Lake Nyasa dispute: Malawi to hire British lawyers

[rodrick alexander]

Huu ndio uhuni wa Waingereza. It is very obvious who is hiring who. Kampuni ya Waingereza ndio walipewa deal na Malawi kutafuta mafuta. Sasa wameona wajiingize kwa kuleta wanasheria toka kwao Uingereza! Hawa wazungu are treating Tanzania kwa madharau sana, kazi nyingine za kibalozi wamepeleka Nairobi meaning Tanzania ni ki-office tu sasa.

Kama kuna jambo limenichefua ni hili la Uingereza kupeleka ofisi zao za ubalozi lakini kwa udhaifu wa serikali yetu wamenyamaza kimya sisi tusingelalamika ila tungehamisha shuguri za ubalozi wetu Ujerumani tuone wao watachukua hatua gani wanatudharau sana na viongozi wetu bado wanajikombakomba kwao

 

[Manyi]

Mkuu umeweka huo mfupa wa legal interpretation nikajua lawyer tunaye hapa. Hata hivyo nashanga lawyer ambaye anashindwa kuamini kwamba sheria among other things ni lugha

Unajua mkuu, unashindwa kuelewa kitu kimoja, ni kichekesho kukimbilia kwa Lawyers wa Kiingereza eti ndo ata tafsiri vizuri lagal matter kwa kuwa yeye na uzungu ndo lugha mama!. Hujui kuwa wamekimbilia Uingereza kwa sababu ya masuala ya kuvutia kwao, kwa minajili kuwa, kwa sasa Kampuni ya Uingereza ndo ina fanya utafiti wa mafuta kwao halafu cha pili mkataba wanao ung'ang'ania Uingereza ndo mshirika mkubwa mkuu!

 

[TIBE]

Malawi now turns to British lawyers

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Saturday, 27 October 2012 09:45

By The Citizen Reporters Lilongwe/Dar es Salaam. Malawi is now banking on British legal expertise to ensure it wins the border row with Tanzania over the ownership of Lake Nyasa.Government officials in Lilongwe have said they will hire British lawyers to help make their case both in negotiations with the government of Tanzania and in a possible international arbitration. The Solicitor General and Principal Secretary for Justice, Mr Anthony Kamanga, confirmed this development to a section of the Malawian press but did not name the British lawyers. They will reportedly work with their Malawian counterparts on a legal paper to back that country’s claims that it owns the entire lake, officially known in Malawi as Lake Malawi, based on the 1890 treaty between the two colonial masters, Britain and Germany. The Malawi legal team will also comprise the Attorney General and Justice Minister, the Solicitor General, a senior lawyer from the Justice Department and a law expert from academia. Malawi hopes the legal paper will give it the upper hand in the talks with Tanzania that are expected to resume soon. Negotiations screeched to a stop early this month after Malawi accused Tanzania of provocation by publishing a new map that showed the boundary bang in the middle of the lake. Tanzania was also accused of harassing Malawian fishermen. Tanzania then frantically tried to woo Malawi back to the talks with a new round scheduled for October 27. The Permanent Secretary of the Tanzanian ministry of Foreign Affairs and International Cooperation, Mr John Haule, told The Citizen last week that Malawi was invited for the talks but had yet to respond. On Wednesday, Malawian minister for Foreign Affairs Ephraim Chiume told The Citizen there had been no official communication between the two countries on the October 27 meeting. “We have not received any communication from Tanzania,” he said, “and we cannot go to talks based on media reports.” Once protocol matters were resolved, he said, they would prepare a formal response. When pressed to confirm whether Tanzania actually sent the invitation for the talks, Mr Haule referred The Citizen to the country’s representative in Lilongwe. He added: “The High Commission should be in a better position to confirm the issue because it is the official channel we use to reach the Malawian government.” The Tanzanian High Commissioner to Malawi, Mr Patrick Tsere, referred The Citizen to the minister for Foreign Affairs and International Cooperation, Mr Bernard Membe. Efforts to reach Mr Membe bore no fruit. In another development, the British government has said it favours the Organisation for African Unity’s decision that colonial era borders should be respected. The OAU is the predecessor organisation of the African Union (AU). Responding to queries on where the British government stood on the matter, Mr Philip Gilbert, the officer in charge of the Tanzania docket at the Africa Directorate of the Foreign and Commonwealth Office, said the UK could not get entangled in the dispute between two sovereign states. “Although the UK has historical links with the region,” he said, “we believe that the OAU’s decision that colonial era borders should be respected marked a definitive end to any vestigial UK responsibility for such matters.” The two countries should resolve the dispute bilaterally or through a regional or international body, he added. Malawi claims it owns all of Lake Nyasa on the basis of the 1890 treaty which, it says, was later reaffirmed by the OAU when the country gained its independence in the early 1960s. But Tanzania says the Anglo-Germany Treaty that gave Malawi sole ownership of the lake was flawed and it has every reason to demand a review. Reported by Rex Chikoko in Lilongwe, Damas Kanyabwoya and Songa wa Songa in Dar es Salaam

KWA MTAZAMO HAWA JAMAA WANATAPATAPA INAKUAJE ANYEKUJA KUTOA USHAHIDI NDIO ASIMAMIE KESI,KWA WANAOJUA SHERIA HII IMEKAAJE

 

[R.B]

Peter Mutharika: Attack machine


Lake Malawi dispute
DPP also tackles issues concerning Malawi and Tanzania border wrangle, arguing Malawians are living in fear and consternation with regard to the border dispute that the country has with Tanzania.

The party said was surprised that President Banda has taken the boarder wrangle issue to the United Nations surpassing several continental and regional bodies such as the African Union, SADC and COMESA.
The party said was ready to help government on the issue by providing some of its members who are law experts such as its interim president, Peter Mutharika to assist on the matter.
"Additionally, the DPP joins the Malawi Law Society in condemning the government's decision, coming at a time when the country is experiencing extreme economic hardships, to hire expensive lawyers from the United Kingdom just to draft a paper to be presented to Tanzania for negotiations when we have so many learned Malawians.

"The DPP believes that African challenges are best solved by Africans. The DPP proposes that a high powered team be formed to negotiate with our Brothers from Tanzania. This group should include academicians with relevant skills, political leaders, SCO Leaders. This is a national issue and all Malawians with such skills must be willing to assist regardless of their political affiliation".

In the release the party has also tackled issues concerning the university education and fees, commission of inquiry, economic partnership agreements as well asdeclaration of assets.

 

[kweleakwelea]

Intelligent our brother from malawi! The problem is that we have always ignoring our internal capacities!

 

[Kigarama]

The DPP proposes that a high powered team be formed to negotiate with our Brothers from Tanzania.

Good motives!

 

[R.B]

Government has clarified that its plan to engage foreign lawyers to represent Malawi at the International Court of Justice over the disputed Lake Malawi is only meant to beef up with local lawyers' in order to come up with a solid-rock team.


This has been said by Information and Civic Education Minister Moses Kunkuyu in an apparent reaction to concerns that were raised by the Malawi Law Society (MLS) that by virtue of engaging foreign lawyers to handle the matter, Government was underrating local lawyers.


Malawi Law Society President John Gift Mwakhwawa told the

local media that Malawi has got law experts who can equally represent the country on the matter and that there was no need to engage foreign lawyers.

Mwakhwawa went on to say that the country has got well trained lawyers who did their studies in law at various top institutions outside the country.


However, the Civic Education and Information Minister said that by engaging foreign lawyers, government was only trying to come up with a formidable team having learnt that their Tanzanian counterparts have also engaged foreign lawyers to assist in the matter.


"We are not saying that we are going to sideline local lawyers in the matter. They will be in the team and the reason why we want to engage the foreign lawyers is just a matter of beefing up our team because we hear Tanzania is also doing the same," explained the Minister.


Asked which lawyers have been taken on board in the team, Kunkuyu had this to say, "That I cannot say because everything is being done by the Ministry of Justice"
He could also not be drawn to comment on how much money would be required for the matter.


Malawi and Tanzania have been differing over the boundary of the lake with the former having all the belief that the whole lake belongs to its territory while on the other hand; Tanzania claims that part of the lake belongs to theirs.


Efforts by the two governments to resolve the matter through round table discussions started on a promising note but have since stalled after Tanzania produced a new map showing its border with Malawi going through the middle of Lake Malawi.


Meanwhile, donors are on record as to have said that they are watching the Lake Malawi border dispute with an eagle's eye.

 

[pmwasyoke]

Sasa, kwa kwenda mahakamani, issue kweli itamalizwa. Sio eti mazungumzo!

 

[Andrew Nyerere]

Ni ajabu jinsi ambavyo Tanzaniana lawyers are arguing their case from the Heligoland Treaty. Ile treaty siyo applicable kwa sababu it was signed in 1890,from a posito of weakness Britain made those concessions to Germany.
Swali moja hapa linapaswa kulizwa,yule Gavana wa mwisho wa Tanzania,kabla Mwalimu Nyerere hajaanza kuongoza nchi,yule Gavana alikuwa na msimamo gani kuhusu Lake Malawi?
The conditions in which that treaty was made no longer apply.. There is a latin term for this principle in the Black Book of Law,kwamba in international law,kama conditions in which treaty was made do not apply,you cannot be bound by that law.
Sasa this treaty was made in 1890. In between,Britain ought with and defeated Germany twice.
Hili swala lijadiliwe diplomatically,diplomaticaly,the threat of force. Tanzania is a peaceful nation,ndio maana Foreign Affairs Minister wetu siyo mwanajeshi. Hili swala lijadiliwe diplomatically,bila vitisho,tusiwe kama yule mtu juzi aliymuunguza na pasi mke wake,alisema,''nilimuuliza kwa upole,huku nimeshikilia pasi ya moto'' That is a classic example of diplomacy backed by force.

 

[Andrew Nyerere]

The Premier Principle of International Law in Black's Law Dictionary. The page number, definition and documentation are reproduced below.It is the highest reason in rank for voiding a treaty. The principle is called;
Rebus SicStantibus
It means ' the situation has changed'
Black's Law Dictionary;Rebus Sic Stantibus; On page 1432 it gives the definition as follows;At this point of affairs;in these circumstances. A name given to tacit conditions. Said to attach to all treaties,that they should cease to be obligatory,so soon as the state of facts and conditions upon which they were founded has substantially changed.
Documentation,
Taylor International Law,Secttion 394;Oppeinheimer International Law,Section 550;Gotius,Chapter XVI,SectionXXV.

 

[EMT]

The Premier Principle of International Law in Black's Law Dictionary. The page number, definition and documentation are reproduced below.It is the highest reason in rank for voiding a treaty. The principle is called;
Rebus SicStantibus
It means ' the situation has changed'
Black's Law Dictionary;Rebus Sic Stantibus; On page 1432 it gives the definition as follows;At this point of affairs;in these circumstances. A name given to tacit conditions. Said to attach to all treaties,that they should cease to be obligatory,so soon as the state of facts and conditions upon which they were founded has substantially changed.
Documentation,
Taylor International Law,Secttion 394;Oppeinheimer International Law,Section 550;Gotius,Chapter XVI,SectionXXV.

And, what does the Vienna Convention on the Law of Treaties says?

 

[idawa]

Malawi nawafananisha na kelele za chura, mtu anaetaka kukupiga hana kelele wanaongea tu lakini sioni vitendo zaidi kututisha na picha inaonekana wao wenyewe wanachokifanya hawakiamini!

 

[Azipa]

Ni ajabu jinsi ambavyo Tanzaniana lawyers are arguing their case from the Heligoland Treaty. Ile treaty siyo applicable kwa sababu it was signed in 1890,from a posito of weakness Britain made those concessions to Germany.

I think you meant to say GERMANY MADE THOSE CONCESSIONS TO BRITAIN.

Anyway, Mwl. Nyerere wanted all the treaties and the map of Africa at large to be upheld in the OAU charter 1963

For the record, there was a joint boundary commission 1898 they verified the border of Malawi, Zambia and Tanzania. Germany approved it in 1901

 

[Nara]

naona waingereza wamefanikiwa kujitengenezea an employment opportunity, hahaha, hii financial crisis tutaona mengi..du!!!!

 

[hodogo]

Aisee! hapo tutatolewa knock-out kwa lugha. Hii approach ya Wamalawi ni nzuri

Azipa, sina hakika kama hata unaelewa unachojaribu kuzungumza! Usiwadharau WaTZ, kama ni watu wasiokuwa na elimu! Hapa umetishwa na Waingereza, ukiamini watanzania hawajui Kiingereza kwa hiyo wataishiwa cha kuzungumza! Shame on you Azipa!! Hapo cha msingi ni hoja na wala si lugha!! Hata ukiajiri msemaji mwenye hadhi ya Kimataifa rangi nyekundu ya Damu haiwezi kugeuka kuwa ya Kijani kwa kuwa ndilo takwa lako!

 

[Azipa]

Azipa, sina hakika kama hata unaelewa unachojaribu kuzungumza! Usiwadharau WaTZ, kama ni watu wasiokuwa na elimu! Hapa umetishwa na Waingereza, ukiamini watanzania hawajui Kiingereza kwa hiyo wataishiwa cha kuzungumza! Shame on you Azipa!! Hapo cha msingi ni hoja na wala si lugha!! Hata ukiajiri msemaji mwenye hadhi ya Kimataifa rangi nyekundu ya Damu haiwezi kugeuka kuwa ya Kijani kwa kuwa ndilo takwa lako!

Tundu Lissu ni mwanasheria au siyo? Umesikia hoja yake ya majaji(wanasheria) na kiingereza?

Wewe sijui kama umesoma lugha. Nina mashaka kama unajua mambo ya syntax, semantics, stylistics etc

Kuna sababu kwanini Wamalawi wameona watumie wanasheria wa Uingereza

 

[dotto]

Si jamaa alisema kuwa hii mambo ni uzushi na uchochezi wa wanasiasa!! Jk bwana ni hatari kwa usalama wa TAifa hili.

 

[steveachi]

we have our international lawyers nimrodi mkono and many others,we don't get scared of them foreigners

 

[Steve Dii]

naona waingereza wamefanikiwa kujitengenezea an employment opportunity, hahaha, hii financial crisis tutaona mengi..du!!!!

... wakitoka kwenye legal fees; BAE Systems wataingia na kuwauzia radar, ndege, na mabomu.
... economic hit men wa Uingereza wakifanya kazi zao hapa - tukumbuke akina Mark Thatcher na Simon Mann na ile Equatorial Guinea coup plot, serikali ya Waingereza ilikana kana haijihusishi nalo wakati fedha zilizochangishwa kutekeleza hilo zilikuwa na blessings zote toka kwa Monarchy!
... this is how nations strive for prosperity and existence. Conflict elicitation!!

 

[hodogo]

Tundu Lissu ni mwanasheria au siyo? Umesikia hoja yake ya majaji(wanasheria) na kiingereza?

Wewe sijui kama umesoma lugha. Nina mashaka kama unajua mambo ya syntax, semantics, stylistics etc

Kuna sababu kwanini Wamalawi wameona watumie wanasheria wa Uingereza

Azipa, nakubaliana na kupyaya kwa sifa za baadhi ya watendaji wa serikali katika vitengo vya sheria! lakini ujue wasomi wa Tanzania ni wengi kuliko hao, na hawajateuliwa kuwa Majaji, au watendaji katika Serikali ndo maana Lissu aliweza kuwapima akiwalinganisha na wenye sifa ambao hawakuteuliwa! Katika suala la Uzalendo, Tegemea Makubwa kuliko unavyodhani!