By Burnett Munthali
Rick Dzida, a distinguished social commentator known for his incisive analysis of Malawi’s political and governance issues, joins us today for an in-depth discussion on a pressing topic: the tension among government authorities regarding adherence to the rule of law in addressing national challenges. In this exclusive interview, Dzida shares his insights on the implications of breaking or bending the law, public opinion, and the judiciary’s critical role in maintaining a balance between governance and the rule of law.
Welcome to this interview, Rick. We are delighted to have you here to discuss such a pertinent issue. Let’s begin.
1) Rick, from your perspective as a social commentator, how do you view the growing tension within the government regarding the question of breaking the law to address national issues? Do you think this reflects a broader challenge in governance in Malawi?
Rick Dzida (RD): Thank you for having me. The growing tension within the government regarding breaking the law to address national issues is indeed a troubling trend. This reflects a broader governance challenge in Malawi. On one hand, you have the imperative of addressing critical national issues, and on the other, there’s the obligation to uphold the law. This tension often arises due to the complex political landscape under President Lazarus Chakwera’s leadership.
President Chakwera took an oath to uphold the Constitution, and any deviation from this commitment could form grounds for impeachment. Malawi’s governance challenges stem from weak institutions, insufficient transparency, and a lack of accountability. To overcome these issues, the government must focus on strengthening the rule of law and ensuring that its actions prioritize the well-being of citizens while adhering to constitutional principles.
2) The debate appears to be split between those advocating for strict adherence to the rule of law and those calling for flexibility in times of national crisis. Which side do you align with, and why? Do you think there are circumstances under which breaking the law could be justified for the greater good?
RD: While I remain neutral, I see the merit in both perspectives. Advocating for strict adherence to the rule of law ensures stability, predictability, and the protection of individual rights. However, in times of crisis, some argue that flexibility is essential to address urgent challenges.
Extraordinary circumstances, such as imminent threats to national security, natural disasters, or systemic failures, may justify temporary deviations from the law. However, such actions must be limited in scope, temporary, and subject to rigorous oversight. Without these safeguards, flexibility risks undermining the rule of law and eroding public trust.
3) In your opinion, what are the potential long-term consequences for Malawi if the government continues to bypass legal processes in an effort to expedite development or address economic issues? How could this impact the trust of the public and foreign investors in Malawi’s political system?
RD: The long-term consequences are significant and worrying. Bypassing legal processes erodes trust in government institutions and undermines the rule of law. The public may lose faith in leadership, resulting in disillusionment and possible social unrest.
For foreign investors, a disregard for legal processes signals instability and unpredictability, deterring investment and harming economic growth. Development projects carried out without proper oversight are prone to inefficiencies, wastage, and poor outcomes.
Additionally, these actions could weaken democratic institutions and disrupt the balance of power, leading to a concentration of authority in the executive. This could destabilize the country in the long run. For Malawi to thrive, the government must prioritize accountability, transparency, and legal integrity.
4) Given the divided public opinion on this issue, how do you think Malawians view the government’s actions? Do you believe the public would tolerate temporary lawbreaking if it leads to tangible improvements in their lives, such as job creation or infrastructure development?
RD: Malawians are indeed divided on this matter. Many are frustrated with the government’s inability to address issues like poverty, inequality, and corruption. While some may tolerate temporary lawbreaking if it results in visible improvements—such as jobs or infrastructure—others view any breach of the law as a betrayal of governance principles.
Corruption remains a significant issue, and the public is skeptical about whether these actions will genuinely benefit citizens or simply enrich a few. Trust in government institutions is fragile, and any perceived disregard for the law risks further erosion of confidence and potential social unrest.
5) As the judiciary is poised to play a crucial role in this conflict, what is your take on the role of the courts in maintaining the balance between political expediency and the rule of law? Do you think the judiciary can help restore trust in the government, or are there risks in allowing the executive to push for flexibility in the law?
RD: The judiciary is pivotal in maintaining the balance between governance and the rule of law. Its impartiality and independence are crucial for upholding constitutional principles and ensuring government accountability. By interpreting laws without political influence, the judiciary can safeguard citizens’ rights and freedoms.
However, allowing the executive to push for flexibility poses risks. It could undermine judicial authority and lead to selective justice or constitutional crises. For the judiciary to restore trust in government, it must remain firm in its commitment to upholding the law and ensuring that any deviations are both justified and temporary.
6) Lastly, Rick, do you have any final thoughts or messages for our readers?
RD: Certainly. Malawi stands at a critical juncture where adherence to the rule of law and governance principles must not be compromised. The government must prioritize the long-term interests of the nation over short-term expediency. Transparency, accountability, and citizen engagement are vital in addressing national challenges. Most importantly, the public should hold leaders accountable and demand governance that respects both the law and their welfare.
Thank you, Rick, for sharing your insights. Your analysis sheds light on critical issues affecting Malawi today. We appreciate your time and expertise in this discussion.
RD: Thank you for having me. It has been a pleasure to share my thoughts on this important topic.
