Topic 10, 11, 12 - WTEC1 ACADEMY

TOPIC 10: CONSTITUTION

A constitution is a set of rules for governing a country. It defines how the government operates, the rights of citizens, and the structure of the state.

TYPES OF CONSTITUTIONS

Written or Documentary Constitution
- Definition: A document or book that contains all main rules and regulations for governing a country.
- Advantages:
  - Provides a legal document for guidance, reducing mistakes.
  - Easy for government and public to review government operations and performance.
  - Clear roles and responsibilities among government departments.
- Disadvantages:
  - Less flexible for interpretation by judges.
  - Difficult to amend or remove outdated provisions.
Unwritten or Non-Documentary (Uncodified) Constitution
- Definition: A constitution whose principles and laws are not written in a single document. Rules are found in various sources such as legislation, customs, and conventions.
- Advantages:
  - Flexible for judicial interpretation.
  - Easier to change to address new situations or remove bad rules.
- Disadvantages:
  - Government operations can become unclear.
  - Harder for government and public to ensure rules are observed.

COMMON FEATURES OF CONSTITUTIONS

Supreme Law of the Land: All other laws must conform to it.
Sovereign Status: Defines the sovereignty of the state.
National Territory: Describes the geographical boundaries of the country.
Bills of Rights: Protects fundamental rights of citizens.
Authority: Government derives authority from the people and has legal protection.
Dispute Resolution: Procedures for resolving constitutional disputes.

WAYS OF MAKING CONSTITUTIONS

Consultative Meetings: Involving various stakeholders such as politicians, lawyers, traditional leaders, and the public.
Dictatorial: Written by a small group or a dictator.
Unwritten: Developed over time from various sources.

FACTORS THAT INFLUENCE CHANGES IN THE CONSTITUTION

Changes in Political System: For example, Malawi’s shift to multi-party politics.
Societal Changes: Such as lowering the voting age.

IMPORTANCE OF AMENDMENTS/CHANGES

Up-to-Date Rules: Ensures rules are current.
Effective Operation: Enhances the functionality of the constitution.
Removes Ambiguities: Clarifies and resolves inconsistencies.

MAIN FEATURES OF THE CONSTITUTION OF MALAWI

Supremacy: All laws in Malawi must conform to it.
Sovereignty: Defines Malawi’s sovereignty.
National Territory: Describes Malawi’s geographical boundaries.
Freedoms Protection: Safeguards the freedoms of Malawians.
Authority: Derives authority from the people.
Government Structure: Details powers, limits, and responsibilities of government officials.

SYMBOLS OF NATIONAL IDENTITY

National Flag:
- Description: Three horizontal bands of black, red, and green.
- Symbolism:
  - Black: Represents black people.
  - Red: Symbolizes the blood of those who fought for freedom.
  - Green: Represents Malawi’s evergreen nature.
  - Rising Sun: Symbolizes the dawn of freedom.
- Display: Government offices, schools, hospitals, and embassies.
National Anthem:
- Description: A song for official occasions and international events.
- Composer: Mr. Lawrence Sauka.
Coat of Arms:
- Description: Features the fish eagle, Mulanje Mountain, a lion, and a leopard.
- Motto: “Unity and Freedom.”
Public Seal:
- Description: The official stamp of the President.
- Usage: Stamped on important official documents.

KEY PRINCIPLES OF MALAWI’S CONSTITUTION

Lawful Authority: Leaders must exercise power within legal bounds and avoid abuse.
Will of the People: Authority must serve and protect the interests of the people.
Trust in Government: Government should be open, accountable, and transparent.
Universal Suffrage: Authority comes from the people through voting.
Rule of Law: Everyone, including the President, is subject to the law.

PRINCIPAL ORGANS OF GOVERNMENT

The Executive:
- Composition: President, Vice President, Cabinet Ministers, Attorney General, and Director of Public Prosecution.
- Function: Makes decisions on running the country.
The Legislature:
- Composition: Parliament, consisting of the State President and the National Assembly.
- Functions: Enacts laws reflecting the will of the people.
- Leadership: Headed by the Speaker and two Deputy Speakers.
The Judiciary:
- Composition: Courts and officials including the Chief Justice, judges, and magistrates.
- Functions: Interprets, protects, and enforces laws.
- Principle: Separation of powers among the three branches of government.

CONSTITUTIONAL CHANGES

1966:
- Malawi became a Republic with Kamuzu Banda as head of state.
- Transition to a one-party state with MCP as the sole legal party.
- Bill of Rights was removed.
1969-1971:
- Extended presidential term to life.
- Increased constituencies from 50 to 60.
- President gained powers to appoint MPs.
1993-1995:
- Introduction of multi-party democracy.
- Reinstatement of the Bill of Rights.
- Restoration of constitutional supremacy and judicial independence.
- Regular and fair elections.
- Emphasis on rule of law, transparency, and accountability.

TOPIC 11: PEACEFUL CO-EXISTENCE

Peaceful co-existence refers to the ability of people to live together in a society in harmony and without conflict.

HISTORY OF PEACEFUL CO-EXISTENCE IN MALAWI

Resistance Against Colonialism (1896 – 1964): Struggle for independence and unity among Malawians against colonial rule.
One-Party Rule (1964 – 1994): Period of centralized power under a single party, with limited political freedom.
Democratic Era (1994 – Present): Transition to multiparty democracy, emphasizing unity and collective effort to achieve democratic governance.

FACTORS THAT CONTRIBUTE TO PEACEFUL CO-EXISTENCE

Humanity: Treating each other with respect and understanding as fellow human beings.
Contact and Dialogue: Engaging in discussions and negotiations to resolve disagreements.
Unity of Purpose: Working together towards common goals, often guided by shared values or religious beliefs.
Following Rules: Adhering to laws and regulations that promote social order and mutual respect.

IMPORTANCE OF PEACEFUL CO-EXISTENCE

Promotes Harmony and Stability: Creates a stable environment where individuals and communities can thrive.
Leads to Sustainable Development: Facilitates long-term growth and progress by fostering a cooperative atmosphere.
Encourages a Culture of Contact and Dialogue: Builds a foundation for resolving conflicts peacefully and maintaining social cohesion.

TOPIC 12: CONFLICTS

Conflict refers to misunderstandings, disagreements, or quarrels between individuals or groups.

TYPES OF CONFLICTS

Political Conflicts: Arise from differing political ideologies or disputes between political parties.
Social Conflicts: Stem from differences among ethnic, racial, or gender groups.
Religious Conflicts: Occur due to differences in religious beliefs or practices.
Economic Conflicts: Emerge over competition for resources or economic disparities.

CAUSES OF CONFLICTS IN THE COMMUNITY OR NATION

Land Disputes: Disagreements over land ownership or use.
Religious Differences: Conflicts arising from divergent religious beliefs.
Differences in Political Ideologies: Disputes between political factions or leaders.
Economic and Social Differences: Inequalities in wealth or social status.
Cultural Differences or Ethnic Rivalry: Tensions between different cultural or ethnic groups.
Gender Inequality: Discrimination based on gender, leading to conflicts.

EFFECTS OF NATIONAL CONFLICTS

Famine: Reduced food production leading to shortages.
Destruction of Life and Property: Damage to homes, schools, and infrastructure.
State of Insecurity: Fear and instability due to lack of peace.
Refugee Problem: Displacement of people leading to refugee crises.
Violation of Human Rights: Exploitation and abuse in conflict situations.
Spread of Epidemic Diseases: Health crises due to damaged water supplies and sanitation.

WAYS OF AVOIDING CONFLICTS IN MALAWI

Promoting Good Governance: Ensuring transparent and accountable leadership.
Electing Effective Democratic Leaders: Choosing leaders who represent diverse interests and foster unity.
Promoting Contact and Dialogue: Encouraging communication and negotiation to resolve disputes.
Promoting Inclusion and Peace Education: Educating the public on tolerance, diversity, and peaceful coexistence.