preamble

this article was drafted a long time ago but today 10/08/2016 i was greeted by news headline at the back page of the Malawian newspaper The Nation newspaper. both news items were write by Garry Chirwa and they were on Nyasa Big Bullets and its relationship with Nyasa manufacturing co. then the following below came to mind;

On the 4th January, 2016 I was greeted by the back page of the Nation Newspaper with a sports article written by Garry Chirwa. The article’s heading broadly headed “BB deals rolls out’. However what attracted my attention was the subheading which read ‘call them Nyasa Big Bullets’.  In a short appraisal of the article it reports that Big Bullets football club has managed to get a five-year sponsorship deal from a tobacco manufacturing company called Nyasa manufacturing Company (NMC) worth 500 million kwacha. This means they will be getting 100 million kwacha per year.  This means BB will be given over 8.3 million Malawi kwacha monthly. These are not small monies thus everyone would jump into signing the dotted lines.

Furthermore, it was reported that Samuel Chilunga, BB Chairperson, and Demo Kalaitzis, Managing Director of NMC, had confirmed the deal and that this was a strategic business partnership. The business partnership entails BB brand adding value through increased sales of NMC products, the branding of BB team’s kit and using the BB players as NMC brand ambassadors just to mention a few. The report was not specific as whether the BB team’s name would change as pointed out in the subheading.

I must add that I am not privy to the actual contract therefore my analysis is based on what I read as reported by the esteemed Garry Chirwa. From the reading of the report there are several things that come out as to this important sports deal for the footballing sector in Malawi. This deal brings to the fore intellectual property (IP) issues that have been created through this deal. The fundamental question is who owns or who will own these intellectual property assets, which have been created. Intellectual property is an aspect of property whose concern is the protection of creations of the mind through the law.

Firstly, it is to do with trade mark. Trade mark as an aspect of IP has been defines by International Trademark Association (INTA) as any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the source of the goods of one party from that of another. Furthermore, trademarks must be registered in terms of the laws of each country and usually the application procedure and enforcement must be undertaken in terms of the laws each country. I am very much hoping that this trade mark has been registered or soon be registered at our intellectual property office at Registrar General.   This will be imperative because this will surely be a money puller since the team is Big Bullets is a peoples team which a crowd puller hence a money magnet. Therefore I hope the contract between the two entities has answered fundamental questions such as between these two parties who are forming an entity called ‘Nyasa Big Bullets’ who owns or will own this trademark? Or it will be the new entity? What happens when the agreement between the two entities elapses what would happen to ‘Nyasa Big Bullets’ as a trade mark?

see more from
https://www.linkedin.com/pulse/article/who-owns-ip-nyasa-big-bullets-patrick-mphatso-chinguwo/edit

THE ROLE OF THE POLICE IN DOMESTIC VIOLENCE CASES

Domestic violence by definition is criminal in nature. This is per section 2 of the Prevention of Domestic Violence Act. The role of the Malawi Police Service is thus very imperative in that regard. This is so because the police station is the first place most victims will go to. Currently the Malawi Police Service has a unit called Victim Support Unit which does handle most of the case bordering on Domestic Violence matters. Therefore it becomes important for the society and the police officers to understand the role and the mandate of the Police Officers as per the Prevention of Domestic Violence Act.

• What are the duties of police officers in domestic violence matters?

Firstly, the duty of every police officer is to respond to every complaint or report alleging domestic violence whether or not the complainant is the victim. Furthermore, such police officer should actually put this complaint in writing with the following details

            (a)        the names of the parties;

            (b)        the relationship and sex of the parties;

            (c)        the date, place and time the alleged conduct occurred;

            (d)       information relating to the history of domestic violence between the parties;

            (e)        the date and time the complaint was received; and

            (f)        the type of abuse and the weapon used, if any.

Secondly, It is  upon the police officer who is recording a domestic violence complaint that he or she has ensured that the statement recorded is prepared in such a way that any court of law can use it since the same may be used as part of the evidence which the court would depend on  to arrive at a decision. This is very key in situation where the victim has decided not to testify, may be because the perpetuator of the domestic violence has intimidated the victim. 

The other duty the police have is to ensure that they obtain from the Court of law warrant of entry into a premise. The police officer applying for the warrant must satisfied the Court that there are reasonable grounds to suspect that a person on such premises has suffered or is in imminent danger of physical injury at the hands of another person in a situation amounting to domestic violence and needs assistance to deal with or prevent the injury and a police officer has been refused permission to enter the premises for the purpose of giving the assistance. The entry therefore must be done within 24 hours after obtaining such warrant by the Police officer.

Furthermore, every police officer has a duty to assist victims of domestic violence wherever he or she find them.

• What are the powers of police officers in domestic violence issues?

However, there would be situations where the police can entry a premise without court warrant.  This would be a situation where a police officer has reasonable cause to believe that a person is engaging in or attempting to engage in conduct which amounts to domestic violence and failure to act immediately may result in serious physical injury or death. So where a police officer exercises this power, he or she shall,  immediately thereafter, submit a written report to the Officer-in-Charge of Police of the area where the incident occurred.

 and the report shall contain the following information—

            (a)        the reasons for entering the premises without a warrant;

            (b)        the offence being committed or about to be committed; and

            (c)        the manner in which the investigation was conducted and the measures taken to ensure the protection and safety of the person at risk.

Any  police officer believes on reasonable grounds that a person who has been admitted to bail subject to one or more conditions referred to in subsection (2), has failed to comply with a condition of the recognizance, the police officer may, notwithstanding anything in any other written law, arrest the person without a warrant

https://www.linkedin.com/pulse/role-police-domestic-violence-cases-patrick-mphatso-chinguwo?trk=prof-post

INTELLECTUAL PROPERTY HARVESTING: THE WAY OUT FOR AN INDUSTRIALIZED DEVELOPED MALAWI [1]

Intellectual Property concept

Intellectual property is the protection of creations of the mind through the law. There are two broad sectors of intellectual property namely industrial Property and copyright. William Fisher holds that the term "intellectual property" refers to a loose cluster of legal doctrines that regulate the uses of different sorts of ideas and insignia.

Intellectual Property in Universities

Universities and research institutions do generate a lot of intellectual property assets. For example each student finishing university students in all Malawian public universities, as I am not sure of private universities, is supposed to do a research paper in partial fulfillment of the requirement for a degree. Most of these papers are based on the problems that our nation of Malawi is facing. This is what I refer to as a ‘solution mine’. It has always been said that a mine is a mine because it is being mined otherwise it is useless minerals.

As foresaid, these papers do offer intellectual property assets. For example in engineering students are coming up with irrigation innovations, in computer sciences software applications are being developed, in languages there are models that are being developed, just as well in law where legal problems are being solved.  

Therefore, industrialization of Malawi could even be easy by mere searching the ‘solution mine’ in the universities and research institutes. The good thing is that most of these solutions are Malawi oriented and adopted for her such that it would be easy to utilize. Why should our industry in Malawi be getting ‘solutions’ from outside Malawi and in the process sending money out as well as jobs.

Problems

1.      Publish or perish principle.

This is the idea that has been advanced in most our universities where the only way one gets the grades is when you write good academic papers and one gets promotion through publishing peer-reviewed papers as well as referred papers. This mentality has made our ‘industrialist’ to think that the university ‘solution mine’ is mere treasure of academic solutions and not practical industrial related solution.

   

2.      Lack of incentives

There is also at times the issue of incentivizing the creators of the IP.  Most of the outcomes of research consultations that are conducted by universities are wholly owned by the funders. In the long run the universities and the researches are deprived of ownership of IP.

3.      Theory to practice

The problem is that of theory based outcomes and not industry based solutions. This is related in most cases to attitude problem and not reality. There have been times that most of the researches conducted have been geared towards a theorization and at times out of touch with the solution needs of the industries.

Way out

1.      Sponsorship of researchers

It time for the industries to give resources to the universities to conduct industry related problem researches so that the solutions that have been harvested therein should be shared with the industries. For sure most of the universities have capacities in terms of human resources as well as material resources to conduct industry related solution based research

2.      Recognizing the creators

While financial rewards are sometimes available but in the long run reorganization of the creators of IP would be appropriate. For example, there could be an arrangement where the creator of the IP is also a partial own owner the IP asset so produced. This would make the universities and their researchers to willing collaborate with the industries to provide better solutions to the problems. This is moving towards encouraging universities and their researchers to engage with the industries.

3.      Industrial-University

The other way is for the universities to create their own companies that would be as a result of the universities creation of IP. For example the Polytechnic College would have its own car fabrication plant, Chancellor College could have its own Internet service provider, and LUANAR could have its own dairy product company just to mention a few examples.

4.      Digital divide utilization

Lastly, it is time to digitize the ‘solution mine’ which is available and this would make ‘mining’ by the industries easy and cheaper. In the process there is likely going to be a better synergy of the industry and the universities. This would surely bring the much needed resources and in the long run it would spar economic development for the country. When this happens the ‘zero deficit’ budget will be a reality and not a dream.

All in all it is time Malawi as country we start to take the intellectual property serious, especially how the IP assets can be commercialized for the benefit of the country. When we do this then it would be easier for the industry-university collaboration. These collaborations would increase the appreciation of Intellectual Property in the Malawian society and would lead to development of Malawi.  

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[1] I am a legal Practitioner with Legal Aid Bureau, Blantyre. Feedback to pmchinguwo@gmail.com

Matthew 28 vs 16-20

now its been some time that i wrote something on this blog. today i write on a subject that i am not very much knowledgeable in its academic endeavors.  however since this is not an academic undertaking but rather a perception reflection on the same. going through the passage one would appreciate the following;
1. its the last passage in the book of Matthew
2. its the last chapter in the book of Matthew
3. it comes after the resurrection of our Lord Jesus Christ
4. the number of the disciples has reduced from 12 to 11

firstly, my reflection , as pointed out in vs 16 , shows that the 11 disciples had to follow the command of Jesus when he commanded that they meet at the mount. this is a clear sign that Jesus leads even when He is not physically present. for us , who have been saved by Him, is to follow the said commands. this is not easy but its possible.

secondly, in vs 17 there is a profound truth. this truth is that some of the disciples did doubted Christ Jesus. now what is profound is the fact that these were the same people who had been with Jesus Christ for years but yet they doubted. this is an indication that despite being Christians but there are time that we have an element of doubt in our lives. we are doubting; if our finances are adequate if we give that tithe,   if we will be healed from our sicknesses, if our marriage will survive, if our children will behave if they go to boarding school, if we will get a job etc. what is very important is that the story does not end here. though we doubt but Christ will be there for us. actually when He starts addressing the disciple He does not even talk about the doubts the disciples had. i think its because they are not of significant , not that they are useless, but that He is the priorities. He takes care of our doubts (Matthew 6:33).

the other thing is that when Jesus started addressing the disciples he urged then to take the Gospel to the whole world. this is in vs  18-20. in vs 18 He actually says that He has the authority in Him. in life the person with authority is the one we follow. For example why presidents are always respected or feared is because they have authority to rule. they can order people around if they want.

in addition to vs 18 our Lord Jesus Christ in vs 19-20 He proceed to use his authority to command, not force but rather to lovingly encouragement, to lead world revolution of making like minded disciples.   

the passage ends with a bang. in the last part of the passage end that He will be with you and me always , to the very end of the age. i will add no more. 
 

now it close to the end of the month. several things have happened . what is so sad is that political violence is on the increase in Malawi.

what is the way forward herein? please suggest

what a day for the fact that recently we are told that the person who raped a girl n dowa has run away.

the back to front message

after a year in the wilderness am back to blog. i am not promising an every day posting but rather that i will be in for the most time. for a start a week writing would be enough to keep the pace going. hope that this would be spiced with few pictures here and there.

hope to see you soonest

UNIMA FUNDS

recent the media reports are to the effect that

malawi demos

the demonstrations that occurred yesterday  17th January 2012 purely show the following
1. democracy at work
at the end of the day Malawi has shown that we can conduct peaceful and matured show of divergent views and voice them as such without any problems. this is a total contrast to what happened on the July 20 2012.

2. national wide demonstration needs proper condition
the 17th jan demonstration could not be called national wide but rather Blanytre based demonstration calling a placard of national issues. it could be urged that there were people in Mzuzu ( northern part of Malawi) or Lilongwe , the capital city of Malawi but the numbers testify.

3. malawi need people of courage
against all odd the organizers were able to do what they did . this was dispite political , social and even religious pressure not to. Bravo to you.

4. Malawians could be taken for a  ride
a footnote is that some people supported the very issues on 20 July 2012 yet they were demonstrating against them on 17 jan 2013

Footnote note to DPP MP’s and all others

As the parliament is meeting this month of May I would like to give a footnote advice to the newly inaugurated ruling-cum-opposition party in Malawi Democratic Progressive Party. While I agree with the fact that this is mourning period for DPP especially those who used to benefit from the system but as usual must life goes on.

What is most emotionally touched is what the MP’s of the former ruling party (Democratic Progress Party) are doing. Each passing day they are announcing of going to the party of the current president, whom they insulted days ago for having a brief case party. The peoples party (PP) of Mai Joyce Banda is the ruling party whether de jure or de facto. These being the case most MP’s, especially due to the need to be associated with PP, are declaring themselves as ‘supporters of government’.  They are not restrained.  They however they need to note that an amendment to section 65 of the constitution in 2001, by Act No. 8 of 2001, section 65(1) currently must be read as follows:

“The Speaker shall declare vacant the seat of any member of the National Assembly who was, at the time of his or her election, a member of one political party represented in the National Assembly, other than by that member alone but who has voluntarily ceased to be a member of that party or has joined another political party represented in the National Assembly, or has joined any other political party, or association or organisation whose OBJECTIVES OR ACTIVITIES ARE POLITICAL IN NATURE.”

There is no argument about this. This is the law. It is settled. The rationale for this section 65 within our constitution is to protect the political parties. “It also prevents parties in power from enticing members of small parties to defect from the party upon whose list they were elected to join the governing party.  If this were permitted it could enable the governing party to obtain special majority which it might not otherwise be able to muster and which is nota reflection of the views of the electorate." Ex-parte Chairperson of the Constitutional Assembly: In Re Certification of the Constitution of the Republic of South Africa, 1996 (ii) SA 744 (cc) observed.

This being the case how should the following react.

1. Lone MP representing a political party

This category would include Uladi Mussa (MPP) and Mnesa (MAFUNDE). These people could join PP and not cross the floor. This is so because technically, in absence of recall provision, there must be another MP from that party who could move the speaker that Uladi Mussa has crossed the floor. This technical hitch does work in favour of these two. The same would not apply to AFORD which has two MPs.

2. Independent MP’s

All those people who joined parliament as independent MPs they can easily work with PP without any problems. After all they were not put into parliament on a party ticket. These people would be basically free riders as it were. This has been backed by  Twea, J. and Potani, J in s.65 case who held that ‘In our judgment, an independent candidate ceases, at least for purposes of an election, to be a member of any party; otherwise a party would be seen as fielding more than one candidate, which is not permissible. Hence independent MP’s can join any political party.’

3. MCP, UDF, DPP, AFORD

In the preamble Alliance for Democracy (AFORD) is in a better position as all its two MPs are Ministers, hence they do not fall under this categories. They are by fact excluded in this discussion.

These must never dare try to just ship as in this case it is clear that section 65 (1) would be used against them by their parties. 

They should not worry as there is a lacuna in the law on that they can change their allegiance by declaring themselves independent and then work with PP without problems.

For these people who of my concern please do not dare later join PP. this is the reason;

For the avoidance of doubt, in our view, a member of the National Assembly who was elected under a party’s ticket and voluntarily decides to resign from that party thereby becoming independent or declaring himself or herself independent and later joins another party, whether that party is represented in the National Assembly or not, crosses the floor. (P.24 of s.65 at Supreme Court of Appeal)[1]

This being the law I would still advise that the DPP MPs be within DPP as this would foster democracy and rule of the law which is needed at the time like this.

God richly blessed Malawi our beloved nation. AMEN.

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[1] Presidential Reference Appeal No. 44 Of 2006 (In The Matter Of Presidential Reference Of A Dispute Of A Constitutional Nature Under Section 89(1)(H) Of The constitution -And – In The Matter Of Section 65 Of The Constitution -And –In The Matter Of The Question Of The Crossing The Floor By Members Of The National Assembly)

GENDER ISSUES IN AFRICA
MEANING OF GENDER
Sex: refers to the biological or physical condition of being male or female
Gender: refers to the social condition of being male or female
Gender focuses on how one is perceived in terms of the roles and responsibilities based on being male or female. It implicates on the one’s personality, condition (material well being) and position or status within the society.
MEANING OF DEVELOPMENT IN RELATION TO GENDER
Gender development is the process of removing socio-cultural hindrances to mobility, access to resources and opportunities resulting in an emergence of a more just society.
The process demands that women and men must actively participate in the decision making by contributing their desired changes and information sharing on achievements.
HISTORICAL PERSPECTIVE TO GENDER
This history is traced from 1945 after the end of World War 2 and the eventual formation of United Nations as it incorporated within its charter the concept of equality between men and women in the articles that talk of human rights.
United Nations has utilized several approaches to achieve this equality.
1. Anti-poverty approach (1960-1970)
This approach emphasised on reducing poverty in poor countries. It focused on income generating activities in order to increase capital accumulation and increase per capita income.
This did not reduce poverty especially for vulnerable groups like women and children, the elderly and those with disabilities.
2. Welfare Approach (1970-1980)
This was the second developmental decade by United Nations. It focused redistribution of control over resources. Special welfare programs were introduced for the vulnerable groups. In case of gender the aim was to address the inequalities that existed between women and men. This lead to the development of women in development approach
3. Women in development (WID) approach (1975-1985)
This approach aims at increasing opportunity for women to participate in, contribute to and benefit from development of their society and economies.
This approach has faced challenges because
a. It focused exclusively on women in the development process
b. The approach assumes that women are passive recipients of development process. this is wrong position as they are also active partakers of development process
4. Gender and development (GAD) approach (late 1980’s to date)
This was developed to include both women and men as agents of development. It is based on the fact that when women and men are taken as partners in development then such effort will successes in bring women equality and empowerment.
GENDER ISSUES CRITICAL TO DEVELOPMENT
1. Gender, Education and training
All children are supposed to have their right to education respected. It is education that enables one to acquire skills and knowledge that could improve one’s life and enables him or her contributes to development of the society. It pathetic that in most African societies girl and boys are treated differently when issue of education comes into play.
Girls are discriminated against due to culture, early marriages, pregnancies, sexual harassment.
Girls take up the role of taking care of the home at the same time ensuring that they attend school. This makes them have less time for school which in the end leads to drop of the performance at school. For some girls the decide to drop out of school
Due to tradition girls or young women of school going age are forced to get married. This makes them to drop out of school. Due to their low level of education it is further difficult for them to get employment.
Therefore access to and attainment of education on equal basis is an essential tool for women to become effective agents of change.

Dear father,

Dear father,
Father and my chancellor I am so concerned that I might not go to class forever. The concerned is further compounded that the nation is waiting for my services but it would not enjoy them anytime time soon. This might be along time and far fetched dream. Father think about it, the family is spending it hard earned resources to send me to university but am just staying phwee. Is this making you happy? I hear you have spent over ten million kwacha in legal fees to keep me and my brother on campus. Is it true? When I heard the figure I doubted it. The reason being my other relatives are demanding fuel, drugs, forex etc and this money could go along way to help out alleviate these problems. Now what is so treating is that for the past three weeks the family has also spent more millions of kwacha feeding, accommodating, paying for services, paying for utilities, paying off campus students, lastly but not least paying my lecturers. The figure when computed people are lying that it is around 16 Million kwacha. Again this is not true or is it father? This money has also gone down the gutter? After all I, my brothers and sisters are not learning at all.
My chancellor this letter is to appeal to you to consider clearing the way for me to go back to class. This situation as it stands is not impact well on our family. Already some are saying that it is you father that is standing on the way. I have vehemently denied this allegation. Every right thinking father would want to see his son or daughter graduate and help in the family business. So when people talk like this I doubt their credibility. But the only truth in their sentiments is that you, my father has got power to order that your agents at the university Council to do the needful. That much I do not doubt. So I pray that you use such power. For sure if your agents are told by you that they do the needful then for sure I and my other siblings will be in class the soonest. The more you delay the more these people will be convinced that it you who is blocking me to go back to class.
I hope that this letter reaches you in good time as things stand the family is losing a lot.
Your Dearest Son in College,

Until ‘divorce’ do us part” A feminist legal challenge of matrilineal neolocal widows in realizing the right to property.

“Until ‘divorce’ do us part” A feminist legal challenge of matrilineal neolocal widows in realizing the right to property.
It is the case that that under the matrilineal system of marriage the husband has a duty to build a house (herein after ‘the duty’). This duty it is well established under matrilineal customary law and that it prevails even where one has divorced. The formal law does recognize this aspect of the duty to build a house as shown by a number case law. This broadly ensures that a woman has security of property, that is to say real property, which is a great tool for economic empowerment.
The position under custom is that should the husband die, the widow typically keeps the house and land, plus items judged to be women's essentials. The problem however crops up if the family was residing neolocal. It is observable that under the law the duty however does not subsist when the husband dies. Therefore because of this lacuna people are able to come and misappropriate the deceased property.
However there have been less court cases of property grabbing. This is due to sensitization initiatives on the evils of property grabbing. Regardless of the new Wills and Inheritance Act, 1998 there are still cases of many people suffering. The situation is further compounded by the fact that most people die intestate thus the property’s succession is done using the Act and not necessary custom as prevailing at a particular time.
There are going to be reforms in the law of succession in Malawi in the name of a new Act named Deceased Estate (Wills, Inheritance and Protection) herein after ‘the Act’. This has been said to be an improvement from the Will and Inheritance Act, 1998 and that it is progressive in ensuring gender equality.
There are several developments that have been experience in the property law regime in Malawi especially as implacable to family law. The Constitution uplifts the property rights as human rights. Section 28 of the constitution further holds that an individual can acquire and dispose property as he wills. In section 24 of the Constitution recognizes separate ownership of property in marriage and that only property held jointly by the couples can be distributed upon dissolution of marriage.
The paper notices a lacuna in the law, in that Malawi as a legal pluralism society, provides on one hand , the duty for the husband married under matrilineal system to provides a house to the wife during the subsists of the marriage as well as during divorce. However on the other hand the same law is taking away this very essential duty from matrilineal women, especially women in neolocal residence, in that the husband’s duty to build a house does not subsist after his death.

so we are closing 2011
we hope that in 2012 there shall be
1. fuel
2 academic fredom
3. a lot of forex
4. no draconian laws
5. etc

so we are in for a great time up to 2014.

when JB was in zomba we heard that the VP of DPP  was also here addressing a rally. your guess is as good as mine. then we hear Peter was in Mzuzu lambasting DPP for being chaeters.

now of P's assertion it shows that DPP is fully of boot licker who fail to say the truth?

then i wouls say that P's must set up a new team of people who are clean.

we are watching 2014 woyeee

now if Africa is the birth of civilization why is she poor? the most likely reason is that she has had and still has bad leaders who have not invested in their economy but rather in their pocket. for example Malawian MPs demanding a salary of 1 Million MK = 5 000$ + per month  but yet most of us are leaving at less than 1$ a day. a Professional Officer ( usually university degree holders) civil servant gets 250$ a month. MP's qualifications = non required. their behavior does not even deserve 5000$ per month. read the following and ask your self why Africa the birth of civilization is still poor?

EARLY CIVILISATION

After a long period of time man started to settle permanently and became civilized.

Civilization actually happened because the people lived in communities together; they shared ideas, materials, and worshiped gods together, and conducted trade in form of barter and formation of government

There were a number of centres which included Egypt, Kush and Axum in North Africa, Mesopotamia between Tigris and Euphrates rivers (Fertile Crescent) in Middle East. In china it was along Yangtze-kiang and Hwang Ho rivers and in India it was along Ganges and Indus rivers.

Why civilization developed in these areas

a.     

  Fertile soils

People settled where they could grow food. Fertile rivers valleys provided the suitable places for farming

b.     

Water supply

There was water from the rivers. This water was used fro irrigation and fro domestic purpose

c.      

Safety from attacks

There were natural barriers such as mountains or seas. For example the banks of Nile provided safety to the settlers due to the Mediterranean Sea to the north, the Sahara to the west, rapids on the south of the Nile River and the red sea to the east. These barriers prevented enemies from invading the Nile valley fro many years.

d.       

Good climate

The climate was suitable for settlement and agriculture as the weather was not too cold

e.     

  Transport

People were able to travel and communicate easier. They could use boats even bush path connected villages. This is why civilization was able to stay.

CHINGUWO: welcome back Bwana

CHINGUWO: welcome back Bwana