According to published
reports [Nation Online and Nyasa Times of November 17, 2013], the civil society in Malawi wants all cash-gate cases to be
investigated and prosecuted by the end November [2013]. A petition to that effect will be presented to President Banda in due course. This is the second most
outlandish thing I have heard from these guys in as many months; the first one
being a threat to boycott the payment of taxes. For starters, it should be
obvious to any clear minded individual that the sheer monstrosity of the
cash-gate scandal is such that investigations may actually take many months to
complete. One would have thought that our civil society would be pushing for
more thorough and painstaking investigations for the consequences of a shoddy
job should be self-evident. Acquittals and subsequent nauseating settlements in millions
of kwachas for malicious prosecution and false imprisonment claims. But this gung-ho
attitude is troubling for even more serious reasons. The petition which the
Civil Society has prepared will be addressed to the President. It stands to
reason, therefore, that in effect what the President will be asked to do is to
ensure that the cash-gate investigations and prosecutions are fast-tracked to
meet the ominous November [2013] deadline. The only problem with this call is
that it assumes that the President has the power to direct how both the Police
and the Director of Public Prosecutions investigates and conducts prosecutions
in respect of the cashgate scandal. Well, she does not. These 2 institutions
are under our law required to operate independently, free from any influence be
it presidential or otherwise. [And I have always thought that this was a good
thing. Well apparently not.] The fact that there has been interference in the
operations of these institutions by the Presidents in the past does not colour such interference
with any legality. Independence of these 2 institutions at the most basic level
entails that they should not be at the receiving end of orders from any office
on how to do their job. If the President tells the Police and the DPP to finalize investigations and prosecutions
by November [2013], even if the same was feasible which it clearly is not, what
will stop her from telling them who to
and not to investigate and prosecute? It’s quite ironic, isn't it, that it
is now the civil society which is foaming and frothing, championing the anarchy and illegality. Very ironic indeed. It’s a crazy world this one.
In any event, prosecutions do
not just involve the police and prosecutors. It also involves courts which, as
is or should be elementary knowledge, do not answer to the President. How legitimate is it
to demand that a President deliver on a timetable she has no control over whatsoever?
Am not Mrs. Banda fan, naturally, but this is a no-brainer really.
Can we all calm down and be sensible
about all this, please? Look, we are all seething with rage that some miscreants
helped themselves to our money as our brothers and sisters lay dying in our
drugless public hospitals. [How bizarre, by the way! Hospitals without drugs.
How about changing their names to ‘Departure Lounges’? Because in all
fairness that’s what they have become.] But I digress. We are all mad that
cashgate happened. But the last thing we need is a mob mentality. We are a country of laws and processes and we must exercise restraint as these take
their course. There are hardworking public servants in this country who are putting
themselves in harm’s way [we all saw what these guys are capable of didn't we?]
working 20 hour days, on measly pay, so that those who did us this great wrong
are brought to book. Let us be patient and let them do their job. Professionally
and efficiently. Save the hysteria for
another day. We are dealing with a serious issue here. It does not admit of
melodrama.
