that the disbudded meritocracy system has been working to the disadvantage and discriminating against other students from other tribes, districts and region. With quota system, does it mean that the same quota system will be used in marking school works? Will degrees and other qualifications be obtained based on district of origin? If the answer is no to these questions, then what logic is there to use quota on selection only? Someone needs to lecture me on these. The quota system will also see students feigning surnames and districts of origin just to be considered for selection.

Most importantly, one does not need to be a law expert to see that quota system is unethical and unconstitutional as it promotes discrimination and tribalism and nepotism. The system infringes on various human rights as outlined in the Constitution of the Republic of Malawi which is the Supreme Law in this land and guides all deeds of every one in here. For example, Section 20 of the Constitution clearly states that all people are equal and discrimination of persons in any form is prohibited and all persons are, under any law, are guaranteed equal regardless of race, color, sex, or district of origin. From the look of things, the meritocracy has not discriminated against any 1. But on the other hand, the quota system discriminates against deserving students based on their districts. The constitution is clear on human rights like education and work. A person is at liberty to learn and work ever where within the country without considering the tribe, district or region of origin. The quota system deprives people of that right. No sooner had this been introduced than we will be told that quota system will also be applied for those to work in government. As a result, the country will be divided into sects of tribes and regions more than it is now. This has various consequences. In Kenya, Nigeria, Sudan, Somalia, Iraq among others, there have been some civil wars started based on tribes, district or regions of origin. The system will render other tribes, regions or districts inferior to others.

The Council has defied all odds and advice to conduct thorough review of the meritocracy and public opinion, but gone ahead to implement the system. My last word to the Council therefore would be to remind them of the adage that an ear that does not listen to pieces of advice is buried with the head when it is cut. But to fellow Malawians, I would urge them to oppose this swift re-introduction of the system, whether through taking the council to the court of law for implementing something which is unconstitutional, inhumanly, undemocratic and discriminatory contrary to the Section 10 (1b) and Section 10 (3) of the University Act. In the first place, the Council has implemented the quota system against recommendations from the Senate of not going ahead with the system which is breach of Section 10 (1b) of the aforesaid Act. The process and speed with which quota system issue has been handled compel any rational being to suspect sinister motives behind the scenes.

Secondly, all factors considered, the quota system is unethical and unconstitutional as it promotes discrimination and tribalism and nepotism. As argued from this article, there is no ethical, humanity and constitutionalism in quota system, hence it’s a system that must not be pursued further if we are to keep our Malawianism intact. The system, as outlined in this paper, is discriminatory as students will be selected based on origin, which is discriminatory as compared to the use of examination. This is in breach of Section 10 (3) of the Act which states that the “The Council shall not discriminate against any person because of race, ethnic origin, political affiliation or opinion, religion or sex whether in respect of …(a) the appointment of any person to the academic or other staff of the University…(b) the registration of any person as students of the University; …or (c) the right of any person to hold any advantage or privilege of the University and the Council shall ensure that such discrimination shall not be practiced in any instance, by the Senate, any Statutory Committee, committee thereof or office of the University…”. From the look of things, it is the Council which is now promoting discriminatory and infringing on people’s rights. To this far, the quota system has more harm than the cure needed for redistribution of resources. I therefore urge fellow Malawians to stand up and take action against the University Council to oppose the reintroduction of this ethical and unconstitutional quota system.

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Pearson Nkhoma

ABOUT THE AUTHOR:

Personal Contacts

Email: pnkhoma@gmail.com or pearpie_c@yahoo.com
Mobile Phone: +2658603556 or +2659308956
Postal Address: C/O Mr. H. Kayuni, PAS Dept., Chancellor College, P/O Box 280, Zomba. Malawi.

Academic Background

The author is a Forth Year student at Chancellor College pursuing Bachelor Degree in Media for Development Communication studies. His focus of study include: Development, Media and journalism, human rights, advocacy and Communication for Development, Public Health, Rural and Community Development, Poverty and Reduction.

Research Background

The author is an upcoming researcher who co authored and presented a paper at the “2007 National Language Symposium” that was hosted by the University of Malawi’s Centre of Language Studies. The paper was titled, The Role of Local Languages in Achieving Socio-Economic Development: A Critical Analysis on how Usage of Local Languages in Development Strategies and Development Fora can Accelerate Development and Attainment of the MDG’S in Malawi?

He is also freelance writers for National print media, the Sunday Times and Malawi News and has published articles in areas to do with national development.

MALAWI’s PERFORMANCE ON THE MILLENNIUM DEVELOPMENT GOALS: A CRITICAL ASSESSMENT ON WHETHER MALAWI IS ON TRACK TO ACHIEVE THE EDUCATION AND GENDER GOALS BY 2015.

By Pearson Nkhoma

ABSTRACT

The efforts to eradicate poverty in Malawi have a very long history. The country has so far adopted many development policies and plans since colonial era with an attempt to address different dimensions of development challenges. One such development strategies are the International Development Goals, set up in 1996, which Malawi, together with 188 other countries adopted in September 2000 at the UN Millennium Summit as the Millennium Development Goals (MDGs) with a target of halving most development challenges like extreme poverty by 2015. The MDGs comprise of 8 goals, 18 targets and 48 indicators and are time bound for making real progress by 2015.

However, we are now almost half way through and there have been many outcries if the country is on track or not. It is in this light that this paper attempts to assess, review and evaluate the performance of the country towards achieving the MDGs by 2015 with a special focus on Education and Gender Goals. It summarizes the progress of the country with an aim of providing a clearer understanding of the constraints Malawi is facing on attaining these goals, and with an effort to evaluate and analyse whether Malawi is on track or not.

Key Words: Poverty, Sustainable Development, Millennium Development Goals (MDGs), education, gender, Participation and Malawi.

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Join this campaign.

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Tonight Minnesota, after 54 hard-fought contests, our primary season has finally come to an end.

Sixteen months have passed since we first stood together on the steps of the Old State Capitol in Springfield, Illinois.

Thousands of miles have been travelled. Millions of voices have been heard.

And because of what you said - because you decided that change must come to Washington; because you believed that this year must be different than all the rest; because you chose to listen not to your doubts or your fears but to your greatest hopes and highest aspirations, tonight we mark the end of one historic journey with the beginning of another - a journey that will bring a new and better day to America.

Because of you, tonight, I can stand before you and say that I will be the Democratic nominee for president of the United States of America.

I want to thank all those in Montana and South Dakota who stood up for change today. I want to thank every American who stood with us over the course of this campaign - through the good days and the bad; from the snows of Cedar Rapids to the sunshine of Sioux Falls.

And tonight I also want to thank the men and woman who took this journey with me as fellow candidates for president.

At this defining moment for our nation, we should be proud that our party put forth one of the most talented, qualified field of individuals ever to run for office.

I have not just competed with them as rivals, I have learned from them as friends, as public servants, as patriots who love America and are willing to work tirelessly to make this country better.

They are leaders of this party, and leaders that America will turn to for years to come.

Made history

And that is particularly true for the candidate who has travelled further on this journey than anyone else.

Senator Hillary Clinton has made history in this campaign not just because she's a woman who has done what no woman has done before, but because she is a leader who inspires millions of Americans with her strength, her courage, and her commitment to the causes that brought us here tonight.

Senator Obama praised Hillary Clinton for her strength and commitment

I congratulate here on her victory in South Dakota and I congratulate her on the race she has run throughout this contest.

We've certainly had our differences over the last 16 months.

But as someone who's shared a stage with her many times, I can tell you that what gets Hillary Clinton up in the morning - even in the face of tough odds - is exactly what sent her and Bill Clinton to sign up for their first campaign in Texas all those years ago; what sent her to work at the Children's Defense Fund and made her fight for health care as First Lady; what led her to the United States Senate and fuelled her barrier-breaking campaign for the presidency - an unyielding desire to improve the lives of ordinary Americans, no matter how difficult the fight may be.

And you can rest assured that when we finally win the battle for universal health care in this country, and we will win that fight, she will be central to that victory.

When we transform our energy policy and lift our children out of poverty, it will be because she worked to help make it happen.

Our party and our country are better off because of her, and I am a better candidate for having had the honour to compete with Hillary Rodham Clinton.

Inspired a nation

There are those who say that this primary has somehow left us weaker and more divided.

Well I say that because of this primary, there are millions of Americans who have cast their ballot for the very first time.

There are Independents and Republicans who understand that this election isn't just about a change of party in Washington, it's about the need to change Washington.

There are young people, and African-Americans, and Latinos, and women of all ages who have voted in numbers that have broken records and inspired a nation.

All of you chose to support a candidate you believe in deeply.

But at the end of the day, we aren't the reason you came out and waited in lines that stretched block after block to make your voice heard.

You didn't do that because of me or Senator Clinton or anyone else.

You did it because you know in your hearts that at this moment - a moment that will define a generation - we cannot afford to keep doing what we've been doing.

We owe our children a better future. We owe our country a better future.

And for all those who dream of that future tonight, I say - let us begin the work together.

Let us unite in common effort to chart a new course for America.

Republican agenda

In just a few short months, the Republican Party will arrive in St Paul with a very different agenda.

They will come here to nominate John McCain, a man who has served this country heroically.

I honour, we honour, the service of John McCain, and I respect his many accomplishments, even if he chooses to deny mine.

My differences with him are not personal%

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Youth Call will be submitting the proposal this week.

For more infor, visis our website

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The Board Chairperson, Management and Staff of Youth Call, a development oriented, youth servicing NGO in Malawi, Nkhatabay, wishes to joing Mr. Obama in his cereblations for coming out victorious on the contested Democrats Presidential Candidate nominations.

Youth Call Directorate.

Pearson --
I'm about to take the stage in St. Paul and announce that we have won the Democratic nomination for President of the United States.
It's been a long journey, and we should all pause to thank Hillary Clinton, who made history in this campaign. Our party and our country are better off because of her.
I want to make sure you understand what's ahead of us. Earlier tonight, John McCain outlined a vision of America that's very different from ours -- a vision that continues the disastrous policies of George W. Bush.
But this is our moment. This is our time. Our time to turn the page on the policies of the past and bring new energy and new ideas to the challenges we face. Our time to offer a new direction for the country we love.
It's going to take hard work, but thanks to you and millions of other donors and volunteers, no one has ever been more prepared for such a challenge.
Thank you for everything you've done to get us here. Let's keep making history.
Barack

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Director: Weston K. Gama (Male)

Deputy Director: Gift Mwakawanga (Female)

Executive & Publicity Secretary: Vincent Masiya Nkhoma (Male)

Deputy: Cornass Mlumbeni Chunga (Female)

Programme Officer: George Banda (Male)

Financial Director: Etta Mzilahowa (Female)

Deputy: Morgan Msonda Mlimakwenda (Male)

Gender Officers: Peter Mlimakwenda (Male)

Three (3) Committee Members: Lenson Kawowa (Male)

Estery Banda (Female)

Janet Makai (Female)

The Trustees Pearson Nkhoma (Male)

Robert Mkandawire (male)

Barnes Mwale (Male)

Lalikess Kalikiliki)

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In this line, THE MISSION STATEMENT of Youth Call is to “Effectively Leading Fellow Youth To Participate in Development Programmes hence Effecting Change Through Youth Involvement In Development Activities Because We Are The Generation That Can Eradicate Poverty and All Other Development Challenges and Because Together We Can Make Poverty History and Together We Can Develop Malawi!!!"

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Youth Call is a non profit making youth servicing organization working in the field of sustainable development. It was officially formed on the 21st of July, 2007 as Tukombo Youth Organization, with an aim of empowering the youth to participate in issues of development.

Its area of focus include rural development and food security, good governance and democracy, education, human rights and gender equality, HIV/AIDS, economic development, healthy Water and sanitation, livelihood, as well as Environmental protection among others.

The Organization is based at Tukombo, a community in Nkhatabay South Constituency, in the Area of V/H Zilakoma, T/A Zilakoma in Nkhatabay District in Malawi.

We call all youths, Youth servicing organizations to empower the youth to take part in developing their communities. Remember, Together we can make poverty History. Anyone is free to participate in development activities of the group. To participate in activities of youth Call, fell free to contact us.

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