18 June 2009

Land registration process!

Went to Lands today and the process is as follows:

Firstly they will need to produce a sketch plan and map for the area and plot @ K 50,000.00 (Govn rate but it may take months to do it) But they can do it @ K35,000.00 private within 3 days.

Then we need to apply for registration @ K1,500.00. After that they will send the sketch plan to city assembly for them to crosscheck in case somebody has already regis. the land.(this is there internal process and it does not take time)

Then then they will be need for them to put bicons on the plot @ K 30,000.00 (Govn rate but it may take even 5 month coz they wait for the budget bra bra bra) but can do it @ around K 50,000.00 private they say.

After the the city have approved they sent it to the Min HQ for the Minister to aprove (this may take even a yr they say, But they do push for pple who want it done fast so long as if one MOTIVATES them, you know how it goes with these pple.

Then after this approval they will offer you the land @ a min price of K 10,000.00 (depending on the land and place)

I can contact them for the 1st step if you are ready, they say any day, but cash on delivery

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Regards,

13 June 2009

A year of reading law

My efforts for the past year were to squeeze the English law core modules in one year at Northumbria Law School. I finished the year yesterday with a Trusts and Equity examinations.

To be honest, I enjoyed every moment at the law school. I enjoyed the hectic schedule and the stuff I was reading. I made it a point to attend every lecture and seminar. It was just fabulous so much that it is hard for me to mention my best module. I feel very empowered.

I studied the English Legal System, Tort Law, Contract Law, Public/Constitutional Law, European Union Law, Criminal Law, Property Law and Trusts ad Equity. I also did a research in Family Law on cohabitants’ financial remedies when their relationships breakdown.

My examinations started on Monday 1st June on a sour note though. I had a severe headache carried over from the weekend. I took my Contract, Criminal and Property Law examinations under painkillers. At one time I felt like withdrawing from the examinations. I thank God I recovered well enough for the rest of the examinations although I think I messed up my contract examination answers!

Today I woke up with nothing to do. It felt very very strange. Next Friday I will go back to my part time job while looking for a full time job. However, if I don’t get a job by September, if I will manage to pass the Contract Law exam, I plan to read law for the bar vocational course (BVC) from this September. I am praying for a Contract Law miracle pass. Please join me :D.

Studying law was a huge privilege and a dream come true to me. Many thanks to God and all the support from friends. My biggest debt is to Donalisa for her outstanding support during my studies.

Enjoy the law school music here.

22 May 2009

Well done DDP, Well done Malawians

Rambler has to confess he was not expecting Malawians to vote on merit. Admittedly Rambler wrongly thought that just like in the previous elections regionalism will rule the day. The 2009 elections have come to him as a pleasant surprise. A fresh breath in our politics.

It was lovely to see villagers who have been taken for granted in the past elections by politicians who abused their trust rejecting them ‘harshly’ on the polls. In the last elections the people that we trusted did not live up to our trust consequently we have seen the MCP and UDF been judged accordingly. These are people who abused blatantly their privileged positions in parliament and when they were in Government. On the other hand, we also saw in these elections the DPP of Bingu being rewarded generously at the polls for their remarkable performance in office in the past five years.

Rewarding those who performed and rejecting those who misbehaved - rambler calls this voting on merit.

The 2009 presidential and parliamentary elections mark a new relationship between the politicians and the electorate. It will be that of mature respect…’if you misbehave in office we will see you off at the next elections’. Hopefully politicians will tread carefully henceforth.

My wary though is that we have a very weak opposition and given the tendency of most independents and opposition members of parliament ultimately defecting to government, the country is going to be faced with a very weak opposition indeed.

If there is one lesson we learned from the Banda era and the Muluzi regime is that never trust people with a lot of power. Is it not said that absolute power corrupts absolutely. For the benefit of the nation, the DPP could have done with a stronger opposition than what we have at the moment. Besides a vigilant media, a strong responsible opposition is an excellent tool in restraining government power excesses. Arguably a government with worthy projects a landslide victory is the best vehicle for carrying their projects through.

What is the future for our political parties? This is time for soul searching for all parties. This is the time for the humiliated opposition to plan for their dear existence.

Given the fact that it is the third time Tembo has failed in his presidential bid. Realistically he should be thinking of relinquishing party leadership as quickly as possible to give enough time for the new leadership if it is going to be a real threat to the all conquering DPP in five years time.

For the UDF, which foolishly disregarded bringing in a new leadership and abused their trust when they were in government and in opposition, they may want to face facts and not only bring in a new leadership but plan for the new leadership to go on regular country wide tours apologising to Malawians for their past sins. Probably that would give them the forgiveness they need and a new start they forfeited for a long time.

For all political parties, come 2014 you will all need a new presidential candidate. You have to start grooming him now now now. Lucky enough Rambler is there is for you to fight for.

Aww allow Rambler to go back revising for tort exams, he has 24 hours only to do that wish him well! Well done DDP, Well done Malawians.


The clear-headed electorate denied most political heavy weights seats in parliament. Most of the candidates paying for their own or the sins of their parties but for most it is a combination of the two. Among those rejected are Binton Kumtsaira, Davis Katsonga, Mark Katsonga, Loveness Gondwe, George Nga Mtafu, Majorie Ngaunje, Lewis Chimango, Leornald Mangulama, Callista Chapola Chimombo, Brown Mpinginjira, Richard Msowoya, Friday Jumbe, Hetherwick Ntaba, Christopher Daza, James Nyondo, Faustace Namushani Chirwa, Clement Stambuli, Clement Khembo, Rashid Gaffer, Nancy Tembo, Assani and Wadi to mention a few. Where there were unfair primary elections, the electorate demonstrated their anger in style at the ballot box as well preferring independent candidates to those favoured by their parties as demonstrated in Mwanza where Dausi won instead of the party favourite Katsonga.

Here are the final figures for the MPs: DPP 114, MCP 26, UDF 17, Independents 32, MPP 1, Aford 1 and Mafunde 1 (they should add up to 192).

01 May 2009

Should consent be a defence to the transmission of the HIV virus?

How should I start my ramblings today? Well in case you don’t know, Rambler is a law student and it may be high time he rambled on his lawyerings! I will therefore ramble a bit about consent as a defence in criminal law. Particularly consent to sexual intercourse with a human immunodeficiency virus (HIV) positive person! Is it a crime to pass the virus to a sexual partner?

What is crime? In brief I would say a crime is a conduct forbidden by the state to which punishment has been attached. A common example would be killing a human being. The state would punish such a conduct. Parliament passes laws forbidding crimes and prescribes punishments. Although the state does everything in its effort to name and crimilise bad conduct, there still comes some developing bad conducts which government is yet to crimilise. This is where I like the role of judges and lawyers to pin down such conducts and crimilise them. Such conduct not yet crimilised by the state is left to the courts to crimilise.

It is important to realise that to every crime there are generally defences to crimes. To illustrate the point I will go back to my example above of killing a human being. Imagine a doctor is sued for a patient who died due to a wound sustained on an operation table during surgery. The doctor may have a defence of consent – the patient consented to the operation.

The defence of consent may also apply in the context of contact sports, such as football, rugby, hockey, etc., players will be taken to impliedly consent to conduct which they could reasonably be regarded as having accepted by taking part in that particular sport. Of course consent is no defence where the injury is sustained outside the rules of the game, e.g. during an “off the ball” incident.

Now lets come down to sexual intercourse. In sexual offences such as rape it is often argued that the claimant consented to sex. Indeed in some cases consent has been successfully pleaded. There has been cases where it has been heard that 'a drunken consent is still a consent'! In another case “vigorous” sexual activity which caused death of the victim, consent was accepted by the courts as a defence!

What about consent to having sex with an HIV positive person? Dica and Konzani are the two leading cases on HIV in the English legal system. Mohammed Dica while HIV positive had had unprotected sexual intercourse on a number of occasions with two complainants, who had been willing to engage in sexual intercourse but were unaware of his condition at the time. Feston Konzani, a 28-year-old asylum seeker from Malawi living in Middlesbrough, while been informed that he was HIV positive, had had sexual relationships with the three complainants. He had not told any of them that he was HIV positive, and he had repeatedly had unprotected sexual intercourse with them, knowing that, by doing so, he might pass the infection on to them. Dica and Konzani wanted to rely on consent. All the same the courts refused to accept their defence and were convicted of inflicting grievous bodily harm to their victims. Since Dica and Konzani there have been several cases in the United Kingdom involving allegations of reckless disease transmission during sexual activity which the courts have punished. However if there is evidence that the defendant in fact infected the complainant, and was aware of the risk of transmission, it may be possible to raise the defence of consent. How sad? No one should be allowed by law to such unjustified consent to grievously body harm on their person.

Rambler looks back home and thinks of all those people who are and have knowingly or recklessly caused death through passing the HIV virus during sexual activity but never got punished by the law. Where parliament is preoccupied with other issues and failed to legislate against consent as a defence to passing the HIV virus, may our courts intervene to punish such behaviour. May the long arm of the law stretch out to those who intentionally or reckless transmit sexual diseases. May the victims be able to access the rare commodity called justice.

Rambler still mourns her lovely sister and her almost one year old son who died of AIDs after getting married to a man who was HIV positive but never told her that he was once married to a partner who died of AIDs until when they were all terminally sick.

Oh yes, the ramblings of rambler continue to be erratic.

25 April 2009

Prodigal blogger coming home!

I felt like starting blogging again but I don’t think that is being realistic at the moment as I am about to attempt the toughest examinations in my life. It is such an exam that can be prove to be tough even to the best of the minds. It is no fun to cram a three years long intensive course into one year. However on the other side, I admire my friend Clement who is still blogging from Japan. Besides, is it not said that all work and no play made Jack a dull boy??

I am almost a year old at Northumbria Law School reading towards a postgraduate diploma in law. While every time of my studies opens my eyes to the reality of the stuff that regulates our society and thus fabulous, I am completely assailed with personal battles of survival and an uncertain future – juggling studies and survival is no fun. I will still put my feet on the accelerator though crossing one bridge at a time.

Call these ramblings my faint attempts to blogging once again – prodigal blogger coming home! Wish me well.

02 December 2008

There will be no updates for a longtime to come. Rambler is very occupied with studies (wish him well)! Any inconvenience caused is highly regretted.

04 November 2008



On the threshold of destiny: Barack Obama, wife Michelle and daughters Sasha and Malia