How the Berlin Conference Clung on Africa: What Africa Must Do

How the Berlin Conference Clung on Africa: What Africa Must Do

Friday, 28 April 2023

Things the Mugabe Can Teach the Museveni

Although Robert Mugabe and his family are no longer in power, there are things they can teach Uganda, especially its long-time ruler Yoweri Museveni and his family, and the likes who think they’re created to misrule and rule others. In this piece, I’ll allude to the similarities of the two families and partly the country they ruled and misruled altogether. I’m doing this because I see that what befell Mugabe may soon be replicated somewhere in Africa simply because such people don’t like to learn.
   Now, let’s look at how the Mugabe can teach Uganda, Museveni, and others a thing or two. Let me start with the similarities then go to the lessons.
            Firstly, the Mugabe and the Museveni are jumbo political beasts in their countries whose roles in developing and destroying, ruling, and misruling them might be in equal measures. Corruption defines both.
            Secondly, the duo shares the penchant of turning public business and power into family biz or private estate. To do so, nepotism becomes the tool of one’s the trade. Instead of employing competent people, one hires his or her relatives or tribesmen, women, close eaters, and swindlers to ruin not to run such nasty businesses. In this art of exploitation and pilfering, amassing wealth becomes the policy and philosophy of such a cabal of powerful individuals who abuse, and misuse public trust bestowed on them.
        Thirdly, the duo is good at and renowned for grooming their heirs. Because of the above reasons, the duo groomed their wives or a son, for the case of Museveni since Mugabe didn’t have a competent son to primp. While Mugabe groomed his wife, Museveni has been grooming both a son and wife. This is what I call bedroom politics wherein the bed services are used to fix and tame the bull.
        Fourthly, the duo took power in the 80s wherein Mugabe did it first before Museveni came in the big picture six years after. While Mugabe liberated Zim from Smith, Museveni did the same from ragtag post-Amin regimes that proved to be chaotic and disorganised. Ever since, his clanger and tintinnabulation have been “I liberated you for the purpose of using you.”
        Fifthly, the duo love power, and they love it dearly. They’re ready to sacrifice even their mothers to cling unto power. Everything was and is still done to keep the power within the family. For the former, game is over though for the latter, it isn’t easy to tell what’ll transpire thought all signs show that it’ll repeat the goof the former made, especially when it failed to differentiate between family and state.
        Sixthly, the duo both claimed to be liberators who ended up becoming oppressors and power grabbers as they sought to cling and keep powers even when they’re obviously corrupt, maladroit, and senile. While they duo kept power, actual powers were in their bedrooms where their wives pulled strings so as to turn them into puppeteers, they’d gaslight as much as they deemed fit.
        After exploring the similarities of the protagonists, now let’s look at their chattels, namely countries. Likewise, the duo shares some traits such as:
        Firstly, they both were colonised by Britain although they got their independence almost twenty years apart. Thus, they both use English as their national language despite having their own beautiful African languages they’d choose from.
        Secondly, the twin are landlocked countries that depend on other countries to export and import.
        Thirdly the duo also has many places with colonial names whereof Victoria dominates water bodies. There are Victoria falls and Lake Victoria not to mention others.
        Fourthly, the two rule ones of highly educated people who can't free themselves from such corrupt rulers.
Fifthly, names of the twin countries originate from ancient empires or kingdom. Uganda comes from Buganda that the white colonisers would not pronounce well, and Zimbabwe comes from the Zimbabwe kingdom.
        In a nutshell, there is a big lesson in that even though Mugabe’s gone, still, he’s something to teach others, especially all typical replicas of the Museveni that Africa’s in plenty if anything. Despite having a very stinking legacy, Jongwe’s still the resource democrats and the earthlings can use to assess, even kicking their rulers as it happened in Zim where one evil expelled another and took over. To be precise, Jongwe will never become a footnote. He’s always there even if in bad light. Those are a few things Mugabe can teach the world.
Source: Independent (Zimbabwe) today.

Thursday, 27 April 2023

CELEBRATING THE UNION BETWEEN TANGANYIKA AND ZANZIBAR : THE KEY ELEMENTS THAT SHOULD BE APPRECIATED.

Yesterday, 26th April, 2023; Tanzanians joyfully celebrated the 59th anniversary of that historic event.  The word “celebrate”, ordinarily means ‘to do something special, in order to show that a particular day, or event,  is of special importance and significance. Today’s presentation is focused on discussing the key elements of the Union of Tanganyika and Zanzibar, which gave birth to the United Republic of Tanzania; in order to highlight its importance and special significance.   It  is designed particularly for the benefit of keeping our younger generation of Tanzanians (and other stakeholders), well informed about our country’s political history. Thus, we will tell the authentic story of that unification event; in which we will bring out the Union’s key elements which deserve specific  recognition and appreciation.
            I wish first to draw particular attention to a statement by President Nyerere,  that “the United Republic of Tanzania is a country of our own creation.  It is a result of a freely negotiated Agreement, arrived at by our own leaders (meaning himself and President Abeid Amani Karume of Zanzibar).  It is not a creation by  the colonialists, who arrogantly divided Africa among themselves at their  conference held in Berlin”.  This fact has, seemingly, escaped recognition and proper appreciation.
        An American book titled “Adventures in Appreciation”; states that “there are two reasons for reading stories, namely for enjoyment, and for obtaining new insights”. And continues thus:  “A good story should communicate the truth, not just the factual truth, but truth which is delivered living and whole to our senses, our emotions and imagination; as well as to our minds.  It should be a source of enjoyment, as well as a means of increasing our experience, extending our sympathies, and deepening our understanding”.This sounds much like a ‘tall order’; but I will not give up the hope that the readers of my story in  this presentation, will somehow  get the benefits prescribed in the said book.                                                       The Unification story.
The story that will be told here, covers the aspects of: (a) the factors that facilitated the establishment of this Union; (b) the reasons for its continued existence in such enviable stable normal conditions of undisturbed peace and tranquility.                                                    
            It is important to recognize, and appreciate, that  these aspects; are the basic factors that distinguish t our ‘successful’ Union of Tanganyika and Zanzibar from the ‘failed’ Unions and Federations in other parts of Africa.  The ‘failed’ Unions include that between Egypt and Syria, which was established in February 1958, under the name of the “United Arab Republic” (UAR); which lasted for only four years before it was unceremoniously dissolved in September, 1961.                                                                      
        There was also the Union between Senegal and Gambia in West Africa; which was established on 1st February, 1982 under the name of “Senegambia”; but that Union ceased to exist only seven years later, on 30th September, 1989.  
(a) The factors that facilitated the establishment of this Union.
These were stated by President Nyerere himself, in his speech to the National Assembly on 25th April, 1964; which can be summarized as follows:- 
    (i) the need to protect Zanzibar from possible attack by the deposed Arab Sultan;  (ii) To further strengthen the brotherly relations already existing among the people of the two countries;  and                  
  (iii) The desire to achieve, progressively, the espoused continental African Union. “The Republic of Tanganyika and the People’s Republic of Zanzibar shall, on Union Day and forever after, be united in one Sovereign Republic of Tanganyika and Zanzibar” (now cited as the “United Republic of Tanzania”). 
        These are the exact words of section 4 of Act no.22 of 1964; which is the law that ratified the “Articles of Union”, which constituted the formal Agreement for the unification of these two countries, that had been signed on 22nd April, 1964. I wish to draw special attention to   the words “and forever after”. In its proper usage, this is known as the “intention of the Legislature”, which is normally taken to be a useful guide in the interpretation of laws.  Thus, it should be noted that this was the “intention of the Legislature”, namely that this Union ‘shall last forever’.        
         Indeed, our Union has been in existence for 59 years now; and seems to have all the positive indicators that, God willing, it could exist for ever, (in compliance with the “intention of the Legislature” quoted above. However, in reality, this will depend almost entirely, on the political will of our future rulers.  Our own experience shows that the loss of this “political will’ can easily   lead to the break-up of an existing Union of States;  as was visibly  demonstrated  on one occasion in respect of our Union;   when Union President Nyerere, was deliberately misled into believing that Zanzibar President Abeid Amani Karume  was opposed to  this Union.                              
        This conspiracy episode is recorded  in a book titled “Masimulizi ya Sheikh Thabit Kombo”;  in which it is reported that this misleading information was conveyed to President Nyerere by two of his Ministers, Oscar Kambona and Kassim Hanga; who had designed a false story,  in which they told President Nyerere  that President Karume had  ordered the expulsion of some Union Civil Servants from Tanganyika, who had been sent to work in Zanzibar to work in a Union Department  based there, an action which the said Ministers interpreted as President Karume’s ‘inherent dislike’  of  the Union.  
        The narrative further says that President Nyerere had initially been convinced of the truth of this matter, so, he summoned the Cabinet, to inform the Ministers  of this development, and to announce his considered decision on the matter. “If  President  Karume does not like this Union,  I cannot force him to stay’.  So said President Nyerere  to the assembled Ministers, with maximum seriousness;  and continued:  I have therefore  decided to let him have his way.   Consequently, I am going to announce the termination of this Union tomorrow”.  It is reported therein that the cabinet advised the President that before taking this drastic action, he should send a small delegation to Zanzibar to ascertain the authenticity of the said story from President Karume himself.   President Nyerere gracefully accepted this advice.                   
         Thus, a two-person high-powered delegation, consisting of Vice President Rashid Kawawa  and Thabit Kombo himself,  was immediately dispatched to Zanzibar  on that sensitive mission. They returned with the good news that President Karume had vehemently denied having taken any such a “stupid step”, and strongly condemned the “conspirators who had coined that silly story”. This is  how  the ‘grave danger’ of losing this Union was averted;  which would have been the result of “loss  of political will”  on the part of  Zanzibar President Karume.  
    (b) Its continued existence in conditions of peace and tranquility.
The significance of this aspect is clearly demonstrated in the case of the only other lasting Union to date, which is the “Federal Republic of Cameroon”, which was established in 1st October, 1961, between the countries of East Cameroon, and West Cameroon; but, unfortunately, that continues to exist under very difficult conditions of instability, and the absence of peace ; caused primarily by serious disagreements between the partner States, which have led  West Cameroon to unilaterally declare its independence; and which was, inevitably, followed  by the bitter war-like measures taken to suppress that rebellion.                                                                           The story of this Union’s establishment: the sequence of events. 
 The historic happenings leading to the establishment of this Union, occurred in rapid succession over the three days of:  (i) Thursday  22nd  April, 1964; when the Presidents of the then Republic of Tanganyika, and of the then People's Republic of Zanzibar, formally signed the Agreement  for the unification of these countries, which was  embedded in what were cited as “ the Articles of Union”;              (ii) Saturday 25th April, 1964; when the Legislatures of the two countries, Tanganyika and Zanzibar, separately ‘ratified’ this Agreement; and (iii) Sunday, 26th April, 1964; when the United Republic of Tanzania was born.                                               
        Apart from the first event of signing the Union Agreement (which was done in closely guarded secrecy); I was privileged to be an eyewitness to the remaining two of those  major events, just because of the position I was holding in the civil  service at the material time, as the Clerk of the National Assembly.  It is in that capacity that I was summoned by President Nyerere to be given instructions to arrange for an urgent, extraordinary meeting of the National Assembly, which would ratify the Union Agreement.      
         It was also in that capacity, that I personally witnessed the signing by President Nyerere of the “Ratification Bill”, which signified the birth of this Union, on 26th April, 1964. The President had instructed me to deliver this Bill personally to him soon after it had been passed by the National Assembly, so I went to State House to deliver this Bill, at around 8.30 pm on Saturday 25th April, 1964; a provision of which stipulated that the Union would come into existence “on the day immediately following its Assent” by the President. 
The factor of secrecy in the unification process
Another significant feature of our Union, is the absolute secrecy under which it was conducted.  All the three major occurrences, namely, the signing of the ‘Unification Agreement’; the legislative action of ratifying this Agreement; and the birth of the Union itself; took place virtually unnoticed by the general public.  But there is a reason for this.                                                                        
         As the Holy Bible, in the Old Testament, says : “to everything there is a reason, and a time to every purpose under the Heaven”.  Similarly, there were some very good and cogent reasons for this unusual secrecy. The basic reason  was the need to protect the unification process from being  frustrated, or ‘toppled’  by hidden enemies; such as happened in relation to the solemn Declaration, issued in June 1963 by the Presidents of Kenya, Tanganyika, and Uganda; of their firm intention to form the East African Federation “by the end of that year”. However, this pious intention never materialized; allegedly   toppled by the “enemies of progress”. 
        Thus, in the desire to protect the Tanganyika/Zanzibar unification process from similar calamity; the first event (the signing of the Unification Agreement), took place literally ‘behind closed doors’; totally unnoticed by the general public. For there was absolutely no publicity whatsoever, prior to its occurrence; nor during the implementation of event itself.  The witnessing of this event was confined to only a few selected Ministers from both countries.                                                                          
          Although the second event (the ratification of the Unification Agreement) took place in open Parliament; but still, there was no prior public notice, for fear that some elements among the Members of Parliament could be persuaded to cause trouble during the ratification proceedings.                                                           
        And the third event (the birth of the Union) came and went away, also totally unnoticed by the public; with no celebrations taking place, for the reason only that in these circumstances of absolute secrecy,  no preparations could be made for such organized celebrations. Hence, the first ever union Day celebrations took place on the first anniversary of the Union, 26th April, 1965. That is when the much publicized photograph of President Nyerere’s symbolic mixing of soils from Tanzania Mainland and from Zanzibar, was taken.
piomsekwa@gmail.com  / 0754767576.
Source: Cde Pius Msekwa.

Sunday, 23 April 2023

Can Kenya fail as a state?

President William Ruto holds a sword received from former Commander in Chief of the Kenya Defence Forces Uhuru Kenyatta at Moi International Sports Centre, Kasarani, on September 13, 2022.

 By Makau Mutua Professor at SUNY Buffalo Law School and  Chair of the KHRC.

Most folks grow up with certain hard-wired assumptions about the state. Omnipotent. Omnipresent. All-knowing. Cruel.

Impenetrable. Permanent. The state is a jealous spouse. The state is a cannibal. Then there’s the concept of “seeing like a state”. That is, appreciating the environment as a quantum of things — counting, recording, remembering, and keeping statistics and records. That’s what a state does.

        We think of the state as potent, not impotent. Except all the above are mostly illusory. In fact, the state is a fragile instrumentality. It can collapse at any time. It can unravel with lightning speed. Or likely become dysfunctional. This is the question — on this broad spectrum, where’s Kenya? Can Kenya, as we know it, become a failed state?

        When I was greener, I thought states were largely indestructible. I thought the Soviet Union was permanent until it collapsed in a heap of ashes in 1991. That threw me for a loop. I think a lot of us thought the United States was an impregnable country.

        That was until the January 6, 2021 attack on the US Capitol. The world’s greatest power was paralysed by an attempted coup. Of course, the US, unlike the Soviet Union, didn’t collapse. It’s obviously a more resilient state with deep institutions and a large majority of the populace who embrace it. That wasn’t the case with the Soviet Union. The Soviet Union had long become an empty carcass ready for burial. 

        States can decompose, as did the Soviet Union. Is Kenya in the process of slow decomposition? To gauge the level of decomposition of a state you first look to the elite. The elite are the most reliable barometer for state fragility. Does the elite understand its commanding role as the key steward of the state? Can it execute the basic functions of statehood, and then go beyond them to create a great society?

       Can the elite harness the state’s resources, no matter how meagre, to give social and economic meaning to the largest number of people under its roof? Or is the elite so voracious, husbanding everything and leaving only the scraps for the rest of the citizenry?

      In Kenya’s case, let’s remember the British created humpty dumpty. By which I mean an inchoate, fragile political entity without much rhyme, or reason, except one that was fit for exploitation. The story was pretty much the same elsewhere in Africa. Precolonial societies were either collapsed or reprogrammed into new polities. 

The leviathan 

At independence, these were the instrumentalities we inherited, and which we proclaim as ours. Except they are not ours, and never were. This monster of a state is the gremlin, the leviathan that we have been trying to tame since 1964. I must confess we have failed more frequently at this task than we have succeeded. Putting humpty dumpty back together again is a very tall order.

       So first, our inability to cohere as a nation — and a functional state — must be laid at the feet of our elite. We are still a “tribal” society beholden to primordial calculations in our politics. The ethnic kingpins herd us like so many sheep. This vice-like grip by the elite on their ethnic communities is Kenya’s top anti-democratic concern.

        We either need to allow responsible individualism tempered by the community values of, say, Ubuntu, to rise to the top, or we create a Kenyan citizen. I’ve said before that the Kenyan creature — citizen — exists only on paper. That’s because we aren’t united by any overarching philosophical, cultural, social, or moral code. We are a people adrift in the wilderness.

            Second, it’s not just that we lack a national zeitgeist or philosophy. Our elite have not understood how nations behave in a competitive world. Nations with an intelligent elite figure out wherefore they exist, and how they can maximise their advantages while minimising their weaknesses.

        Take China, for example. The Dragon hasn’t become a global power simply because it’s huge. No — what we see today of China is a result of deliberate choices made by the Communist Party under Chairman Mao and improved upon, and profoundly revised, by his successors. But it’s the party elite that has made China a global hegemon. The decision by US elites to make the university the centre of American gravity delivered bountiful prosperity.

        Today, I see our elite bickering about the whys and wherefores of the parliamentary bipartisan committee. Do we know what’s at stake? If, God forbid, the committee fails, our country could go to hell in a handbasket. That’s because today Kenya stares at the biggest cliff in its history. We are hopelessly divided, traumatised, and in deep despair. We are, by design, very broke. If a spark ignites, we will collapse.

        The committee represents an excellent opportunity for national recovery. We could fail as a state and join the likes of Somalia, Sudan or the CAR. Let’s not walk into an inferno eyes wide open. Let’s seek a just outcome. 

  Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School, The State University of New York. @makaumutua

Source: Sunday Nation today

Thursday, 20 April 2023

WHAT DOES THE CAG’s REPORT ACTUALLY SIGNIFY?

 

The heading of this article is ‘adopted’ from the frontline heading of the DAILY NEWS of Tuesday, April 11th, 2023; which reads thus: “What CAG report signifies”; and, which reports the opinions of “a cross-section of commentators, who attributed the situation to increased transparency in auditing and reporting the results”. These were dons from the Universities of Dodoma and Dar es Salaam; who volunteered the following opinions: - “It was not that the acts of that misusing public funds have increased during the sixth phase government; but rather, the freedom of reporting the audit findings has been promoted” said Dr. Loisulie, a lecturer at the University of Dodoma.  According to the said DAILY NEWS, “His views were echoed by another academician from the University of Da es Salaam, Dr. Elinami Minja, who argued that the CAG is now freer to process information, unlike previously”. 
        The question “what does the report actually signify”, which is posed in the heading above, reminds me of the following lines in Shakespeare’s Macbeth :“Life’s but a walking shadow, a poor player. That struts and frets his hour upon the stage.  And then is heard no more. It is a tale told by an idiot, full of sound and fury, signifying nothing”. 
        The revelations in the CAG’s 2021/22 audit report are, of course, not “the tale of an idiot full of sound and fury, but signifying nothing”; for  they present the true picture of the burden facing the small farmers and peasants of Tanzania; who are often reported to suffer what are known as “post-harvest” losses; meaning the loss of produce after it has been harvested. The annual Reports of the Controller and Auditor General (CAG) have always revealed huge losses that are consistently incurred by the government, of the money that was granted to it by Parliament; which are losses resulting from either mismanagement or misappropriation of such funds, or even from outright “thieving” by the government officials who are entrusted with the responsibility for managing these funds.       
        Thus, just like the poor farmer or peasant  who  loses  a significant proportion of his produce, known as “post-harvest’ loss;  the government  suffers similar “post-budget” losses”; in the sense that  after Parliament has  granted large sums of money (amounting to tens of trillion of shillings)  to the government for expenditure during the following financial year;  large chunks  of that money are ‘lost’,  through either mismanagement, or misappropriation, or theft .  Oh, what a cruel world!                                                             
          Under the provision of article 143(4) of the Constitution of the United Republic, the CAG is required to submit his Audit Report first to the President, and thereafter, to Parliament.  Thus, very soon after receiving the 2021/22 audit report, and after listening carefully to the detailed presentation made by CAG Charles Kichere, President Samia Suluhu Hassan expressed her disappointment and disgust, by lamenting bitterly thus: “we are killing our country”!
        Presumably because of the nature of the President’s reaction, this matter has attracted much greater public interest and attention from keen observers and stakeholders, than was the case in previous years.   And, indeed, the amount of ‘thieving’ revealed in the report, makes very sad reading. Consequently, demands have been made for the perpetrators of these crimes to be punished, in accordance with the normal dictates of the laws of the land.
What then, does the CAG report actually signify?
In my humble opinion, it signifies President Samia’s unique leadership endowments. In the preceding paragraphs above, we quoted the lines in Shakespeare’s Macbeth  relating to “the tale told by an idiot,  full of sound and fury, but signifying nothing”.   The opinions of the University dons which were reported in THE DAILY NEWS quoted above, are essentially valid. However, I have something to add; namely that, based on my own personal experience; this situation has arisen basically because of President Samia’s personal intervention.                                           
           By God’s grace, I have had  the privileged opportunity of being at the ‘center stage’ watching these happenings right from the time of the country’s  independence; and I have witnessed the procedures prescribed in article 143 (4) of the constitution  being always followed;  but this is the first time  I have seen the President personally coming out publicly to make comments on the CAGs report, in the way President Samia Suluhu Hassan  did this time.    
        For example, her action of formally involving the Central Committee of the Ruling party (CCM) in the decision-making process over this matter, was totally unprecedented.   But this gave her the opening she needed, to secure the open support of the Ruling party, which thus gives her ‘added strength’ to enable her to take such corrective action as she may deem necessary.  
         Thus, in my considered opinion, it is President Samia’s unprecedented public intervention, that actually made this material difference. To the best of my knowledge and recollection, the previous CAG reports were regarded as a matter for the “people’s representatives” to handle in the National Assembly, with very little practical public involvement. But the President’s action of making a public appearance to address national leaders, and issue appropriate directives, is what is refreshingly new, and must have been the ‘catalyst’ that produced the changed situation that we are witnessing. In respect of this matter, President Samia has visibly demonstrated a different style of leadership; which should be properly acknowledged, and appreciated.
Back to our topic for this week.
The main topic for discussion in today’s presentation was the 2023/24 Budget, which is currently under active consideration inside Parliament. We will now return to that topic; starting with an elaboration of the vital, crucial importance, of the government budget in the life of our nation. It may be remembered that our discussions in last week’s article were focused primarily on “aspects of the government budget which require clarification”, in which we briefly referred to the ‘logic’ of the provisions in article 90 (2) (b) of the constitution of the United Republic; which stipulates that ‘failure by the National Assembly to approve the government budget will lead to the dissolution of Parliament” with all its ‘harsh’ consequences.    
        We will now draw attention to the fact that this constitutional provision, also signifies the great and vital importance of the government budget, which similarly requires special attention, mainly because of its ‘harsh’ consequences.  It should be specifically noted, that in the most unlikely event of the operation of this provision becoming necessary, it will bring the operations of the country’s government to a virtual standstill. This is because the President will be compelled to dissolve Parliament, which will necessitate the holding of another general election for the President and the Members of Parliament.  But this fact is only for noting; because in reality, there is just no possibility of Parliament failing to approve the government budget, due to the system’s in-built safeguards.
        We will now take a ‘microscopic’ look at the salient features of the ‘budget process’  through Parliament, according to the Parliamentary rules of procedure.  This process takes place in three consecutive stages. The first is the debate on each Ministry’s ‘mini- budget’; the second stage is the debate on the government budget as a whole; and the third stage is the consideration of the two ‘traditional’ budgetary Bills.
The process for the first stage.
The debate on each Ministry’s budget is normally allocated one or two days (depending on the size of its portfolio); except the Prime Minister’s Office(PMO) which is allocated five days; and TAMISEMI, which is allocated three days.  On the ‘appointed day’ for dealing with the mini-budget of the relevant Ministry, the process begins with the ceremonial “laying on the Table” by the Minister responsible, of a detailed Statement regarding the estimates of expenditure of his Ministry for the relevant financial year.                          The Minister is followed by the Chairperson of the relevant portfolio committee, who also lays on the Table the committee’s Report.  The Chairperson is followed (where applicable) by the Opposition spokesperson, who “lays on the Table” a statement of the Official Opposition’s views. 
        Then, immediately after the regular “question hour”,  the Minister responsible will rise to move a motion, asking the House to approve the Estimates of Expenditure of his Ministry. He is again followed by speeches from the portfolio committee Chairperson; and, where applicable, the Opposition spokesperson.  (The current 2000 – 2025 Parliament has no official Opposition inside Parliament, thus this part of the procedure is omitted.).                                
           These formal presentations are then followed by a general debate, in which members who wish to participate will compete to “catch the Speaker’s eye” i.e. to be given the opportunity to participate, at the end of which,  the motion will be put to the vote, and decided.                                                                        
          At that stage, Parliament dissolves itself into a “Committee of the whole House”, in order to enable it to examine each of the Ministry’s individual votes and sub-votes more closely.   And is when any Member can move a motion ‘to withhold a shilling from the Minister’s salary”; an interesting matter which we discussed in greater detail last week.
Debating the Finance Minister’s budget speech.
This is the second stage of the budget process through Parliament.  The Budget speech is delivered by the Minister for Finance, and must be done on the “appointed day”; which, by common consent and agreement, must be a Thursday, and not later than 15th t June of the relevant financial year.                     
        Since the East African Treaty requires the Budget speeches of all the East African Community members to be delivered on the same day, and at the same time; this necessitates the programming of ‘Budget Day’ to be the Thursday which falls nearest to the 15th of June; or, at the latest, on that date itself. The debate on the Budget speech is allocated not less than five sitting days. This debate is on a motion moved by the Minister of Finance, asking the National Assembly “to approve the government budget” for the relevant financial year. 
         Similarly, the Minister’s speech is followed by a statement from the Chairperson of the ‘Budget Standing ommittee’ of the National Assembly; in which he provides the observations and findings of his/her Committee regarding that budget. And this is followed by a presentation by the Opposition ‘shadow’ Minister for Finance (where applicable), giving the views of the official Opposition camp regarding that year’s government budget.                                                           
            The debate is then open for participation by the Members of Parliament, under the watchful control, and general direction, by the Speaker. The third stage of the budget process inside Parliament, is the adoption of the Budgetary Bills, namely Finance Bill, and the Appropriation Bill. This takes place after the House has completed consideration of the estimates of expenditure of all the Ministries. That is when the Minister for Finance introduces the Finance Bill; whose function is to authorize the imposition of new taxes, or alterations to existing taxes, and any other measures intended to raise revenue. Such measures include the borrowing of any such money as may be required; whose authorization is normally included in the provisions of the Appropriation Bill.    
              Thereafter, the Minister introduces the Appropriation Bill; whose sole function is “to appropriate the money granted” to the various government funded institutions; whose passage through the National Assembly is slightly different from all other Bills, for it does not go through any of the ‘Committee stages’.
piomsekwa@gmail.com /0754767576.
Source: Cde Pius Msekwa.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
                                                                                                                                                                                                                                                            

Saturday, 15 April 2023

Kenya’s zero-sum games

Deputy President Rigathi Gachagua (right) with Economic Advisor David Ndii, Mombasa Governor Abdulswamad Nassir and United Democratic Alliance (UDA) Secretary General Cleophas Malala (left) during the receiving of a fuel vessel MV Norddolphin at the new Kipevu Oil Terminal in Mombasa on April 13, 2023. The looting of public coffers itself is Exhibit Number One. It’s what Dr David Ndii euphemistically calls the “wastefulness” of public funds.

Kevin Odit | Nation Media Group
  
By Makau Mutua Professor at SUNY Buffalo Law School and Chair the KHRC

This is the deep sense that, even if the state should always be looked upon with scepticism, it’s not cruel, uncaring or, worse, bent on the consumption of humans. Public officials serve not primarily themselves but the broad public. That there’s a nobler purpose than fattening the girth that drives you to join public service.

        I’ve written before that in history no society has ever become great without a dominant, visionary elite. But in Kenya, we are locked in a death spiral of primordial zero-sum games without a compelling raison d'être for our existence. Many Kenyans know not wherefore they exist.  Political society is the form that the common instrumentality known as the state takes. As a concept it sounds inanimate, but it’s actually a living, breathing organism, metaphorically and literally. 

            Metaphorically because it’s a conceptual crucible for programming humans. Literally, because it’s created and moulded by actual humans. It’s a receptacle and a funnel of culture by which I mean the accumulated wisdom of a people. 

Visionless

If that’s so, then it follows that the state is us, even if it’s imposed on us because we can overthrow it, and instead make one in our image, according to our wisdom. The problem with Kenya is that we’ve failed every time we’ve tried to recreate the state. Our elite are visionless.

            Let’s take 1963, the dawn of independence when we sent the white man packing. Sort of. We quickly assumed the worst proclivities of the white man. He saw us as natives — shifty, stupid and forever as children. He thought black Africans never grow up, and must thus be “guided” with a firm hand.

        Unfortunately, most of our independence leaders saw us as natives too — unformed, malleable and herd-like. That’s why they fostered the divisive cocoons given bile by British colonialists. Our ethnic, or tribal kingpins, if your like, have held us hostage ever since. We are like sacks of potatoes to them — to be tossed hither and thither during election time. They have robbed us of our agency. 

        A political democracy can’t exist in such a society. The mores, norms and rhythms of democracy can’t grow in such barren soil. Unfortunately, our elite have kept that boot firmly on our necks. But what they don’t realise is that the boot is really on their own necks. That’s because they can’t grow into a real dominant elite unless we are free. They enslave themselves by enslaving us.

        I saw this vividly in Nigeria in the 1990s. A very rich chap invited to me to dinner in a very wealthy part of Lagos. But we couldn’t get there by car since the roads were impassable. For the two-mile trip, we were airlifted by chopper and landed on his rooftop helipad.

            What sort of a country is that where a US dollar billionaire can’t drive a two-mile strip to go home? Is it really that hard to build a road? Kenyans should not laugh at Nigerians. Our elite have never seen the big picture. Even after fighting — and spilling blood — for the 2010 Constitution, the lesson didn’t sink. The so-called Second Liberation went up in smoke. 

            Our country and elite are more morally bankrupt today than at any time since independence. We are lost, ghosts of a people wandering naked in the moral universe. We are empty shells. The looting of public coffers itself is Exhibit Number One. It’s what Dr David Ndii euphemistically calls “wastefulness” of public funds.

            The education system in any country is the foundation of citizenship. Yet in Kenya we have gleefully destroyed our educational system out of greed, stupidity and myopia. There isn’t a single school in this country where students don’t cheat in exams. None.

            Our children are cheaters because we have raised them to be cheaters. These are the people who go on to become our leaders, our elite. We play a zero-sum game at everything. Even when we don’t have to cheat and lie, we do so without effort. Winning is everything. Only winning matters, and it doesn’t how we win. Cheaters used to be the dregs of society, but today they sit atop us, the crème de la crème.

Governance crisis 

I want to end this with a challenge to the bipartisan committee of MPs tasked to resolve our current governance crisis arising out of the last election. The committee has a huge task. Its role really is to start the process of rewiring us so that we can get our souls back.

            Are the members of the committee on both sides able to imagine a larger purpose for the Kenyan elite? Can they start to lead us out of the moral wilderness? Will we see them shun the zero-sum culture of our national zeitgeist? Who on that committee will become a voice of morality and a new Kenya? 

Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School, The State University of New York. @makaumutua.

Source: Sunday Nation tomorrow.

Is the beginning of the end of Sudanese Junta approaching?

 

Two enemies and criminals in the same bed, Abdul Fattah Burhan and Mohamed Hamdan Daqlo 

No doubt. Every end of something is the beginning of another thing and vice versa. The military junta in Sudan is fraught and vulnerable after making many pointless mistakes in its desperation to survive to no avail though.  That’s why its head, Abdul Fattah Burhan said that it intends to let civilians negotiate how to run a transitional government if his promise actually comes off or make any sense. He knows all Sudanese people are all in the demand for a civilian rule. 

            We all remember how unceremoniously Sudanese long-time dictator; Omar Bashir’s pulled down after people persisted in the streets. We also know how his henchmen in Abdul Fattah Burhan and chief genocidaire of Darfur, Mohamed Hamdan Dagalo who together myopically duped the people and stole people’s revolution up until now. 

            Also, the two entered mariage de convenance while everybody is plotting to finish off another as it is now ongoing.  Had the duo allowed the opposition to form the government, maybe, just maybe, would be safe and their future safeguarded under symbiotic existence based on political necessity. If the top brass were smart, it’d have used its centrality in its role of supporting the ousting of Bashir to leverage the opposition with which would team up and form the government in which the military would retain the role of protecting it.

Again, what’s been ongoing in the streets of numerous Sudanese cities speaks to the fact that the beginning of the end of this carbuncular junta is quickly approaching. Although the junta’s clung on power since its illegal takeover, by and by, various forces will bring down the outfit like the one it replaced after betraying its former head, Bashir. Thus, the following reasons either together or any of them will soon necessitate the death/end of the junta in Sudan.

Firstly, the global precarious economic and political situation resulting from the war in Ukraine that’s exacerbated living costs globally.  If rich and stable countries have already felt the heat, what of dependent, poor, and wobbly country like Sudan? Given that the junta’s ugly in its actions and manners, even Gulf backers are likely to abandon it at its hour of need so that it can fall as the only way of saving Sudan from becoming a failed state. I wonder why the pâtés of the junta have failed to see such an obvious reeling reality in the first place.

Secondly, the truth that Bashir’s regime was unexpectedly pulled down just because of the price of bread and other necessities, which’s been astronomically raising thence. Methinks. Sudanese are facing a worse situation than it’s under Bashir. If Bashir––––who’s as shrewd as the mighty greater rabbit-eared bandicoot failed––––what can his stooges do better than and differently from the man who cloned them?

Thirdly, the resilience of Sudanese people, which is necessitated by the hardship they’ve endured for many years after––––South Sudan whose oil used to maintain dictatorship––––seceded although this move became counterproductive. What adds salt to injuries is the fact that the current ham-fisted regime spends much money on trying to silence the voices of the people instead of channelling the same money to assuage the hardships Sudanese people’s been facing wantonly.

Fourthly, apart from the hardships Sudanese have been facing without any respite, the brutality of the regime’s unleashed on demonstrators seems to have hardened them to fight even more resiliently something that has telling effects on the future of the regime. Because of such wanton brutality something has to give. This means the regime will commit more brutality something that’ll add to the already pent-up anger.

Fifthly, the incompetence of the regime will add more perils the regime whose vulnerability is obvious so as to become careless and desperate for any means that can keep it afloat. The heads of this regime, first, have neither political agenda nor experience nor like and trust each other. Everyone of them is for himself and for grabbing power in order to survive their past and current criminality. Theirs are the agenda for plundering the country and clinging to power to avoid being arraigned by the ICC for the genocide they committed in Darfur under Bashir.

Sixthly, if there’s a hard nut to crack for the junta’s nothing but Bashir’s remnants that aren’t satisfied with what’s happening or those who were excluded from power, especially his party. Such a people feel it isn’t only vulnerable from the regime but also from the reality that they now have nobody or vehicle to assure them of their future security underscoring that many committed many crimes against Sudan and Sudanese in general.

Seventhly, Sudan hasn’t only hardened but also organised and resilient opposition whose following is growing steadily by days. The opposition has already created the vulnerability for the regime that’d like to see it quashed or compromised. Knowing the true colour of the junta, the opposition has refused to share the same divan with it.

Eighthly, another reason that’ll keep Sudanese organised against the military cabal are the human losses and injuries they’ve already suffered. Those who lost their beloved ones or suffered injuries inflicted by the military have nothing to lose except to fight even harder to see to it that the junta’s pulled down so that justice can be done for them and their beloved ones. They’d like to see the top brass behind bars like Bashir.

In sum, Sudanese junta soon will crumble down after creating seeds of its destruction within itself. Although it’s survived for almost three years of brutality and gross violations of human rights, soon it’ll face the reality. Had its heads had the sense of reading the signs of time, it is time for them to ponder on leaving before being forced to do so unexpectedly.

Source: Independent (Zimbabwe) today.

 

Open Letter to President Mnangagwa on Goldmafia Expose


President Emerson Mnangagwa and his emissary in corrupt deals Uebert Mudzanire at one occasion 

Dear Your Excellency President Emerson Mnangagwa,
Greetings from out of Zim. Please allow me to humbly touch base with you for the first time. I know as you well do. You’ve a lot on your plate. Thus, I’ve to get down to business. I’m sure either you’ve watched, or your agents and assistants did and informed about the clip doing rounds currently on social media and the Al Jazeera TV wherein your name is adversely mentioned. The whole thing exposes as Zimbabwe goldmafia and money launderer if not a sewer.
            Being the President of the country that’s said to be robbed by its own people, what’ve you to say about either what you know, what you see, or how you’re planning to deal with such a denting mega scandal? Since this scandal surfaced you’ve maintained silence. Does it solve the problem or exacerbate it? Don’t you see that your silence can be misconstrued as a tact of trying to let things unruffle and go on with business as usual? If the Al Jazeera cooked up the story that hugely dents your country and your name, why don’t you instruct the DPP to institute a case against them even contacting their host country? If indeed what the faker in a clip is saying is fictitious, how did you appoint him an ambassador without vetting him? And if you vetted him, why didn’t you discover who he truly is? Is there something dodgy and pongy in this marriage of yours?
             More questions quickly. Since ‘your boy’ known aka Angel’s been exposed, why’s he still a free man? If indeed isn’t connected to you who appointed him an ambassador despite his open taints and obvious ineptness, why isn’t he behind bars so that he can be quizzed thoroughly? If all allegations the boy made weren’t true, why haven’t you instructed your lawyers to recant them and make him pay for his sins or even facing the world about them? What’s up Sir?
            Although this fake prophet might be seen as if his goose has already been cooked, if you don’t watch this saga nicely, shall Zimbos wake up and demand more explanations, Sir, you can end up cooking your own goose. When Jake Xuma in the neighbouring SA did like you’re now doing with those two Indian criminals, because of the power he had and wrongly thought, he’d get away with murder. Where’s he now? Power comes and goes, and the reality remains. You’re on top today. Tomorrow, you’ll be at the bottom of the pile.
            I understand. You can bury the current mega and stinking gold scandal under the razz. Believe ye me. It’ll revisit you at an unexpected moment.  How can anybody get away with the murder of robbing the mass of Zimbos? How, if at all, the same one committing such dirt’s is the one who swore to protect them and their property that he’s now partaking of mugging? Zimbos and the world would like to hear another side of the story from your side after hearing Al Jazeera’s and your ambassador’s. The prickliest question many Zimbos are asking is how can a person, out of the blue, throw numero uno’s name around without any say-so or nexus between the duos? This said, Your Excellency, it is incumbent upon you to clear the air by coming clean about this to-do.
            I humbly write to you to do justice not only for you but also for myself. I don’t want to believe that what the fake prophet’s saying in the clip on which you’re referred to as numero uno is true in the first place. I wish everything must be a big lie since this can save your face and that of Zim so to speak. Again, how’ll I conclude so if at all you’ve kept mum? At law, we believe that an innocent person would loudly deny any serious charges while a silent suspect’s silence is always interpreted as an admission of guilt.
            A long story short, Mr. President, please come out of the cubby-hole and set the records straight. Do so, even for the sake of saving face or understanding that there’s life after power. Revisit what Xuma’s now facing to avoid it by telling the part of your story since every story has two side to it. Thanks in advance. I’m anxiously waiting to hear your part.
Source: Independent (Zimbabwe) yesterday