Former MISA Malawi president Ndanga named as MHRC commissioner

* 7th cohort chairperson Scader Louis, Sports Council Board chairperson, Dr Sunduzwayo Madise retained

* President Chakwera appeals 8th cohort of commissioners to be equally vigilant

By Patricia Kapulula, MANA

The 8th cohort of Malawi Human Rights Commission (MHRC) which President Lazarus Chakwera has appointed includes former president of the Malawi Chapter of Media Institute of Southern Africa (MISA), Teresa Ndanga.

Others are Malawi National Council of Sports Board chairperson, Dr Sunduzwayo Madise; Viwemi Chavula; Andrew Kavala; Boniface Massah; Scader Louis; the Ombudsman, Grace Malera and Law Commissioner Chikondi Chijozi.

Those who have been retained include the 7th cohort’s chairperson, Scader Louis, Madise, leaving out Baldwin Chayamwaka and Habiba Osman, who was the executive secretary.

At the swearing in at Kamuzu Palace in Lilongwe on Thursday, Chakwera appealed to the commissioners not to be selective in their approach to the protection and promotion of human rights but to be vigilant and focused in their duties.

“You must be vigilant against familiarity,” he said. “Don’t become so familiar with the state of human rights in the country and take it for granted.”

Chakwera urged the commissioners not to lose faith despite institutional, social and cultural challenges facing the promotion of human rights in the country.

“There will always be challenging processes but that should not be the reason to lose faith,” he told the commissioners.

On his part, Minister of Justice, Titus Mvalo asked commissioners to commit themselves to follow the constitution and the law in promoting and protecting human rights in the country.

One of the commissioners, Chikondi Chijozi said their role is to promote human rights for everyone, including those who identify themselves as lesbian, gay, bisexual, transgender and intersex.

“There will be no selection. We will also look at freedom of association and expression, among others. As a commission, we will do our part in civic education on people’s responsibility as they exercise the rights,” she said.

Under Section 131 (2) of the Constitution of the Republic of Malawi, President Chakwera appointed a nine-member human rights commission effective August 26, 2023 for a period of three years.

At the farewell cocktail in February that the government organised for the 7th cohort of  commissioners who served from 2020 Attorney General Thabo Chakaka-Nyirenda emphasized that the MHRC is one of the most important governance institutions in Malawi — with extensive powers transcending public and private institutions.

Chakaka-Nyirenda, who spoke on behalf of the Minister of Justice, observed that the 7th cohort  was proactive after they successfully investigated 13 high profile cases.

The AG quoted section 12 of the Human Rights Commission Act (Chapter 3:08 of the Laws of Malawi), that says: ‘The Commission shall be competent in every respect to protect and promote human rights in Malawi in the broadest sense possible and to investigate violations of human rights on its own motion or upon complaints received from any person, class of persons or body’.

“The Constitution, at section 129, emphatically gives the Human Rights Commission powers of investigations ‘of violations of the rights accorded by this Constitution or any other law’,” he said. “Mark the phrase ‘the rights accorded by this Constitution or any other law’ — denoting virtually any constitutionally protected right or right protected by any law.

“To be appointed as a Commissioner of a constitutional body with such wide ranging powers on wide ranging aspects of life is a great privilege, a great source of pride and a great gift from God.

“In this era, observance of human rights is key to sustenance of the rule of law and attracting trade and investment. In my role as Attorney General for the Republic of Malawi, I have been reviewing agreements with some investors.

“I have come to realise that protection of human rights is now key in investment and trade agreements. I have come to learn that global reference to human right protection as is the case with reference to anti-corruption and anti-money laundering safeguards a requirement for the bankability of projects that investors undertake.”

The Attorney General further said as a ‘social licence”, investors into Malawi “are required to comply with human rights as resulting from applicable law, including international treaties for their provisions directly applicable to the investors”.

“The United Nations Sustainable Development Goals also place great emphasis on promotion and protection of human rights. I have come to realise that perhaps the work and relevance of the Commission towards social development and economic development is perhaps underrated.

“You had a huge task to counterbalance between economic development and social development. The aspirations of the Constitution and the MW2063 agenda would be a mere pipedream if human rights are not championed and protected,” he said.

Soon after Scader Louis’ appointment in 2020, US Embassy to Malawi lauded he for being the first woman with a disability to chair the MHRC, saying: “She overcame orphanhood and a road accident that injured her spine and left her restricted to a wheelchair, to pursue a successful career in accounting.

“The biggest challenge has, however, been the fact that you have a disability and that you are a woman. This means you have to prove to the world that you can still do things,” said the statement during the Women’s History Month.—Additional reporting by Duncan Mlanjira, Maravi Express