NATION on Sunday

MAY 5 2013

NATION ON SUNDAY, 5 MAY 2013

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undled behind the Malawi Savings Bank building at Bvumbwe in Thyolo are over 90 Malawians comprising men, women, boys and girls who were forced out of their homes in December 2012 following violence that erupted between two villages after chieftaincy disputes. These Malawians have become refugees in their own country as a result of a mere dispute between two villages; namely, Wilson and Ngomano, both of which fall under the jurisdiction of Senor Chief Thomasi of Thyolo. Land and chieftaincy have always been major causes of conflicts in Malawi and this is not surprising at all. What is surprising, however, is the question of how such a conflict can grow to such proportions as to render a whole community homeless for over four months and with no solution in sight. It makes one wonder about the roles and relevance of traditional, political, social and governance institutions in ensuring that there is law and order in the country given how this cancer in Thyolo has been allowed to devour a whole community. While these people are languishing in that state, it seems as if they have been forgotten by their own government and everyone else. Background to the conflict The displacement of the Ngomano clan in December 2012 that resulted from rising tensions and eventual demolition of houses and looting of all household property is a longstanding matter. It dates back to the late 1980s when the Ngomano and Wilson families started fighting over chieftaincy issues. Wilson Village has been a stand-alone village since 1950s while Ngomano Village came into existence around the 1970s. Around 1969, Wilson Village was elevated to the status of Group Village Head (GVH) while Ngomano remained just a village under GVH Wilson. In the late 1980s, the Ngomanos began to make claims through Traditional Authority Thomasi and the District Commissioner for Thyolo that it was Ngomano that should have been considered for elevation to the GVH status. According to them, GVH Wilson is an offshoot of Chinthebe Village which itself got its chieftaincy from the Ngomanos in the 1930s. The Ngomanos claim that what

NATION on Sunday
MAY 5 2013

Dumisani Msukuma Contributor

special essay

The forgotten conflict in Thyolo

Scars of war: One of the houses damaged in the December attacks at Ngomano Village
happened is that at that time, a man from Chinthebe Village married into the Ngomano family and used that as an opportunity to take over the Ngomano chieftaincy. Thus, although Wilson Village has been recognised as standalone village since the 1950s while Ngomano was re-instated in the 1970s, the Malawi Government elevated Ngomano to GVH status in 2008 and dissolved the Wilson chieftaincy. By that decision, the people of Wilson Village were now under Ngomano and their village would be renamed Ngomano II. GVH Ngomano would also be responsible for members to hold the position of village head for what was formerly Wilson Village. For about 13 years, Wilson Village stayed without a leader but its members never accepted to be ruled by GVH Ngomano. The dissolution of Wilson Village by government through the Ministry of Local Government is the first and major contributing factor to the present conflict. The people of Wilson Village view the leadership from Ngomano as an imposition. How do you have a situation where a village is recognised by government for over 30 years and then one day you just declare that it no longer exists on its own? Something must be seriously Exclusive inquiry page 3

A key player in the conflict: Charles Mchacha

Tried to resolve the wrangle: Mtendere

Photograph: nation library

Photograph: deogratias mmana

NATION on Sunday
MAY 5 2013

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supposed to be the rightful GVH Ngomano by virtue of being the eldest nephew of the late Wisikesi. Kapanga then joined forces with the claimants from Wilson Village to dislodge the current GVH Ngomano, Lackson Thomson Mchacha. Thus, there is a triangle of conflict parties involving on the one hand the family of the current GVH Ngomano and claimants from Wilson Village led by Martin Banda and Kapanga on the other. Within Ngomano Village, there are those that are in favour of the current GVH and those who believe that Kapanga is the genuine leader. Key stakeholders to the conflict, other than the conflicting parties mentioned above, are Senior Chief Thomasi, Thyolo District Council, the Malawi Police and the Ministry of Local Government. These stakeholders are the ones that can resolve this conflict and also ensure that there is peace in the area. But on the look of things on the ground, their efforts are bearing no fruits as demonstrated by their failure to repatriate the displaced people for over four months now. Gravity of the conflict The conflicts have been in and out of both traditional and formal courts. As explained above, it was initially the issue of Ngomano versus Wilson villages which was ruled in favour of Ngomano as the senior chieftaincy. It was this decision by government that saw Ngomano Village being elevated to GVH in 2008. As these conflicts have taken time to be resolved, violence crept in. In 2011, GVH Ngomano and his immediate family members were attacked. This was after names of people from Wilson Village were registered to be under the new village called Ngomano II in the Farm Input Subsidy Programme (Fisp). They never accepted to be called Ngomano II and their violent protests led to torching of houses and destruction of household property. Police made some arrests but most of the cases ended at bail hearing. Once the courts granted bail to suspects that was the end of the trial. In the eyes of the police, they Exclusive inquiry page 6

How the Thyolo chieftaincy conflict began

Exclusive inquiry page 2 wrong with the way villages are created and dissolved. While all conditions for a potential conflict had been set between the people of Wilson and Ngomano villages, an internal dimension emerged within the Ngomano family with Peter Sailesi Kapanga claiming that, in fact, the Ngomano chieftaincy was unlawfully taken away from his late uncle, Maxwell Wisikesi. According to Kapanga, he is

Deogratias Mmana News Analyst

ackson Mchacha, who is serving as Group Village Head Ngomano, has no doubt that the weight of history and culture supports his familys claim over the Wilson chieftaincy. Mchacha, who was interviewed for this story at Bvumbwe where 94 people are camping after being displaced by the fighting over the chieftaincy, is brother to Charles Mchacha, MP (DPP) for Thyolo West. He said the conflict dates back to about 13 years ago when village heads Wilson and Ngomano were fighting over Wilson Village. He said Ngomanos argument was that Wilson had no right to head the village. The dispute was referred to Senior Chief Thomas and in the process of handling the case, Wilson died. We asked the district commissioner to stop installing Wilson Village Head until the matter was resolved, he said. Mchacha said Group Village Head Chinthebe took up the case on behalf of the late Wilson. He said a panel of chiefs Chimaliro, Mphuka, Khwethemule and Bvumbwe met at the district commissioners office where they ruled that Ngomano had a legitimate claim to the Wilson chieftaincy. I was then asked to choose an heir to the Wilson chieftaincy. I chose my sister, Alice Jonas. But on the day of installation there was chaos. People from Wilson Village, led by Wilson Banda, incited the chaos and pandemonium. They threw stones at government vehicles and people had to run for their

Wilson Village is under usMchacha

Chinthebe married in Ngomano where, he said, Banda and his supporters attacked him. Village. They chased me over a long So, the Chinthebe chieftaincy was taken from chikamwini and distance as they wanted to kill shared to Wilson and Manjolo me. In the process, they robbed villages. Of course, Wilson and me of a hat, jersey, K20 000 cash Chinthebe were brothers who and an umbrella. I phoned the married in Ngomano Village. district commissioner, Bester Research shows that the Wilson Mandere then, and he dispatched chieftaincy emanates from police officers who found me in the bush. Up to now, that issue Ngomano Village. These people married into our has been ignored. Nobody was clan, so they are not supposed to arrested, said Mchacha. He said people of the two be chiefs. We are fighting against villages continued to engage in the Wilson chieftaincy. tit-for-tat attacks. After the panel According to of chiefs decided Mchacha, on the issue in our September 20 favour, district 2011, Banda and commissioner They chased his supporters assigned Senior s t o r m e d Chief Thomas to me over a long N g o m a n o call for a meeting distance as they Village and set and inform people wanted to fire to houses of the two villages in the Mchacha about the verdict. kill me. In the compound. But Thomas has process, He said the not done that until they robbed me cause of the now. incident was Senior Chief of a hat, jersey, the change of Thomas was against K20 000 name from the ruling although Wilson Village it was her who cash and an to Ngomano Two referred the matter umbrella. Village. to the district The change c o m m i s s i o n e r , came from the said Mchacha. He said on Exclusive February 4 2011 he attended a inquiry page 4 meeting convened by Thomas

Mchacha: These people cant be chiefs

lives. In the end, we did not hold the installation, he said. According to Mchacha, Group Village Head Chinthebe is the one who nominates and recommends a candidate for the Wilson chieftaincy. He said

Photograph: deogratias mmana

Lackson Mchacha defends himself

Exclusive inquiry page 3 [Ministry of Local Government] after the DC Mandere reported that Wilson Village was now called Ngomano II. There were fertiliser coupons which were sent to Ngomano II Village. Senior Chief Thomas, instead of calling me to inform me about the coupons, called Banda and told him that his village would receive 333 coupons and so he should work out how best to distribute them. However, on the day of distributing the coupons, clerks recognised Ngomano II and not Wilson Village. Banda and his people protested and warned that they would set our houses on fire. They torched our compound and burnt four houses and looted property. Police were informed and Banda was arrested. He stayed in a police cell for four months, but the case has not been concluded. The case has been postponed several times. I hear it was closed, said Mchacha. He said after the incident, Banda and his supporters made several raids on Ngomano Village. When I reported one incident to the DC, he advised me to find means of saving myself and my people. Thyolo Police just ignored the matter, he said. He said at about 8pm on December 26 2012, Banda and other people from Wilson Village descended on Ngomano Village where, he claimed, they destroyed all property they could lay their hands on. This is the incident that resulted in the destruction of 11 houses belonging to the Mchacha family. I slept in the kitchen but when the situation deteriorated I had to flee for my life. The enemy stole my K740 000 which I realised after selling a minibus. I wanted to buy dairy cows. I reported the matter to police but no action was taken. Some of the people in my village, not from my family, were also attacked for sympathising with us.

NATION on Sunday
MAY 5 2013

The court is too slow to deal with cases arising from the conflicts. Suspects were given bail and that is all we know about the cases, said Mchacha. He said the families camping at Bvumbwe are determined to return home although they face the risk of attacks from their rivals. Mchacha said the families know that they face threats from people of Wilson Village and Peter Kapanga who is laying a claim to the Ngomano chieftaincy. n

Leave Wilson Village alone

Deogratias Mmana News Analyst
ear, suspicion and tension reign in Ngomano and Wilson villages in Thyolo that have been at war from 2007 over a chieftaincy wrangle. Visitors and strangers, like everybody else in the area, have to look over their shoulders for potential trouble as they could be targeted by members of the two rival villages. Although tense calm has returned to the area, it is still a polarised community only united by the consensus that at the core of the dispute are differences over whether Wilson Village should be part of Ngomano Village. Beyond this point lies a tangle of claims and counterclaims that have locked the two villages in a state of war. Besides the Ngomano-Wilson spat, another angle to the issue is the fight over the Ngomano chieftaincy between Peter Kapanga and Lackson Mchacha. Wilson Banda, who is son to the first Group Village Head Wilson, is the lynchpin of the Wilson camp. In an interview at Wilson Village recently, Banda said the focus of the battle is the Mchacha family which, he said, has been at the heart of attempts to annex Wilson Village to form part of Ngomano Village. He argued that the Mchachas have no historical claim to the Ngomano and Wilson chieftaincies. Who is Ngomano? People refer to Lackson Mchacha as

Group Village Head Ngomano. That is not the truth. The real Ngomano is Maxwell Wisikisi who was given the chieftaincy in 1971 in a deal between village heads Wilson, my father, and his brother Chinthebe. Wisikisi was the right hand man of Wilson. He was the chiefs induna. He lived in this area for a long time and respected our ancestors. As a token of appreciation, Chinthebe and Wilson gave him a portion of land to look after. The land was later called Ngomano Village. That was the name Wisikisi gave the area when he was installed. We do not know where he came from. What we know is that from 1971, Ngomano Village was born and the head was Maxwell Wisikisi. His family line is still there today, said Banda. He traced the Mchacha family to a man who was working at Minimini Tea Estate in Mulanje. Banda said the man married a woman who was also working at the estate. He said the couple then moved to Ngomano Village. No one, he said, knew the womans original home, so her living at her husbands home meant she was in a patrilineal marriage or chitengwa. But Banda said this was not normal in the Mangaanja culture which requires that the man has to live in his wifes village. According to Banda, one of the couples two daughters married a Mchacha. He said the family lived peacefully with the first Wilson

Banda: The Mchacha family grabbed our chieftaincy

and people in the area until Mchachas children grew up and began making claims to the Ngomano chieftaincy which at the time was under Wisikisi. This, he said, surprised

people in the area. Banda said apart from claiming to be the rightful heirs to the Ngomano chieftaincy, the Mchachas also sought to make Wilson part of Ngomano Village. It is such manoeuvres that lie at the heart of the triangle of battles involving Wilson and Ngomano villages as well as between Lackson Mchacha and Peter Kapanga over the Ngomano chieftaincy. Banda linked the death of Wisikisi, the first village head Ngomano, in 2002 to the chieftaincy wrangle. He said Wisikisi was found dead in his house a day before Traditional Authority Thomas was due to rule over whether the Mchachas claim to the Ngomano chieftaincy was legitimate. That time, there was a case between Village Head Ngomano and the Mchacha family at T/A Thomas. Two murder suspects were arrested and spent only two nights in police cell and were released. The case then just petered out. No justice was dispensed, said Banda. He said after succeeding to grab the Ngomano chieftaincy, the Mchacha family intensified their pursuit of Wilson Village when Charles Mchacha became a Member of Parliament for Thyolo West in 2004. The Mchacha family became more pompous and threatened to deal with anybody who would block them from achieving their agenda of getting the Wilson chieftaincy, said Banda. Exclusive inquiry page 5

Photograph: Deogratias Mmana

NATION on Sunday
MAY 5 2013

We are refugees in our own country

Deogratias Mmana News Analyst
iven a chance, Alice Ngaika would be excited to walk down the path of history and undo the events of December 26 2012. The day will forever remain etched in her mind after she lost all she had when people from Wilson Village descended on her Ngomano Village in Thyolo as part of a series of titfor-tat attacks stemming from a chieftaincy wrangle. I lost 12 pigs, a sofa set, beds, tomatoes and other items, said Ngaika. Ngaika was speaking at Bvumbwe Trading Centre in the district where she and 93 others are camping after being displaced by the fighting in December. Life at the camp, a rest house owned by Member of Parliament (MP) for Thyolo West Charles Mchacha, is a far cry from the relative comfort of her home at Ngomano Village. The group faces problems such as inadequate food, lack of privacy, poor sanitary conditions and limited opportunities for earning income. All our clothes were burnt or stolen during the raid, said Ngaika. The aftermath of the attacks and the subsequent realities are weighing heavily on Veronica Yakobe. Yakobe is not a member of the Mchacha family, which is embroiled in the battle over the Wilson chieftaincy, but she paid the price for sympathising with the Mchachas who are also fighting to protect their hold over the Ngomano chieftaincy which is also being contested. She said the assailants destroyed her house and looted other property. On the day of the interview in late March, Catherine Labson had a little reason for some cheer. After struggling to find piecework at the trading centre, a woman asked her to draw water and wash clothes for her.

Wilson Village fights for its cause

Exclusive inquiry page 4 He said while the Mchachas were fighting to claim Wilson Village, Wisikisi nephew, Kapanga, was fighting against the family to reclaim the Ngomano chieftaincy. Banda said the situation between Ngomano and Wilson villages degenerated into tension and fights, much like the conflict between Tutsis and Hutus in Rwanda in 1994 in which about a million people were killed. Because of their political connections, these people amassed too much power and every family member, including dogs, behaved as if they were also MPs. They ill-treated people here. Until now, this place is not like it is in Malawi. It is a war zone full of tension, said Banda. He said there have been attempts over his life because of the key role he has played in advancing the cause of the Wilson Village. Banda said after he was attacked in 2010, he reported the matter to Thyolo Police but claimed that police did not go to the area to investigate the issue. This, he said, angered people in Wilson Village. Banda said people in Wilson Village were further angered by Ngomanos attempts in 2011 to turn Wilson Village into Ngomano II Village. When we went to Chinthebe Village to receive fertiliser coupons, we discovered that our village had been deleted and instead it appeared as Ngomano Two. This shocked us. We knew the Mchacha family was behind this to advance their agenda to get Wilson Village. What we dont understand is that even government was in support of the change. When Ngomano was called to explain the anomaly, he told the officials distributing the coupons to maintain Ngomano II Village on the list, said Banda. He said this upset people Exclusive inquiry page 8

One of the 17 families living at Bvumbwe after being displaced by the conflict
For her endeavours, Labson for one pit latrine, bathroom and was paid K200. Egged on by the borehole. Catherine Chinyama minced money, she rushed to the market no words as she to buy some maize described the flour for that days conditions at the food. camp. On some days, Life is hell I get K300. It is I used to here. We queue hardly enough. I have a good for one latrine am bitter that I am house with a and bathroom. suffering like this. This is a health I had goats, pigs, decent pit hazard. We could chickens, a decent latrine and be attacked by house and a good cholera and other pit latrine. They bathroom. I In the were all destroyed had property at diseases. event of a disease during the attacks outbreak, we can by people from home. Life was die here. Wilson Village. better there.We all I used to have We are living live in fear here. a good house like refugees now, with a decent said Labson. pit latrine and She said on some bathroom. I days, she sleeps on had property at an empty stomach. People interviewed at the home. Life was better there. We camp said they have to queue live in fear here. We cannot go back to Ngomano. We are not safe. But police are not arresting those people, said Chinyama. Lackson Mchacha, who is Group Village Head Ngomano, said government gave the group 24 bags of maize and two 20kg bags of beans. He said the Timotheos Foundation donated maize flour, soya pieces and matches while Medicins Sans Frontieres gave them plastic plates and small blankets that are suitable for children. We gave the blankets to children. As for us elders, we sleep without cover like animals. We do not know what we will do when this food is finished, said Mchacha. District Commissioner for Thyolo Lawford Palani described the situation facing the displaced people as pathetic. He said the people deserve to return home. n

Photograph: Deogratias Mmana

NATION on Sunday
MAY 5 2013

Thyolo chieftaincy wrangle in perspective

Exclusive Report page 3 could do nothing since bail was granted by the courts. It should be borne in mind that courts do not move on their own; they have to be moved. The police should have moved the courts to hear the cases until determinations could be made. The granting of a court bail is not the conclusion of a court matter. Towards the end of December 2012, Banda from Wilson Village was attacked at night. His interpretation of the attack was that it was an attempt on his life. He believed that GVH Ngomano had a hand in the attack that was aimed at eliminating him for his role in the chieftaincy wrangle. Within a few days, Ngomano received reports that people of Wilson Village had hatched plans to have him and his family members killed. It was because of such threats that he, together with family members and other sympathisers, fled to Bvumbwe where they have sought refuge up to this day. Thus, the threat to kill members of the Ngomano clan has been understood as a revenge mission by members of Wilson Village. In fact, people of Wilson Village claim that GVH Ngomano and his family members ran away on their own, fearing reprisals following the attack on Banda. Banda is son to the late GVH Wilson. Role of police The Malawi Police are charged with the responsibility of ensuring internal security in Malawi. In the present case, that role should be looked at from the perspective of what happened prior to, during and after the violence. It has been reported that the first violence erupted in 2011 and then the last one in 2012. It is possible that with proper community policing structures and liaison with local leaders these instances of violence could have been avoided. The December 2012 incident exposes more gaps in police action. After the police were notified of the violence, they only visited the place after two days and then left within days. Initially, the violence was minor, with only broken windows here and there but when the perpetrators saw that there was no police presence, they went ahead and demolished all the houses to ground level. They also cut down all trees and took away anything of value. Police action created a fertile ground for lawlessness by leaving the place unprotected. Role of chiefs, Local Government At the heart of the conflict is the chieftaincy wrangle concerning Wilson and Ngomano villages, both of which fall under the jurisdiction of Senior Chief Thomasi. Normally, it is expected that all such conflicts or disputes should be sorted out at the level of the Traditional Authority. As it stands, Senior Chief Thomasi has not only failed to stamp her authority on the matter but is now part of the problem, with both sides accusing her of sending conflicting messages about the matter. Traditional authorities do not act alone in this day and age. They are supervised by the Ministry of Local Government through district commissioners. It would appear that in the present case, the ministry has done next to nothing to resolve the dispute. It has been reported that Deputy Minister of Local Government [Augustine Mtendere] has visited the area only once in January this year and there has been no Exclusive inquiry page 7

Deogratias Mmana News Analyst

argaret Chinyama never imagined that one day she and her husband would have to play hide and seek to enjoy the most intimate moments of their marriage. But life in what they now call home is such that for them to have sex, they have to use their ingenuity to escape the prying eyes of other families staying in a camp at Bvumbwe Trading Centre in Thyolo. Since December 2012, the Chinyamas have been living at the trading centre after they were displaced by the conflict between Ngomano and Wilson villages in the district over a chieftaincy feud. Seventeen families, all from Ngomano Village, are camping at Bvumbwe after people from Wilson Village attacked and destroyed their homes on December 26 2012. My family life has been hugely affected. Men sleep together; the same for women. My husband and I cannot have sex unless we come up with a strategy, said Chinyama. Another woman at the camp, who sought anonymity, said the cover of the night provides the privacy they need to meet conjugal obligations. With my husband, we wait until it is dark to make love. We leave the camp and meet somewhere for sex. I used to enjoy sex with him during the day, but we cannot do it here.

How sex, marriages fell victim to conflict

is not happening here. I am an industrious woman. We wanted to plant winter crops, but we could not do it because of our situation. There is no opportunity of earning money here, said Chinyama. For men of Ngomano and Wilson whose wives came from the rival village, their marriages became a tale of nightmare as fear and suspicions reigned. Their love has been tested by the feeling among their village folks that they betrayed the cause and aligned themselves with the rival camp. Such men were viewed as rebels. They had no choice but to live with the situation. Some left their wives for other places, said Wilson Banda of Wilson Village. Group Village Head Ngomano, Lackson Mchacha, who is also living at Bvumbwe, said he knows a case of a man from his village who left his wife at the height of the tension. The mans wife, he said, came from Wilson Village. He said he heard that seven other men from the two villages left their wives to avoid trouble.n

The conflict has affected marriages and other social relations

We do not even spend much time making love because the places where we do it are not conducive. We are refugees in our own country, she said. Since the conflict flared up in 2012, relations between the two villages have been characterised by revenge skirmishes that have disrupted life in the area. Back home in Ngomano Village, Chinyama and her husband would bang heads and plan for the future. Now, they can only look back with nostalgia to the time when they could marshal their energies to improve their lives. We would plan things together with my husband in our good house, but that

Photograph: deogratias mmnana

NATION on Sunday
MAY 5 2013

Deogratias Mmana News Analyst

f he had a choice, Cosmas Mchacha would be in school today, looking forward to the day he would sit for Junior Certificate (JC) examinations next academic year. While he still nurses the ambition to go all the way with his education, Cosmas will have to wait a little longer to get there because fate has intervened cruelly in his life. Like other boys and girls displaced by clashes involving Ngomano and Wilson villages in Thyolo, Cosmas stopped going to school in December 2012 when his family found refuge at Bvumbwe Trading Centre in Thyolo after their houses were destroyed by people from the rival village. There are 52 young people at the camp, 30 of whom were in school back home in Ngomano Village, according to Thyolo district commissioner Lawford Palani. I was in Form One at Victory Secondary School. Since the attack, I stopped going to school. I am just staying here. All my school materials were lost during the raid on our village. I dont have the clothes to wear to attend another school, he said in an interview at the camp for 17 families displaced by the conflict. Cosmas sister, Zione Mchacha, who was in Form Two at the same school, said the wrangle between the two villages has thrown her future into uncertainly because she also stopped going to school. When I visited the camp recently, I met and interacted with a group of boys and girls in

Village conflict kicks 30 pupils out of school

These 30 pupils are supposed to go to school but they cannot. Human rights are not respected here. Our ministry sent deputy minister [Augustine Mtendere] there and he said that the evicted people should return to their land but the other camp has put its foot down that they do not want the family members back to the village. We sent chiefs and had meetings with the police, including the commissioner of police for the South and they assured us they could offer security but they said they do not have adequate resources, said Palani. Executive director of Civil Society Education Coalition Benedicto Kondowe described the situation facing the children as pathetic and regrettable. The situation at Ngonamo is the worst of its kind where the right to education is violated due to the wrangle. Their [childrens] future would certainly be doomed if no intervention is done quickly. The situation at hand also puts to question the effectiveness of local government or indeed the DCs office in resolving such disputes. Unfortunately, with the horrible situation that these families are in, government appears not to be there to settle the matter, said Kondowe. n

Children living with their parents at Bvumbwe are unable to go to school

primary school uniforms who, upon seeing that I was carrying a camera, could not resist the allure of the machine. They swarmed towards and mobbed me, clearly relishing the opportunity to get their faces on the lens. Only if they were in class. Esnat Tambala, 59, is also camping at Bvumbwe with her four children who, she said, are no longer attending classes. They were learning at Muonekera Primary School. They cannot go there now because of the conflict. I cannot transfer them to another school because they do not have clothes and school materials. I am concerned because these are future leaders but now their future is doomed, said Tambala. She said her twins, who were in Standard One at Chinthebe Primary School, have been out of school for months now. Palani is worried that the children are missing out on education because of the conflict.

Special analysis of Thyolo conflict

Exclusive inquiry page 6 follow-up visit. This has left the people not only homeless but also futureless. They have no way of knowing what will happen next as there is no clear direction given by government on the matter. One would have expected the Ministry of Local Government not only to provide them with relief items, but also come up with a final determination on the chieftaincy issues If the Traditional Authority cannot come up with a position on the matter, then it is the ministry that can do so upon consultation with the district commissioner and traditional leaders in the district. Why there has been this dead silence so far is a matter for more speculation as to what other forces are at play. Can we say that as a country we do not have the capacity to deal with a conflict involving just two villages? Political dimensions to the conflict When all factors have been considered and set aside, there is only one factor that seems to outweigh all others to this conflict and that is political influence. People of Wilson Village have made their position clear that all machinations to have their chieftaincy removed were the works of Honourable Charles Mchacha, Member of Parliament for the area. They have accused him that when he was an influential DPP parliamentarian, he used his political influence to get favourable decisions from government that saw his brother, Lackson Thomson, elevated to GVH status at the expense of Wilson Village which was removed from the list of standalone villages in Thyolo and renamed Ngomano II. Now that there has been political change and that Mchacha is no longer in the ruling party, people of Wilson Village are hoping that the Peoples Party (PP) government will restore their chieftaincy to its original status. It is not very clear whether governments failure to provide for the displaced people is because of the political connections mentioned above. But looking at the not so distant horizon, one Exclusive inquiry page 8

Photograph: deogratias mmana

NATION on Sunday
MAY 5 2013

Ngomanos divided house

Deogratias Mmana News Analyst

Wilson Banda makes his case

Exclusive inquiry page 5 from Wilson Village and a fierce battle broke out, disrupting the distribution of the coupons and government officials involved in the coupons exercise had to run for their lives as the people descended on them. Banda said people from Wilson Village later set Ngomano Village ablaze, an attack that resulted in police arresting 35 suspects. He claimed that a man from Wilson Village was killed by police over the attacks. Banda said following the attack, he escaped and went into hiding for some days before surrendering to Thyolo Police so that the 35 people from the village could be released from detention. I was in the police cell for seven months. I went there on October 3 2011 and was released on May 4 2012. Police cooked up a case against me but the case seems to have died. I can say I am still on bail since that time. The matter was never brought to court, said Banda. Then came the recent attack on Wilson Village on December 24 2012, which Banda attributed to the feud. The boys who wanted to attack me at a funeral came to my Exclusive inquiry page 11

t first, the conflict in Senior Chief Thomas in Thyolo was presented as pitting Ngomano and Wilson villages, but the emergence of Peter Kapanga as a claimant to the Ngomano chieftaincy has added a different angle to the intractable chieftaincy wrangle. It is a dimension that complicates efforts to resolve the long-running spat that has been aggravated by politics and procrastination on the part of government, chiefs and other stakeholders. Kapanga, 56, said he is entitled to the Ngomano chieftaincy because he is the nephew to Maxwell Wisikisi who he believes was killed over the disagreements. I am the nephew of the first Ngomano who was murdered in 2002. I fought for the village and won. But when the socalled Group Village Head Ngomanos brother, Charles Mchacha, became an MP in 2004, and was in the Ministry of Local Government and Rural Development as deputy minister, he took advantage of his position and removed me. People reacted angrily. Although his brother claims to be Ngomano, people in the village recognise me as their leader. I am the one in control now. I have the peoples blessings. Even [Senior Chief Thomas] knows that I am the rightful heir to the throne and she just wants the dust to settle to put things in

People of Ngomano Village are also fighting among themselves

order, said Kapanga. Kapanga said some people in Ngomano Village teamed up with their counterparts in Wilson Village to fight the Mchacha family for grabbing his chieftaincy. He said the people evicted from Ngomano Village, who are now camping at Bvumbwe Trading Centre, should not return to avoid re-igniting fighting in the area. Senior Chief Thomas, who has been involved in resolving the web of conflicts involving the two villages, said the resistance of Kapanga and others to the return of the people camping at Bvumbwe presents a new challenge to the resolution of the problem. Trouble is now coming from Ngomano Village. People who remained in the village do not want those that escaped to come back, she said. Thomas said she convened a meeting in March 2013 to plead with people of Ngomano Village to allow those displaced by the fighting to return, but she said they asked for time to consider the request. She said the issue of Kapangas claims to the Ngomano chieftaincy is being handled by Thyolo DC Lawford Palani. Lackson Mchacha, whom Kapanga is fighting to topple as Group Village Head Ngomano, said he is aware of the risk of returning home, but said he and others displaced by the conflict are determined to go back to Ngomano Village. n

How govt has dealt with wrangle

Exclusive Report page 7 also sees that the 2014 general elections are at play in this conflict. As the two sides have drawn their battle lines, it is clear that they are largely split between DPP and PP. Actually, some of the men that have been directly involved in the violence hold positions in one or the other of the two political parties. Unfortunately, politicking has resulted in serious human rights issues being ignored by government, NGOs and human rights institutions. What should be done? The plight of the displaced people at Bvumbwe requires urgent attention by government and well wishers. It does not matter whether they are aligned to a political party or not. First and foremost, they are Malawians like all of us. They are human beings like all of us. Government must in the short term address their immediate needs by providing them with decent shelter, food and sanitation facilities. Government must also ensure that school-going children have access to education facilities. Exclusive inquiry page 11

Photograph: deogratias mmana

NATION on Sunday
MAY 5 2013

t is the wish of government to ensure that the issue of Ngomano and Wilson villages is resolved. If you follow the story, six years ago Wilson Village Head was removed. To resolve the matter, the Thyolo District Council set up a committee comprising heads of departments and a chiefs council. In the chiefs council, there is T/A Nsabwe, Khwethemule, Mphuka, Chimaliro, Ngongoliwa, Nanseta and Senior Chief Thomas. It was resolved that whoever was fighting from Wilson Village against the Ngomano chieftaincy should have his position returned. The matter went to paramount chiefs Mkhumba and Lundu and they said the Wilson chieftaincy should be restored because people of the village were fighting because they said their chieftaincy was removed. So, through discussions with the Ngomano family, we asked them to return the chieftaincy for the sake of peace and they agreed. Mkhumba and Lundu signed to have the Wilson chieftaincy back. Ngomano agreed. Wilson agreed. The next step was for Senior Chief Thomas to facilitate the installation of Wilson and it was for them to give us an heir. What surprised us was that on December 24, Wilson Banda, who was the leader of the people and sought refuge at Bumbwe. Police investigated the to facilitate the ceremony, was matter but did not trace the attacked at night. Two versions of the attack people linked to the attacks. We want to find a solution to emerged. According to Banda, it was people from Ngomano the issue. We invited Ngomano and Wilson village heads, but Village who hacked him. The other version was that from Group Village Ngomano thieves went to the village to came a man who claimed to be the rightful steal chickens. Then Group Village Head Banda mobilised people Ngomano, not the from Wilson and one who had escaped Ngomano villages and It is with the people to attacked the Ngomano a pity. Bvumbwe. family [Mchacha Where That is why I family]. am calling this The people ran away. there is no Ngomano-Wilson and Police received a report peace, there Ngomano-Ngomano of the attack and went is no conflict. Just imagine, there where they found wathawa that houses had been development. Ngomano [has escaped] and burnt down. Look, somebody claims Eleven houses were they are amene athawawo razed down, property asabwerenso [the was looted; everything chasing fugitives should not that was there was anybody return]. taken, animals killed and who goes So, we invited picked. The Ngomano chiefs and other there. family that was staying parties and asked the at the village heads displaced people to compound ran away

Conditions at the camp for displaced people in Thyolo are dire

Thyolo DC puts conflict into perspective

home. The Malawi Human Rights Commission (MHRC), Eye of the Child and Malawi Watch are helping us to teach these people to understand the rights of others. There are 94 people that were evicted. Out of the 94, there are 52 children and out of these 30 were in school but are not attending classes anymore. Our ministry (Local Government and Rural Development) sent the deputy minister [Augustine Mtendere] who emphasised that the people should return, but the others have put their foot down. Even if police use force for the people at Bvumbwe to return, the problem is that forces on the ground are not ready to accept them. That becomes a problem. Recently, we went there as council together with the police, chiefs and invited Ngomano, Banda and Peter Kapanga [who claims to be chief Ngomano] and met at Senior Chief Thomas. In the course of discussions, we just saw a group of angry people who disturbed the meeting and threw stones everywhere. But we will not give up. I have reported the matter to my ministry. There is no way those people can continue to live at Bvumbwe. They need to go back. Records show that the current Ngomano Village Head is the rightful leader but our office and chiefs told the people that complaints are welcome. We said we could investigate the issue again to ascertain whether there was a mistake. The first research took place some 15 years ago. People have the right to complain. But that should not cause chaos. It is a pity. Where there is no peace, there is no development. Look, they are chasing anybody who goes there. Recently, World Vision officers were chased away, government officials were chased. Whatever is happening there is hindering development. n
Photograph: deogratias mmana

Palani: We are committed to resolving the problem

return but the group remaining in the village said they dont want them back. But no matter what crime they may have committed, they need to go back; thats their

Photograph: deogratias mmana

NATION on Sunday

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MAY 5 2013

In their own words

Southern Region Police spokesperson Nicholas Gondwa
We are aware of the conflict and we are doing all we can to resolve the problem. Lack of funds is our major challenge to effectively handle the situation. These conflicts demand us to camp in the area but we cannot because of lack of funds. The conflicts have been there for a long time and various stakeholders did not pay much attention to the problem. The wrangles would not have come this far. We are conducting thorough investigations so that when prosecutions begin, the cases should not stop. Already, we have arrested one person in connection with the conflicts. We are aware of the accusations levelled against us that we are not doing enough. That is not true. We are also aware of the accusation that one of our officers in Thyolo is siding with one side. We are trained to get information through various means. One way is to get close to a person. I want to assure Malawians that we will do everything possible to bring peace to the area. n

Photograph: nation library

Malawi Watch executive director Billy Banda

We wanted to ensure that there is fair play in this issue. The problem is that there is political influence and lack of political will from the current administration to ensure that the conflict is resolved. It appears the current administration had an agenda to punish MP for the area [Charles Mchacha] who is a member the Democratic Progressive Party (DPP). But if they dont want him, they should not affect innocent people. The future of the people there is in the hands of government. What we expected from President Joyce Banda was to make a visit to the area or delegate the Vice-President and make a statement that people promoting the conflict should be arrested. She also needs to visit the people camping at Bvumbwe and console them. It is very bad that some Malawians are refugees in their own country. We are aware of the visit of the Deputy Minister of Local Government [Augustine Mtendere] but some issues were and are beyond him. We were there during his visit where he asked for peace but this issue is more political and the President is best suited to handle it. n

Uladi Mussa, Minister

Photograph: nation library

Lack of resources is not a major issue. Government cannot fail to provide fuel and other resources. It doesnt demand police to camp in the area. That is an internal arrangement within police. The issue affects two ministries; Ministry of Internal Security and Ministry of Local Government. We had a meeting last week and the final one will be held mid-May to resolve the conflict by taking the displaced people back home and returning the chieftaincy to Wilson Village. n

of Home Affairs

Thyolo second grade magistrate Lameck Mkwapatira

Our role as courts is to receive cases and process them. What has come before the court so far are two cases, one involving Wilson Banda who is the complainant. Currently, there is one person in custody answering the charge of unlawful wounding after he allegedly attacked Banda. The suspect took plea and is on remand. He has applied for bail but it has not been granted. Another case involves [Peter] Kapanga from Ngomano Village. Kapanga and another person are answering charges of malicious damage. They allegedly damaged a house belonging to a woman in Ngomano Village. I remember that in 2011, there was another case involving Banda. He was given bail, but I dont know the status of the case because at the time I was serving in Mulanje. People may be talking a lot and complaining but if there are no official complaints, there are no cases. n

wants to hear from you

Please forward your feedback to: The Editor Nation On Sunday P.O. Box 30408 Chichiri Blantyre 3 e-mail: emunthali@mwnation.com

Photograph: deogratias mmana

Photograph: nation library

NATION on Sunday
MAY 5 2013

11
the district commissioner before the chief is installed. This means that there is no more trouble from Wilson Village because they wanted their chieftaincy and they have got it. But trouble is coming from Ngomano Village now. Those that remained in the village do not want those that escaped to come back, said Thomas. n

enior Chief Thomas, who has been involved in interventions aimed at resolving the conflict between Ngomano and Wilson villages, alleged that the Mchacha family offered to build her a house to get her on board in their efforts to annex Wilson Village. Thomas said construction of the house stopped when she maintained that she would

Mchachas offered me a houseThomas

not allow Wilson Village to be part of Ngomano Village. The house is still there. They were building it for me by force. I did not want it. They abandoned the project after I refused the offer, she said. Charles Mchacha, MP for Thyolo West, who is at the heart of the conflict, refused to comment on the chiefs allegations and other issues related to the wrangle. As a solution to the problems, Thomas said she asked people of Wilson Village to choose an heir to the chieftaincy. She said this has been done, adding that she would submit the name to

The chieftaincy wrangle through the lens

The conflict between Ngomano and Wilson villages in Thyolo has affected people in many ways. Deogratias Mmana managed to get a few shots of the impact of the wrangle...

Wilson Banda takes on Mchacha

Exclusive inquiry page 8

In Wilson Village, farming has suffered because of the conflict

In their innocence: Unaware of the war around them, for children at the temporary shelter at Bvumbwe life is normal

farm house on December 24 2012 between 11 and 12 midnight and nearly killed me. They broke through the door. They had sharp pangas. They wounded me. We fought. Luckily, they failed to kill me. People had expected police to arrest the boys but nothing happened. This recent attack on me angered my supporters further. We fought back to the point that we evicted the entire [Mchacha] family from Ngomano Village. All this happened because the district commissioner did not help us at all, said Banda. He vowed that the fights will resume if the family returns to Ngomano Village. n

Lessons from Thyolo chieftaincy conflict

Exclusive Report page 8 In the long term, government must settle the chieftaincy question once and for all without fear or favour. The Ministry of Local Government is well placed to come up with a proper determination that will ensure that people of both villages have their right to existence respected. Government must also come up with a strategy of resettling the displaced people back to their village while ensuring their security and that of the other villagers. The apparent resistance to the resettlement of the Ngomanos, which is the main reason for the delayed resettlement, gives the impression that government has given in to the villagers that have so far shown no willingness to agree to a negotiated settlement. Certainly, the Malawi Police have enough capacity to contain such villagers. Why they seem to be giving in to unarmed villagers is a question only the police can answer. The major reason this conflict has continued so far is that the Ministry of Local Government has not given it the attention it deserves. The ministry will do well to involve its officers at the highest level to engage with the conflicting parties on both sides and come up with a lasting solution. If need be, the Ministry of Home Affairs could also come in on matters of security. Other lessons learnt The conflict between Ngomano and Wilson villages is longstanding. It is a pointer to what will happen when what looks like a minor chieftaincy dispute is left unchecked for a long time. While traditional leaders have usually argued that chieftaincy issues should never be settled in courts, here we have a case that demonstrates weaknesses in the way chieftaincy disputes are settled in Malawi. The Ministry of Local Government must urgently develop clear succession guidelines for all the major tribal groupings in Malawi, taking into account their traditions and practices. The aim should be to make successions more predictable and, in the process, reduce possibilities of escalating conflicts. n

Photographs: deogratias mmana

The author is a social analyst who conducted an emprical assessment of the conflict.

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Deogratias Mmana News Analyst

NATION on Sunday
MAY 5 2013

hen I was asked to do in-depth stories on the conflict between Wilson and Ngomano villages in Senior Chief Thomas in Thyolo, I was overwhelmed by a sense of apprehension. I asked myself how I would penetrate the two villages that have been at war for over a decade. How, for example, was I to get Wilson Banda, who is leading Wilson Village in the conflict, to grant me an interview? And what about Peter Kapanga, who is laying a claim to the Ngomano chieftaincy? It was a hard task for any reporter, but one an investigative journalist such as me would relish. In spite of my bravado, I was acutely aware of the perils that lay ahead given the tension that has taken hold in the area since the conflict flared into tit-fortat warfare. The reports I received from those who had been to the two villages indicated that strangers are viewed with suspicion and hostility, so much so that instead of being welcomed by open arms, stones and other weapons of war will fly ones way. To lay some ground work before stepping on the landmines of Ngomano and Wilson villages, I began the assignment with a visit to Thyolo district council where I met district commissioner (DC) Lawford Palani to understand the issues that lie at the core of the chieftaincy wrangle. It was a double swoop because not only did I meet Palani, but I also chanced into Lackson Mchacha, who is Group Village Head Ngomano, who had gone to the council to meet the DC over the conflict. After interviewing Palani, I took advantage of Mchachas presence to talk to him as well. Armed with the information gleaned from the interviews, I went to Thyolo Police to talk to the officer-in-charge Casper Chalera but he refused to be interviewed and referred me to Southern Region Police spokesperson Nicholas Gondwa. Though disappointed that Chalera could not

Mmana (R) braved the risks and visited the two villages where Banda took him around the area

Telling the tale of a conflict

share his insights into the issue, I was nonetheless happy that I was leaving Thyolo with something. On my way back to Blantyre, I stopped over at Bvumbwe Trading Centre to interview the people displaced by the conflict who are camping at the trading centre. I met the group in the presence of Mchacha who had returned from Thyolo. One thing that struck me about the people was that their faces told a tale of suffering. Uprooted from their homes by the long-running wrangle, the group felt out of placestrangers in a country they call home. Now the interviews began. One of the men in the group showed me the scars of war: gums that were short of teeth. He said he lost the teeth in December when people from Wilson Village descended on Ngomano. The interviews were some experience for me. I managed to get valuable information that would enrich the stories. But I was under no illusion that all was done for the stories. I had not forgotten that the harder part of the assignment was yet to be tackled. Going to Ngomano and Wilson villages and returning home with my skin intact would be some achievement. That is to put it rather mildly. Twenty-two kilometres from Thyolo Boma lie the two villages whose residents do not see eye to eye. Only the previous week, the DC, chiefs and officials from Eye of the Child, Malawi Human Rights Commission as well as Malawi Watch were pelted with stones when they visited the area on a fact-finding mission. Palani and Mchacha warned me that it would be difficult and dangerous to go to the two villages. In fact, they said it was impossible to go there. But the journalist in me refused to be cowed and intimidated. That is not to say I had banished all the fear in me. Before departing, I said a prayer and hatched a plan for getting to the area. The plan was that I would say I was going to Wilson Village to meet Wilson Banda to buy chickens. Some of the people I had interviewed told me that Banda rears chickens, which gave me an idea of how I would go about getting to meet him. I got Bandas mobile phone number from the DC and called him. I introduced myself to Banda and said I wanted to interview him on the conflict between his village and Ngomano. I was lucky that he accepted that I travel to his base for the interview. But on the way,

I would tell people that I was going to the village to buy chickens. Tension and fear gripped me as I drove past the junction to Amalika Teachers Training College. Around the college, I found a group of men armed with pangas. I knew that I was now entering the war zone. As I drove past the men, they looked at me with suspicion. When I reached Chizunga Tea Estate, I was stopped and asked where I was going. When I said I was looking for Wilson Banda, the men manning the gate looked at one another with mistrust. One of them pretended not to know the village. Then another man chipped in and showed me directions to the village. I drove on a rocky road within the estate towards Wilson Village. I found another group of young men standing along the road armed with pangas. I stopped and asked them for directions to Wilson Village. Reluctantly, they explained how I would get to Bandas house. Of course, not before they asked why I wanted to meet Banda. I told them the same yarn; that I wanted to buy chickens. Finally, I made it to Bandas house. I parked the car at a distance and walked to his house. Banda praised me for having the courage to go to the area and meet him. He said people in the area are hostile towards strangers. After some pleasantries, he opened up and explained how the conflict began. Banda even took me around Wilson Village. We also went to Ngomano Village where he showed me the ruins of what used to be houses for the Mchacha family. I left the area late in the evening. As I drove back to Blantyre, I called my editor to share the joy that was welling up inside me after meeting Banda and others involved in the conflict. But even the joy of investigating the intractable conflict between the two villages did not mask the reality that understanding the issue is not the easiest of tasks. Nor is it easy to cobble up one coherent story telling the tale of this tangle of a wrangle. n

Photograph: deogratias mmana