Do not make laws with “certain people” in mind….

By Janet Karim

So they hanged Haman on the gallows that he had prepared for Mordecai. Then the king’s wrath subsided. – Esther 7:10

When I was a child, I talked like a child, I thought like a child, I reasoned like a child. When I became a man, I put the ways of childhood behind me. (1 Corinthians 13:11).

In July 2022, Malawi Parliament passed the Courts Act Amendment which increases the retirement age of judges from the current 65 to 70. In November of the same year, President Lazarus Chakwera has assented to the Courts Act (Amendment) Bill which, among other things, proposes adjusting upwards the retirement age for judges from 65 to 70. This is a great and wise law, despite the fact that many of Malawi’s finest justices have retired from the bench. And politicking has turned its eyes on political foes: lawmakers have put their eyes on limiting the age at which one may contest for the hot seat of the presidency. Oh that Lady Justice could talk!

In the 1990s’ soon after winning the 1994 presidential elections, various United Democratic Front Government rushed to pass a law that put the retirement age of high court judges at 60, down from 65 years. Since that fateful passing of retirement of judges, Malawi has seen the best of the judicial system from Chirunga campus retire, with many graduating to eternity. Recent retirees include, justices Singini, Msosa, Twea, Kamanga, Ansah, Mwaungulu, Nyirenda, and many others.

The 1995 preoccupation with the retirement age of the justices, was aiming for one individual: Chief Justice Richard Banda. Retired him, they did through the crippling law. Many other justices followed suit.

These past months, Malawians are at it again. This time, they are fast making a law limiting the age of presidential candidates. Of course, they are aiming at the elderly former president, Arthur Peter Mutharika. What did we not learn from the retiring of justices at 60 because of one individual justice?

The picture of Lady Justice (always with a blind fold over her eyes) is that

1.     The law is for everybody…

2.     The law is not selective…

3.     The law is to deter or promote benefits or lack of it equally across the spectrum of the lives of the people for whom the law is made…

4.     Lastly, NO ONE IS ABOVE OR BENEATH THE LAW.

APM and Chief Justice Richard Banda (Rtd.), are Malawians and should and must enjoy the same benefits of the Laws of Malawi. For anyone in power or near the sources of power, to make laws just for some people, is a futile, petty, and dangerous exercise. An exercise that as a people, Malawians must shun and abhor with a vengeance.

As a people, Malawians, we need to come to grips with the reality of life: AGE HAPPENS. To all of us, age happens!

I stand here just like former President H. Kamuzu Banda said many times “I am not going anywhere, for those of you who wish that I should die, my work here in Malawi is not finished.” Banda reiterated this point; he retired to Mudi Palace after his 1994 presidential bid defeat, and passed away three years later in 1997.

The law to limit or prevent Malawians from contesting on account of a person’s senior age, is unconstitutional, discriminatory, and counter-productive. In the old days, our elders used to say such moves are made because someone is lacking a tune (Kusowa nyimbo). No Malawian should be prevented from running for an elected office on account of his or her age.

Writing about former President Banda has reminded me of how fortunate Malawi is to have three former presidents. In my mind is the exclusive club the three belong to. Former President Bakili Muluzi, former President Joyce Banda, and former President Arthur Peter Mutharika. My heart is warmed up just thinking about the vast wealth of experience the three of them hold. There could be a fourth. It is important for our nation for these to gel in some fashion; maybe hold monthly or six monthly meetings, such get-togethers would foster unity that is so vital for our small nation and an essential modeling for upcoming leaders of our great Malawi.

United we stand, divided we fall! Malawi, choose unity!