Category: Judicial

Malawi has suspended the head of its Anti-Corruption Bureau over a leaked audio clip that where she suggested high-ranking officials were obstructing justice.

Martha Chizuma was arrested in December for the same issue but released on the order of President Lazarus Chakwera. Malawi media reports say Chizuma’s suspension came just hours before the bureau planned to issue arrest warrants for top officials.

In a letter made public Wednesday, Colleen Zamba, who is the secretary to the president and cabinet, said Chizuma’s suspension started January 31 and will last until the conclusion of the case.

In an audio with an unknown person that was later leaked to social media, Chizuma said that high-ranking officials, including lawyers, a judge and government authorities, were hindering her fight against corruption.

This prompted some of the accused people, including former director of public prosecution Steven Kayuni, to file criminal charges against her.

The latest lawsuit last week was in relation to comments she made in the audio against a judge, Simeon Mdeza, who at the time was handling a corruption case.

The two charges include making remarks calculated to lower the authority of a judge before a judicial proceeding is heard, and making comments capable of prejudicing a person against a party to judicial proceedings.

Martha Kaukonde, who is Chizuma’s lawyer, told VOA the suspension order is void and it will be challenged in court on Friday.

“The law is very clear that she can only be suspended by the president,” Kaukonde. “And in this scenario, she has been suspended by the head of civil service, SPC.”

During the State of the Nation address on January 24, President Lazarus Chakwera described Chizuma’s action as unfortunate but said he would not dismiss her.

Instead, he issued a stern warning that he will keep an eye on her conduct

Michael Kayiyatsa, the executive director for the Center for Human Rights and Rehabilitation, said he is surprised with the government’s sudden change of heart.

“If you analyze the whole issue, it’s a matter of hypocrisy,” Kaiyatsa said. “The president has been hypocritical because what he says publicly and what he does behind the scenes is contradictory. The same president says, ‘I have forgiven Martha,’ and later on he allows his own government to interdict her. The president has been sending conflicting messages.”

Malawi media reports say Chizuma’s suspension came just hours before the Anti-Corruption Bureau planned to issue arrest warrants for top officials.

Attorney Kaukonde suspects the move to punish Chizuma was planned long ago.

“I think it started in January 2022,” said Kaukonde. “It’s a plot to destabilize the fight against corruption. That’s what we are speculating. So, nothing more to it, she is just doing her job, and then she is stopped from doing her job.”

George Phiri, a former lecturer of political science at the University of Livingstonia in the north of Malawi, said the twists and turns of the Chizuma issue confirm there are some people within the government trying to hinder the fight against corruption.

“We need to know who is doing all this,” Phiri said. “Because the fight against corruption is on. And Martha Chizuma has taken the stand to fight as her office requires.”

In the meantime, the chairperson for the Legal Affairs Committee of parliament, Peter Dimba has resigned, citing frustration with how the Malawi government is handling issues surrounding the corruption fight.

In his resignation letter dated February 2, Dimba says he has observed that efforts to provide checks and balances to the government, particularly on the fight against corruption, have proved futile.

He said as a leader, he has taken full responsibility for failing Malawians in this regard.

Source: Voice of America

Children struggling with obesity should be evaluated and treated early and aggressively, including with medications for kids as young as 12 and surgery for those as young as 13, according to new guidelines released Monday.

The long-standing practice of “watchful waiting,” or delaying treatment to see whether children and teens outgrow or overcome obesity on their own, only worsens the problem that affects more than 14.4 million young people in the U.S. Left untreated, obesity can lead to lifelong health problems, including high blood pressure, diabetes and depression.

“Waiting doesn’t work,” said Dr. Ihuoma Eneli, co-author of the first guidance on childhood obesity in 15 years from the American Academy of Pediatrics. “What we see is a continuation of weight gain and the likelihood that they’ll have [obesity] in adulthood.”

For the first time, the group’s guidance sets ages at which kids and teens should be offered medical treatments such as drugs and surgery — in addition to intensive diet, exercise and other behavior and lifestyle interventions, said Eneli, director of the Center for Healthy Weight and Nutrition at Nationwide Children’s Hospital in Columbus, Ohio.

In general, doctors should offer adolescents 12 and older who have obesity access to appropriate drugs and teens 13 and older with severe obesity referrals for weight-loss surgery, though situations may vary.

The guidelines aim to reset the inaccurate view of obesity as “a personal problem, maybe a failure of the person’s diligence,” said Dr. Sandra Hassink, medical director for the AAP Institute for Healthy Childhood Weight, and a co-author of the guidelines.

“This is not different than you have asthma and now we have an inhaler for you,” Hassink said.

‘Not a lifestyle problem’

Young people who have a body mass index that meets or exceeds the 95th percentile for kids of the same age and gender are considered obese. Kids who reach or exceed that level by 120% are considered to have severe obesity. BMI is a measure of body size based on a calculation of height and weight.

Obesity affects nearly 20% of kids and teens in the U.S. and about 42% of adults, according to the Centers for Disease Control and Prevention.

The group’s guidance takes into consideration that obesity is a biological problem and that the condition is a complex, chronic disease, said Aaron Kelly, co-director of the Center for Pediatric Obesity Medicine at the University of Minnesota.

“Obesity is not a lifestyle problem. It is not a lifestyle disease,” he said. “It predominately emerges from biological factors.”

The guidelines come as new drug treatments for obesity in kids have emerged, including approval late last month of Wegovy, a weekly injection, for use in children ages 12 and older. Different doses of the drug, called semaglutide, are also used under different names to treat diabetes. A recent study published in the New England Journal of Medicine found that Wegovy, made by Novo Nordisk, helped teens reduce their BMI by about 16% on average, better than the results in adults.

How Wegovy works

The drug affects how the pathways between the brain and the gut regulate energy, said Dr. Justin Ryder, an obesity researcher at Lurie Children’s Hospital in Chicago.

“It works on how your brain and stomach communicate with one another and helps you feel more full than you would be,” he said.

Still, specific doses of semaglutide and other anti-obesity drugs have been hard to get because of recent shortages caused by manufacturing problems and high demand, spurred in part by celebrities on TikTok and other social media platforms boasting about enhanced weight loss.

In addition, many insurers won’t pay for the medication, which costs about $1,300 a month.

One expert in pediatric obesity cautioned that while kids with obesity must be treated early and intensively, he worries that some doctors may turn too quickly to drugs or surgery.

“It’s not that I’m against the medications,” said Dr. Robert Lustig, a longtime specialist in pediatric endocrinology at the University of California, San Francisco. “I’m against the willy-nilly use of those medications without addressing the cause of the problem.”

Lustig said children must be evaluated individually to understand all factors that contribute to obesity. He has long blamed too much sugar for the rise in obesity. He urges a sharp focus on diet, particularly ultra-processed foods high in sugar and low in fiber.

Dr. Stephanie Byrne, a pediatrician at Cedars Sinai Medical Center in Los Angeles, said she’d like more research about the drug’s efficacy in a more diverse group of children and about potential long-term effects before she begins prescribing it regularly.

“I would want to see it be used on a little more consistent basis,” she said. “And I would have to have that patient come in pretty frequently to be monitored.”

At the same time, she welcomed the group’s new emphasis on prompt, intensive treatment for obesity in kids.

“I definitely think this is a realization that diet and exercise is not going to do it for a number of teens who are struggling with this — maybe the majority,” she said.

Source: Voice of America

MEC chairman, Justice Dr Chifundo Kachale has called for patriotism and professionalism in the fight against corruption.

Justice Kachale made the call in his keynote address during the Anti-Corruption Bureau Interface and Panel Discussion held at Capital Hotel, Lilongwe on Tuesday, 29th November 2022.

In his keynote address titled “Restoring Patriotism And Professionalism In The Workplace”, Justice Dr. Kachale emphasized that beyond being a collective unit as a country, the battle against corruption boiled down to individual actions in the corner of society they control, regardless of how small they perceive it to be.

“In order to undertake a huge project effectively, it is usually broken down into smaller tasks which are then assigned to implementing units responsible for their portion: when each does their part well, the entire project will be a success.

“Restoring the values of patriotism and professionalism will require every single one of us taking responsibility for the wall right in front of; as we do our part faithfully, the rest of the edifice will emerge, strong and ready to serve all of us,” he said.

Justice Dr. Kachale also pointed out several instances where lack of professionalism and patriotism in the workplace posed a danger to the entire society.

“For instance, when an engineer certifies a substandard project as duly completed and in collusion with the accountant processes full payment for shoddy work that is clearly unprofessional and places lives of end-users, whether it is a road or other infrastructure in real jeopardy,” he said.

The MEC Chairman pointed out that corruption perpetuates injustice and unfairness in distribution of opportunities and erosion of dignity in society and advised that it was task of every Malawian to take a stand and turn things around for the better.

“I believe the mistake we make as Malawians is that we look to politicians to change this nation. Yes, they too have a big role to play, but so does each one of us at an individual level. That is why the Bible has a scripture that says ‘first remove the log that is in your own eye before you remove the speck that is in your brothers’ eye’.

“It is not an excuse to use the lack of professionalism and unpatriotic behaviour of others to justify your own- that is why we are where we are- if indeed you desire to change this nation, let each one of us say- even if others are not patriotic and professional, I will be, even if I am alone,” he said.

To restore patriotism and professionalism, Dr Kachale called for ethical education to be emphasized in formal training as well as within the workspace, enforcement of discipline in the event of default and reward of merit.

“We have to learn to reward only merit in the workplace. Bosses must not abuse their positions to gain sexual or other favours or to promote businesses that have no capacity to provide the service or product just because they belong to our preferred ethnic or political camp.

“We fail in our responsibility when we undermine the welfare of the majority in order to advance the interests of the few on grounds that lack any moral justification. It is a matter of justice to ensure that professional and ethical standards prevail in our workplaces,” he said.

Source: Malawi Electoral Commission

GENEVA (21 December 2022) – Large numbers of children working on tobacco farms in Malawi remain out of school, UN experts* warned today, urging the Government and tobacco companies operating in the country to improve labour conditions and ensure human rights are protected across the supply chain.

“Despite the abolition of the tenancy system, serious concerns persist in relation to risks of trafficking of children and forced labour,” the experts said. “Countries where tobacco companies are headquartered must strengthen action to prevent trafficking for purposes of child and forced labour.”

The experts said they had established a dialogue with some of the main companies involved in the tobacco industry in the country, including British American Tobacco, Imperial, Philip Morris International and Japan Tobacco Group after human rights abuses were reported within the sector.

“Cases reported affect over 7,000 adults and 3,000 children,” the experts said.

Tobacco farms in Malawi are usually located in remote areas where access to assistance and protection against labour rights abuses is limited, and action to prevent trafficking in persons is weak.

The remoteness of the farms also has a negative impact on children’s access to education and schools, according to the UN experts. In the aftermath of COVID-19, more than 400,000 children were reported not to have returned to school.

“A large number of children working on tobacco farms still remain out of school and have not returned to school post pandemic,” the experts said. The experts noted the efforts undertaken by Malawi and by some tobacco companies, including by supporting school feeding programmes and scholarships, but said that these are proving insufficient.

The experts pointed to discrimination against women in rural areas, leading to conclusion of contracts only with male heads of households, which increases risks of exploitation and abuse. “Women’s work remains invisible,” they said.

The experts called for strengthened monitoring, enforcement and business accountability on an urgent basis to prevent human rights abuses and ensure codes of conduct are effectively implemented in practice.

Workers’ organisations, civil society and trade unions play a critically important role in protecting the rights of workers and preventing trafficking for purposes of forced labour and child labour, the experts said. “Continued partnerships with and support for civil society and the national human rights commission, and ensuring civic space, will be essential.

“Improved transparency, reporting and human rights due diligence in the tobacco supply chain must be guaranteed,” they said.

Source: UN Human Rights Council

Support staff for Malawi’s judiciary system has ended a week-long labor strike after the government promised to consider its demands next year. The government has told the workers that it will honor their grievances in April 2023.

The striking judicial support staff resumed work Dec. 19, 2022, after several meetings between representatives of the workers and Malawian government authorities.

Andy Haliwa, spokesperson for the Judiciary Members of Staff Union in Malawi, said Finance Minister Sosten Gwengwe told attendees at a meeting over the weekend that their demands are not part of the current budget.

“We met the minister of finance in Lilongwe, where we had discussions as regards to the same and we reached a compromise whereby the government made a commitment that come next year, April, they might give us what we wanted,” Haliwa said.

The strikers’ demands include improved working conditions and allowances for working overtime or outside their normal places of employment, among other things.

Some critics of the government say the budget excuse is a way for officials to sidestep the striking workers’ demands.

But Haliwa does not think so.

“No, no, no, no. Much as we are a union, we trust our government,” he said. “The only problem we had was lack of communication. So, when we requested the minister to meet him, he accepted. We met, we discussed, and he promised that he will honor his promise.”

The strike, which began December 12, led to the indefinite suspension of many cases, as the strikers barricaded court buildings, denying access to judges, lawyers and other regular court users.

The strike also left prison and police cells overflowing with crime suspects.

Peter Kalaya, spokesperson for the Malawi Police Service, said the resumption of court operations will help ease crowding in police station holding cells.

“It was really bad because in all the days when these officers were on strike, we were still making arrests,” Kalaya said. “And we have our cells that are actually meant as temporary custody, so there was congestion in most of our police cells.”

A strike lasted two months in 2015, when workers demanded a 30% salary increase.

Michael Kayiyatsa, executive director for the Centre for Human Rights and Rehabilitation, said the government should work out a way to ensure that future court strikes do not happen.

“It’s not right that every time there are concerns, the government has to pay the blind eye,” he said. “To avoid a similar situation, the government should be proactive in addressing the concerns raised by judiciary workers, and also, other civil service providers.”

Haliwa said the workers have signed a memorandum of understanding with the government to ensure that their demands are honored. However, he added that court workers might resume their strike if the government flouts the agreement and fails to take their demands seriously.

Source: Voice of America

Police in Malawi arrested the head of the country’s Anti-Corruption Bureau on Tuesday over an audio recording leaked in January.

In the leaked audio, the director-general of the ACB, Martha Chizuma, was heard talking with an unknown person about how some churches, judges, lawyers and government officials were trying to block her effort to handle corruption cases involving British-based businessman, Zuneth Sattar.

During the state of the nation address on January 24, President Lazarus Chakwera described Chizuma’s action as unfortunate but said he would not dismiss her.

However, on Tuesday, Chizuma was arrested.

Her lawyer, Martha Kaukonde, told VOA she was not surprised by the arrest because there were several attempts to get Chizuma detained.

“There was a case that was commenced in Lilongwe that was thrown out by the court,” Kaukonde said. “And another case came up with Blantyre [court]; it was thrown out. A third one resurfaced in Mzuzu [court] and we proceed to apply for review in the high court in Lilongwe. And the high court agreed with us that the process being done was supposed to be stopped because the decision was already made in Lilongwe and Blantyre, so it was an abuse of court process.”

Kaukonde said Chizuma has since been charged and is now out on police bail.

“They say [the charge is] making use of speech capable of prejudicing a person against a party to judicial proceedings, contrary to Section 113 (1) (d) of the Penal Code. So essentially it is to do with leaked audio in January this year,” Kaukonde said.

Police said in a statement Tuesday that the arrest follows a complaint from the director for public prosecutions, Steven Kayuni.

Peter Kalaya, spokesperson for Malawi’s police, said: “Dr. Kayuni alleged in his statement that he was injured by the allegations that were made by the director general in a leaked audio clip in January this year. Malawians should know that High Court judge, Anabel Mtalimanja, ruled in September this year that any individual or party that felt aggrieved by contents of that leaked audio was at a liberty to lodge a complaint with us, the police.”

The arrest of Chizuma comes a few days after the Anti-Corruption Bureau arrested Malawi’s Vice President Saulos Chilima. Chilima is accusing of receiving payments amounting to $280,000 and other items from British businessman Zuneth Sattar in return for awarding Malawian government contracts.

On its official Facebook account, the main opposition Democratic Progressive Party said the arrest of Chizuma was an attempt by government authorities to block her plans to summon four government officials this week, including two cabinet ministers, over corruption-related issues.

Moses Mkandawire, chairperson for the National Anti-Corruption Alliance, said the arrest of Chizuma has a negative impact on the fight against corruption.

“We are frustrated, we are disappointed given the fact that there are a number of high-profile cases that have been put on the list like the Sattar case, the NOCMA fuel case and many other cases. And therefore, arresting Martha [Chizuma] at this critical juncture is very frustrating,” he said.

The charge which Chizuma was supposed to answer to has been dropped. Justice Minister Titus Mvalo told parliament Tuesday afternoon that the government has suspended the director for public prosecutions pending investigation into the arrest of Chizuma.

Source: Voice of America