Church, Law and Political Transition in Malawi 1992-1994

Matembo S. Nzunda & Kenneth R. Ross

Description

The year 2020 began in Malawi with a moment of high political drama. On 3 February, the Constitutional Court declared the Presidential election of May 2019 �invalid, null and void�. Its judgement laid bare the extent of the irregularities that marred the conduct of the election and vindicated the widespread popular view that its result was not valid. The Court�s requirement that the election be re-run ignited a flurry of political and parliamentary activity, suggesting that the country might be on the cusp of significant change. It remains to be seen what the eventual outcome will be. Meanwhile there may be value in looking back to an earlier time of dramatic political transition � when Malawi shook off the shackles of one-party government and embraced multi-party democracy in 1992-94. In that process too, the courts played an active role, though it was from the witness of the churches that the initial impetus came. In this book theologians and lawyers join forces with other scholars to offer a comprehensive analysis of a turning-point in Malawi�s political history. This reprint is offered in the hope that lessons learned from the past can help to shape the future as Malawians arrive once again at a decisive moment.

Informations

• Publié par: Luviri Press
• Date de parution: 24 août 2020
• Nombre de lectures: 0
• EAN13: 9789996066559
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

The year 2020 began in Malawi with a moment of high poli�cal drama. On 3 February, the Cons�tu�onal Court declared the Presiden�al elec�on of May 2019 “invalid, null and void”. Its judgement laid bare the extent of the irregulari�es that marred the conduct of the elec�on and vindicated the widespread popular view that its result was not valid. The Court’s requirement that the elec�on be re-run ignited a flurry of poli�cal and parliamentary ac�vity, sugges�ng that the country might be on the cusp of significant change. It remains to be seen what the eventual outcome will be. Meanwhile there may be value in looking back to an earlier �me of drama�c poli�cal transi�on – when Malawi shook off the shackles of one-party government and embraced mul�-party democracy in 1992-94. In that process too, the courts played an ac�ve role, though it was from the witness of the churches that the ini�al impetus came. In this book theologians and lawyers join forces with other scholars to offer a comprehensive analysis of a turning-point in Malawi’s poli�cal history. This reprint is offered in the hope that lessons learned from the past can help to shape the future as Malawians arrive once again at a decisive moment. Matembo S. Nzunda, who died in 2000, was a prominent lawyer, academic, poli�cian, Member of Parliament and Cabinet Minister. At the �me this book was being prepared he was Senior Lecturer in Law at Chancellor College, University of Malawi. He published extensively on various aspects of the law, including company law, conflict of laws and environmental laws. He also prac�sed law in Malawi and, notably, defended Chakufwa Chihana at his sedi�on trial in 1992. He stood for the AFORD party in the first mul�-party elec�on in 1994 and was elected MP for Chi�pa North. He later served as Minister of Research and Environmental Affairs in the Malawi Government. Kenneth R. Ross is Professor of Theology at Zomba Theological College and Associate Minister of Bemvu Parish, Church of Central Africa Presbyterian, Synod of Blantyre. He has earlier served as Professor of Theology at Chancellor College, University of Malawi, General Secretary of the Church of Scotland Board of World Mission and Chair of the Scotland Malawi Partnership. His most recent book is (Mzuni Press, 2019). He is Series Editor of the Edinburgh Companions to Global Chris�anity (Edinburgh University Press).

which offers a range of books on religion, culture and society from Malawi

Church, Law and Church, Law and Poli�cal Transi�on in Malawi Political Transition in Malawi -

Nzunda & Ross Edited by Matembo S. Nzunda Kenneth R. Ross Luviri Reprints no. 8

Church, Law and Political Transition in Malawi 1992-1994

Copyright 2020 Kenneth R. Ross

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any from or by any means, electronic, mechanical, photocopying, recording or otherwise without prior permission from the publishers.

First Published by Kachere Series in 1995. Second impression 1997 Third impression with new introduction 2020

Published by Luviri Press P/Bag 201 Luwinga Mzuzu 2

ISBN 978-99960-66-54-2 eISBN 978-99960-66-55-9

Luviri Reprints no. 4

Luviri Press is represented outside Malawi by: African Books Collective Oxford ([e-mail])

www.mzunipress.blogspot.com www.africanbookscollective.com

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Contents Contributors 6 Foreword to the 2020 Reprint 8 1. Introduction 11 Matembo S. Nzunda and Kenneth R. Ross 11 2. Sedition and the Struggle for the Social Contract 19 Matembo S. Nzunda 19 3. Not Catalyst but Ferment: The Distinctive Contribution of the Churches to Political Reform in Malawi 1992-93 37 Kenneth R. Ross 37 4. 'A Raging Calm'? – The Impact of Labour Relations on Politics in Malawi 50 Gracian Zibelu Banda 50 5. The Pro-democracy Movement in Malawi: The Catholic Church's Contribution, 1960-1992 66 Joseph C. Chakanza 66 6. The Law and Practice of Censorship in Malawi: A Critical Review 84 Fidelis Kanyongolo 84 7. The Experience of Women Under the One-Party State and in the Political Transition 100 Peter Ngulube-Chinoko 100 8. Operation Bwezani: A Theological Response 113 James Tengatenga 113 9. Information Technologies in Malawi's Political Transition 123 Robert M. Nkhalambayausi Chirwa 123

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10. Church and Politics: The Case of Livingstonia Synod. Fulata Lusungu Moyo 11. Malawian Poetry of the Transition: Steve Chimombo's A Referendum of the Forest Creaturesand Jack Mapanje'sThe Chattering Wagtails of Mikuyu Prison Anthony J.M. Nazombe 12. The "Smaller" Churches and Big Government Klaus Fiedler

133 133

147 147 166 166

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Contributors

Gracian Z. Banda is a Lecturer in Law in the Department of Law, University of Malawi. He holds a Master of Laws degree in International Economics Law from the University of Warwick, UK. J.C. Chakanza is Senior Lecturer and Head of the Department of Theology and Religious Studies in the University of Malawi. He received his doctorate from the University of Oxford. He is the Author of many articles and the editor ofReligion in Malawi. Fr Chakanza also serves as Catholic Chaplain to the University of Malawi. Robert M. Nkhalambayausi Chirwais a Lecturer in Computer Science in the Department of Mathematical Sciences, University of Malawi. He was awarded a Master's degree in Computer Science by the University of Kentucky in 1990. He has contributed papers to recent conferences on Information Technology in Southern Africa. Klaus Fiedlerin Church History and Missiology in the lectures Department of Theology and Religious Studies, University of Malawi. He holds doctorates from the University of Dar-es-Salaam in Tanzania and the University of Heidelberg in Germany. The author of many publications, his major work isThe History of the Faith Mission(Oxford: Regnum, 1994). He is also the editor of the German missiological journalEvangelikaleMissiologie. Fidelis Kanyongolois a Lecturer in Law at the University of Malawi. As a student he was detained without trial in Mikuyu Prison for one year. He is active in human rights work in Malawi. Fulata Lusungu Moyocurrently teaching at Masongola Secondary is School in Zomba. She holds a B.Ed. from the University of Malawi, a Honours degree and a Master's degree in Religious Studies from the University of Zimbabwe, and a certificate in Ecumenical Studies from the Ecumenical Institute, University of Geneva. She has contributed to Religion in Malawi. Anthony J.M. Nazombeis a Senior Lecturer in the Department of English, University of Malawi. He has a doctorate in English Literature

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from the University of Sheffield, UK. He is editor of the AnthologyThe Haunting Wind: New Poetry from Malawi(Blantyre: Dzuka, 1990). He is also the current Vice Chairperson of the Association of Teachers and Language (ATOLL), a SADC organization.

Peter Ngulube-Chinokoa teacher at Katoto Secondary School in is Mzuzu and a part-time M.A. student in the Department of Theology and Religious Studies, University of Malawi. As an undergraduate he was expelled from the same University after publishing poems which were considered to be too critical of the government. He was able to continue his studies in Rome and was awarded a B.A. with distinction.

Matembo S. Nzunda is a Senior Lecturer in the Department of Law, University of Malawi. He holds a doctorate in Company Law from the University of Cambridge in England. He has published numerous papers on various aspects of the law, including company law, conflict of laws and environmental law. He also practices law in Malawi. At the 1994 General Elections he was elected as the Alliance for Democracy M.P. for Chitipa North. Kenneth R. Rossa Senior Lecturer in the Department of Theology is and Religious Studies, University of Malawi. He was awarded a doctorate in ecclesiastical history by the University of Edinburgh in 1987. He is the author of Church and Creed in Scotland (Edinburgh: Rutherford, 1988) and has written many articles on church history and theology. He is the current Secretary of the Association of Theological Institutions in Southern and Central Africa (ATISCA). James Tengatengais an Anglican priest and a Lecturer in Systematic and Pastoral Theology at Zomba Theological College.

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Foreword to the 2020 Reprint

Though it was a modest book – just 12 chapters spanning 170 pages – Church, Law and Political Transition in Malawia landmark was publication. During 30 years of one-party rule and police state from 1964 to 1994, freedom of expression was unthinkable in Malawi. When this volume appeared in May 1995, it was the first book to be published in which authors freely offered their political analysis without fear of repercussions. During the preceding two years, free expression of political opinion had been aired in a plethora of newspapers, which emerged to catch the mood as the country embraced democratic freedoms. The originality ofChurch, Law and Political Transitionwas that it was the first book-length study, written to a high academic standard, to embody the new-found freedom. Klaus Fiedler, Head of Publishing at the Kachere Series at that time, recalls that he was frequently asked whether the book had been approved by the Censorship Board. For many years it had exercised tight control on what could be published in Malawi. So much so that to many it seemed unbelievable that there was freedom simply to publish a book without any constraints by the organs of the state.

The origins of the book lay in the “Social Change in Malawi Seminar” that was inaugurated at Chancellor College, University of Malawi, in late 1993. Its deliberately opaque title was designed to disguise its intention to apply academic analysis to the tumultuous political events that were unfolding. In fact, it’s very first meeting was an “under- ground” event since it still seemed uncertain whether such an activity could be allowed by the authorities and it was thought prudent not to attract too much attention. Such concerns were short-lived, however, as it soon became apparent that a much freer environment was developing in Malawi and even those in authority had to recognize the changed context.

In a constrained academic environment, where Departments were encouraged to keep themselves to themselves and eschew the kind of critical debate that might ensue if different disciplines engaged with one another, it was an innovative and exciting move when the Faculty

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of Law and the Department of Theology and Religious Studies joined forces to consider the political transition then underway. There was a clear rationale for these two disciplines to take a lead. The transition had been sparked off by a religious event—the issue of the Catholic Bishops Pastoral Letter in March 1992. The churches had been prominent in the follow-up movement that led to the creation of the Public Affairs Committee as a non-governmental engine of political reform. At the same time, the law courts were soon much busier than usual as people sought to defend their rights by seeking legal redress. Church and Law were therefore in the forefront of political change in Malawi and it behoved academics working in these fields to offer scholarly analysis. This they did not in an exclusive way but in a way that was open to contributions from other disciplines as well. It was out of this dynamic academic innovation that the book arose.

It can also claim another place in history as it was the first book to be published in the Kachere Series. Few would have guessed at the time that it would be the first of over a hundred titles to be published under the Kachere imprint, besides a further 73 (and counting) published by its sister publishing houses Mzuni Press and Luviri Press. Both locally and internationally, this has been recognized as a publishing phenomenon that has few parallels in Sub-Saharan Africa. The Kachere Series was born and nurtured within the Department of Theology and Religious Studies at Chancellor College. Always it was a highly collaborative effort but it would not have succeeded as it did without the energy, skill and publishing passion of Klaus Fiedler, who had recently come from Germany to join the Faculty. The Series aimed to offer “a range of books on religion, society and culture from Malawi.” When it came to finding a publisher forChurch, Law and Political Transition in Malawi 1992-94, there was no need to look very far. It was promptly agreed that this would be the first book in the projected series. Hence it occupies a distinctive place not only in Malawi’s political history but also in its publishing history.

The historic nature of the book already provides a strong argument for keeping it in print. It may, however, be of value for more than historic reasons. The reprint appears at a time when hopes have risen in Malawi of another political transition that might allow the country to

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