Former Trade Minister Kansichi praises Minister Mumba’s invasion of companies subjecting employees to poor working conditions

NT Plastics Manufacturing Ltd managing director, Zhouh Young Fei being arrested for continuing operations defying the closure order

* Congratulates him for being a pragmatic leadership in an effort to restore sanity, ethics and enforcement of the law in the industries

* Which, apparently, are being neglected, largely because of greed and corruption within the layers of our society

By Duncan Mlanjira

Former Minister of Trade, Martin Kansichi — who served during the Democratic Progressive Party (DPP) administration under President, late Bingu wa Mutharika — has praised Minister of Labour Eng. Vitumbiko Mumba’s invasion of companies that are subjecting employees to poor working.

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This comes after Eng. Mumba was reproached on social media for taking a hardline stance against companies violating labour laws by ordering temporary closure of three companies in Lilongwe for violating Occupational Safety and Health Welfare Act.

He invoked the law after he discovered the violations at CP Feeds on the Airport Road at Magwero, Topmax Malata in Njewa and NT Plastics Manufacturing Ltd at Njewa.

Mumba, appointed Minister of Labour on January 1, was criticised by a minority of the public for personally being involved in the inspections, with renowned law professor, Danwood Chirwa describing his actions as pulling “a clearly xenophobic stunt to prove his credentials as a showman like his boss [President Lazarus Chakwera].

But many people chastised Danwood Chirwa and Kansichi joined in the defence of Mumba through his Facebook page, saying: “I thought it wise to first of all, congratulate you for your pragmatic leadership in an effort to re-introduce sanity, ethics and enforcement of the law in our industries”.

Kansichi observed that the industrial law is being “neglected, largely because of greed and corruption within the layers of our society” — and he also share his experiences on similar actions that he used to do, which was also criticised by his fellow Cabinet Ministers when his Ministry tried to restore order in the industry.

“Out of sheer ignorance, my colleagues used all available resources to castigate my actions, using other people, because they thought I was favoured by the then President.

Martin Kansichi

“They did not seem to appreciate, the many atrocities some of these organisations committed against their employees and the sad health risks in their manufacturing entities projected against consumers because of negligence.

“Knowing fully well, your commitment to your job, which attaches an element of sacrifice and spirituality, I decided to encourage you to just do what is right according to your understanding of your job description, as Cabinet Minister. 

“Not everybody is happy with your coming in as Cabinet Minister — hence the undeserved barking of those who even claim to have studied law. Bear this in mind that those who love you, and our beloved country, will not waste their energy, to use the social media to reprimand you.

“They will approach you as a friend and try to understand both sides of the story before they react. Mind you, there are others who will pretend to be friendly to you, but are secretly building up cases against you even by using the State President’s office. This is about the unfair world we live in. 

“In my experience, some Cabinet Ministers falsely, reported to His Excellency the President, that I was putting spanners on foreign companies because I wanted to receive bribes from them. Unfortunately, they were the ones soliciting bribes from the offenders.”

Danwood Chirwa

The South Africa-based Danwood Chirwa was reprimanded for addressing the Labour Minister in his post as the “so-called ‘Engineer’ Mumba”, which Innocent Mahemba Moyo responded: “Is Prof. writing in his capacity as a law scholar or another opposition party supporter? This post stinks personal hate speech and egocentrism. How does one address somebody ‘so called Engineer’?”

To which Christopher Kampaliro responded: “People in diaspora! — always trying to be relevant! Bwelani muone mavuto kumudzi kuno (come back home and appreciate the problems people are facing) Don’t discourage those trying to correct things! Akakhala mu office muzitiso he is doing nothing?”

Michael Ngwira attested that they are a number of companies that responded to Mumba’s stance by purchasing personal protective equipment (PPEs) after Mumba’s action was publicised through mainstream media.

“If there is no law, let’s make the law backing what Eng. Mumba did because he indeed acted against folks that have been breaking the labour laws with impunity for many many years,” Ngwira said.

To which the lawyer responded: “I haven’t said that labour laws mustn’t be enforced — I have said that he is faking the enforcement. Tomorrow, the company will continue to operate, just like many others that commit the same atrocities.

“I have also said that to demonstrate seriousness about the plight of the impoverished who offer their bodies for exploitation, requires urgent attention to ameliorating the conditions that reproduce poverty.

“There’s no such recognition by this and previous governments, but only impunity to loot that undercuts the delivery of public services including education, medical care, etc and the creation of an economy that creates decent jobs.”

He retorted by saying: “What surprises me is, even those with basic education seem incapable of understanding this.”

In his original post, Chirwa had scoffed that some Malawians were “busy clapping hands for [Mumba]” but after scritinising the law, he “couldn’t find any that allows [the Minister] to trespass on the business premises of any person”.

“The closest law I could find is the Occupational Safety, Health and Welfare Act of 2014, but this law only empowers inspectors and the Director of OSHW, which he is neither, to enter and inspect premises subject to the Act without notice. Neither does this law empower the Minister to suspend operations of any business.

“Mumba’s stunt is symptomatic of poor governance, incompetence, pretence and opportunism. He should know that the government he has joined has failed to live up to expectations — it has deepened corruption.

“It has escalated looting. It has institutionalised nepotism. It has completely destroyed institutions of the state such as the ACB. It has failed to create conditions under which the economy could thrive and create decent jobs for the people or support small businesses.

“This is a country that cannot attract serious businesses from around the world and so people are left to feed on scraps. We have a large population of unemployed youths and older persons who have no access to social security. Extreme poverty has driven them to destitution.

“Some, desperate to escape this man-made crisis, have opted to offer their bodies up for exploitation in the homes and businesses of local Malawians and foreign business owners, or outside the country.

“The targeting of a Chinese business, which is purely xenophobic, is meant to whip up passions of contrived nationalism and detract attention from the failures of the current administration. In this, Mumba has succeeded in part — but his ruse must be exposed for what it is.”

He further chastised Mumba that he “must enjoy what is left of this pathetic government. He is a greedy fellow who has joined a government that has six months left to terrorise the people.

“Malawians must not allow to be cheated again by this group of charlatans. They have had their chance and they have blown it. Very cheap stunts.”

In his response, Kamesu Wangonde observed that Chirwa is judging about the six months to the 2025 General Elections, yet he probably doesn’t vote being based in the diaspora: “Where do you even get the energy to conclude as if you will even participate in the voting process?”

Edwin Mandala defended Mumba as “doing something right — bringing a sense of humanity to the marginalised. Imagine being asked to work in poor conditions and naked! God forbid.”

Others observed that Chirwa just criticised without offering a better solution to the laws with Lionel Ron Chipeta saying: “Sometimes, we don’t have to go by the book/laws — call it a xenophobic stunt but I for one wouldn’t tolerate some Chinese guy making our own brothers work in their birth suits like literally naked.

“In their own country? That’s a no no for me! Consult or apply your intelligence/laws but none needs to go to school to address such inhumanities in our own country.”

Moses Kita also differed with the law professor, saying, while he agrees that what the minister did should have been done by labour inspectors, he might have bypassed them because they “are part of rotten civil service in our country”.

“To me Eng. Mumba must reach out to all other companies that do not comply with the law. Actually workers working under similar space  must report to minister directly.”

Meanwhile, a report on Malawi Government Facebook page indicates that one of the companies that were closed on Thursday, NT Plastics Manufacturing Ltd, reopened without following proper procedures.

Another surprise visit to NT Plastics Manufacturing Ltd

Minister Mumba made another surprise visit to the torch manufacturing company in Njewa the following day after receiving a tip-off from local residents and its managing director, Zhouh Young Fei, was arrested for failing to comply with the order to close the company until all issues related to poor working conditions for the Malawian employees are resolved.

The company was ordered to close due to the lack of a proper work environment, inadequate safety gear for employees, and unhygienic toilets for workers — but during the second surprise visit, workers were still on duty without the company complying with the directives it was issued.

The Minister referred the managing director to the Labour Law Commissioner for arrest due to violations of Malawi’s labour laws, the Minister was quoted as saying, adding: “l have further sent more labour workers to inspect all closed companies and should any object to the order, the laws will be imposed on them.

“As a ministry we will ensure that workers’ rights are promoted in the country by following the right labour laws of the country,” he was quoted as saying.

Public notice

Thus the strong defence to Mumba’s action exonerates him with William Kachingwe responding to Chirwa, saying: “Counsel, I follow you very much on this forum and I really like your pieces whenever you drop one.

“However, on this one am not with you. Mumba’s current gesture is of paramount importance. The OHS officers are sleeping on job — hence the Minister’s intervention.”

Kachingwe attested that he has “ground experience how these foreign companies disregard the laws of Malawi in terms of OHS and other related labour laws — most Malawians are being enslaved, too little pays, no fatigue management plans, you can name many noncompliance to work standards which are being violated by these owners of business.

“I do not think the Minister will be operating like this every day. This was just being exemplary to his staff. Late Magufuli, as a president of Tanzania, used to confront contractors right at the site, reprimanding them, threatened them. Magufuli was a hero who was celebrated as tough and charismatic leader by the world at large.

“I don’t see the difference with between Magufuli and Mumba,” Kachingwe said, to which Michael Nyirenda responded, saying: “What happens when he accompanies the said inspectors? Are the inspectors prevented from asking others to accompany them? Just asking for ignorance of the legalese.”

Chippie Saka said: “Lawyers confuse me — in all honesty. I find law somehow two-faced. I think this is a perplexing situation, isn’t it? On one hand, we have lawyers filing for a convict to get bail, and our learned friends seem to be waving it off as just another day at the office, bending the laws to fit their narrative.

“On the other hand, a Minister steps in to close a shop for safety reasons, and suddenly it’s a big legal uproar. Prof, from my innocent curiousity, which is more illegal? From where am sitting, it seems like a classic case of ‘depends on who you ask’.

“Is it illegal to prioritise public safety, or is it more illegal to twist the law to let someone walk free? In the end, it might just be a matter of perspective — one man’s ‘justice’ is another man’s ‘injustice’ — and here we are, caught in the middle of this legal limbo! Confused, I sit.”

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Golden Gowa Nyasulu hinted that “we cannot develop as a country if we religiously adhere to these stupid laws copied from colonial masters. Let the law be there, but if one does something for the general good, let it be so.”

Mike Nyirenda wrote: “Prof, your writing sounds more negative on what the Minister is doing. Would you also shed more light on what laws these companies are following to extremely exploiting Malawians this way. The labor minister is being proactive in unearthing the suffering of innocent Malawians, this should be appreciated.”

Evison Cizza Nkhoma added that what Mumba is doing “is pure radicalism — getting to the problem and applying ultimate solution. No country has laws to oppress its citizens by foreigners.

“Mumba is doing the right thing and surely this was to be done long ago. Go to Botswana you’ll never get such exploitation of citizens. In our case you study law only to use it as a tool of oppression against the people.

“Where were all those you’ve mentioned to rectify these problmes?  Can you go to Asia and exploit them there as black as you are? Don’t use your law knowledge to oppress people.”

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Chawa Mkandawire also agreed, saying, “not everything should be looked at with legal eyes, zinazi zimafunika nzeru zapa ground. Nzeru zowoneka mwauchitsilu.

“As long as those conditions improve, we won’t care about the means. Mandela had to kill to save his country men. Even the irrelevant John Chilembwe anapha mzungu.”

While indicating that he is not as learned as Chirwa, Suzgo Mgezenge Nyirongo defended the Minister that what he did was not “a stunt or had any elements of xenophobia — but it should also be realised that the people in the act are our oppressors in our own country which should be condemned at all costs”.

“Why do people find it right when their people are trumpled on? Do we smile at things because of poverty? Truthfully speaking, Malawi is being misdirected by the so-called educated people and the country is not progressing.

“The company has been given conditions to put in place so that our people are  protected and safe in work places. Mumba is doing the right things for his people and it’s a step in the right direction — whether he is there for 6 months or not but his work will make a difference.”

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Atusaye Mwalwanda gave an example of the slavery days in the US where “some slaves sympathised with their tormentors and slave drivers for some leniency. Sometimes they were rewarded with responsibilities to lord over fellow slaves or serve in the slave master’s house.

“We have similar characters today who side with criminals and oppressors. Vitumbiko AZ Mumba, Pr Eng is fighting for the welfare of the common man. We have some unscrupulous investors here who are evading taxes and abusing their workers simply because they can corrupt their way out or because of law enforcement’s laxity.

“Let the other top government dogs emulate a good example of the Labour Minister”, to which Danwood Chirwa responded, saying: “Of course you don’t get the point, and will be disappointed again and again by the same people you praise — ignorantly. If you understood how poverty is produced and reproduced, you would gain a sense of how to combat it effectively and sustainably, not via cheap stunts but with concrete, well thought out action.”

But Mwalwanda responded back, saying: “You are one of the ‘learned men’ I respect — yet your uncalled for insolence to this new Minister cannot go without being challenged.

“I know Chakwera should have done much better as a leader if he was more action-oriented and hired more capable hands and successful people (pedigree) like Vitumbiko AZ Mumba, Pr Eng. By the way am not bootlicker for MCP or any of its leaders,” he emphasised.

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