They say time is a healer, I fully agree. You may also wish to accept that old age can save you from persecution; well, especially if you are a former political prisoner, a former leader of opposition and a failed presidential aspirant like Gwanda Chakuamba Phiri in Malawi.
Chakuamba was recently found guilty of inciting violence by a Malawian court but the court cannot sentence him due to his old age, apparently. Mr Chakuamba is 78. I find the ruling very troubling and shambolic, to put it in lighter terms.
Does this ruling suggest all the prisoners currently behind bars are under 78 years of age? Fair enough, degrees of crime are considered in every judgement and that is traditionally reflected in the length of a sentence that one gets, but if someone can incite violence surely they are young enough to serve jail term of every capacity - house arrest, travel ban or prison. Will I not be arrested at 78 if I incite violence? I wish I had 50 years to add on current my age!
What is more puzzling, perhaps more significant about the whole thing is that one can be a president in Malawi at 81 years old, which is what the incumbent president, Bingu wa Mutharika will be in 2014 when his last term in office finishes. Here it gets more complex. Suppose Mutharika's successor(s) are suspicious of some wrong doing by him, will they not take legal action against him, just as Mutharika's administration is doing with his predecessor, Bakili Muluzi? If found guilty would Mutharika not be sentenced at 81?
Comical as this case may sound, it has some serious implications on good governance and the justice system in the country. Previously I have argued that good governance in Africa is undermined because public figures have too much immunities and protection. Chakuamba's case has nothing to do with his age but everything to do with who he is. Any ordinary citizen in his shoes could have been behind bars - without trial in many cases. Malawi and indeed, Africa will not improve if our leaders and public figures are not held accountable for their actions.
This case brings to mind Bakili Muluzi's well publicised medical treatment in the UK, which is being payed for by Malawi taxpayers. Muluzi ruled Malawi for 10 years and failed to improve health care system, taxpayers in the country are dying from curable diseases because public hospitals cannot afford medicine among other things yet their money is spent on an ex-leader to go abroad for his medical help? Where is the justice? I am not faulting Muluzi here, he is just benefiting from inefficient system that is in place.
How would our leaders improve health care system when they know taxpayers will fly them abroad for medical attention when when they are down? These people must be treated in our local hospitals, that will not only serve money, but it will bring justice to everyone, and perhaps improve services as well. If anyone wants treatment abroad let them pay for it.
Everyone is supposed to be equal under the law, that is what the Republican Constitution preaches but on this evidence, some people are more important, even failed leaders!