Maravi

Sata still a PI in Malawi

Sata still a PI in Malawi
By Chibaula Silwamba
Thu 29 Sep. 2011, 15:10 CAT

MALAWI'S President Bingu wa Mutharika's government is in an embarrassing diplomatic situation over its politically motivated declaration of Michael Sata as a prohibited immigrant in the country, says President Michael Sata's Malawi-based lawyer.

But Malawi government spokesperson Patricia Kaliati speculated that President Sata could have been declared a Prohibited Immigrant (PI) because he was an opposition leader but was now free to visit the neighbouring country, being the number one citizen of Zambia.

In a telephone interview from Malawi yesterday, President Sata's lawyer Ralph Kasambara said the Mutharika-government had not formally communicated to the newly-elected Zambian President that he was now a ‘desirable' person.

"His being declared a PI is a legal act and it was not just by an immigration officer. It was a directive from the Minister of Home Affairs and Internal Security.

The fact that he is now the President of Zambia does not change the status because it was not the office of the President of Zambia that was declared a PI, it was himself the person," Kasambara said.

"It cannot be assumed automatically that ‘oh now simply because he is the President and therefore he is on VIP treatment', which is true but it does not mean VIP treatment means he is a desirable element because they said he was undesirable element in Malawi."

Kasambara said the onus was on the Malawi government to reverse its decision.

"It will be foolhardy of mine to advise His Excellency Sata to say, ‘now you can safely travel to Malawi, you will not be embarrassed at the border'," Kasambara said.

He explained that President Sata had sued the Malawi government in a Malawian court demanding an explanation on why he was declared undesirable element but that the matter had not been decided for three years now.

"It's embarrassing for the judge because we have been waiting for three years and the matter has been in court for four years and yet judicial review is supposed to be ready within three months but now we are talking about three years. It's an egg on the face of our judiciary," he said.

"That case can be abandoned but the government of Malawi has not explained to him why he was declared an undesired element. It is too strong a statement for somebody to declare you an undesirable element in a neighbouring country where you have been visiting quite often."

However, the case has not been withdrawn.

"From my last chat with President Sata yesterday Tuesday he hasn't indicated to me that he has been informed by the Malawi government that now they have reversed the scenario. In view of that background, it will be very dangerous and unstrategic for President Sata to travel to Malawi," Kasambara said.

He said the wrong diplomacy had put President Mutharika in an awkward situation.

"For certain, that is a joke because when Zambians come into Malawi at any border they don't have to explain why they are coming to Malawi.

But when President Sata came, he was just greeted by immigration officer who said, ‘sorry sir you can't enter Malawi, you have been declared a prohibited immigrant'," he said.

Kasambara said the abusive treatment President Sata faced could have been political.

"Why it is embarrassing for the President Mutharika here is that one might easily put in that it was politics that came to play. And if it's politics that came to play then it's dangerous for a country to get involved in another sovereign state's internal politics," Kasambara said.

"The Malawi government has gotten the egg on its face because the man they declared a prohibited immigrant is now a President of a neighbouring country and now they are supposed to shake hands and dine with him."

And Kaliati, who is also Malawi's information minister, said President Sata was free to visit Malawi, but could not explain if Zambia had been formally communicated to.

"During that time he was just doing his visit, I don't know how it was, he was just an ordinary person like you and me. Today, he is His Excellency and he is number one citizen of Zambia. There is no problem. After all when he comes, he is representing the Zambian people," Kaliati said.

"I don't think there is any restriction for him to come and attend the COMESA meeting."

Asked if the PI status had been lifted, Kaliati said that would be handled between the ministries of foreign affairs of Zambia and Malawi.

She said bilateral relations between Zambia and Malawi were still intact and strong and would be dealt with at government level.

"We communicate government-to-government. You are just lucky that I am responding to some of your questions. If anything you get information from the government of Zambia," said Kaliati.

Zambia's ministry of foreign affairs said it was discussing President Sata's PI status with its Malawian counterpart.

Labels: BINGU WA MUTHARIKA, MALAWI, MICHAEL SATA, PATRICIA KALIATI

posted by MrK @ 5:09 PM