THE DARK JUSTICE —WHEN GOVERNING SYSTEMS OPPRESS THE POOR (GOO-GOO)

Years ago, when I was pursuing my journalism academic certificate, I crossed paths with a fisherman in Mangochi. He narrated how inhumanely the laws were being enforced by patrolling teams designated to patrol around Lake Malawi National Park. The fisherman stressed that cases involving residents surrounding the lake were mostly dead upon arrival in courts; as such, they proceeded to pay fines just to be free. This was before the two parties had mediators, and as we talked, he also explained that they reached a common goal later. Women were told to pay one thousand Kwacha (K1,0000.00) if they had to pick dead wood, and fishermen were enlightened on where to fish and what species they were restricted from catching. This sounded like a big deal then, as the park authority understood the needs and literacy levels of its neighbours. Aside from other things that may have occurred, the consensus showed progress and care. A decade later, there have also been others at loggerheads with governing bodies, but at a trading site this time. Instead of enlightening people, they first came with a notice to let them away from the place. Some scholars argue that ignorance of the law is no excuse; they forget that infants commit many mistakes due to a lack of knowledge, and we say they should be forgiven because they are still learning. By the same token, we should understand that Malawi has high illiteracy levels, and only a few can boast of advancing their education. Of course some laws are common, but some are ambiguous and hard for a common citizen. How many people is the country going to convict in the name of “Ignorance of the law is not an excuse?” The whole country struggles with this — things that should be condemned are still happening; some even shield corruption and other wrongdoing with supposed legal knowledge. We should always bear in mind that learning never stops.

The Pillars of unchecked Malawi | Credits: Rufaro Afrika

“Anawauza ndi amakani saamamva. Anapatsidwa chenjeze kangapo koma kusamva.” As people struggle with the economy here in Malawi, some politicians alongside their counterparts, thought it wise to enforce the laws on poor Malawians. Small-scale traders have recently been warned to move from places that serve as hubs for business in the name of safety and the guidelines of central government’s administrating bodies. In light of recent events, I woke up to news that Goo-goo market — which, per the law, is deemed illegal, had been demolished. The government’s security forces did not spare anything or anyone; even livestock met their fate, leaving wrecked steel roofing and cabbages strewn on the spot.

Poor native's small scale business destroyed in a night | Credits: Rufaro Afrika

Years have passed since the issue came to light, and poor citizens thought the matter had been buried — perhaps the relevant bodies and owners of such places had reached an agreement. Business operators kept on trading, and even the ‘haves’ often left their gated communities to shop here due to the availability of fresh agricultural produce. Rumours have it that the governing body responsible for city where Goo-goo is located grew frustrated since they gained nothing from the market.

“Goal, goal!” As the name sounds, a few selfish individuals never scored at all. The frustration mounted: “They are operating illegally and we are gaining nothing from it? Let the guidelines our former colonial masters left us be used.” Oh, before I go further — it is becoming an undeniable fact that in the land of the fresh waters, individuals love power and use it to frustrate others. I will not go too deep, but we saw it from the country’s first leader after Western colonialism: he enjoyed three decades of a privileged lifestyle while using a whip to discipline the very same people he had once stood beside to fight the oppressor. Then came another, who feasted as well, and then another. The cycle is never-ending; their juniors operate in the same fashion. Perhaps the coloniser was right to fear that if given power, the native land owners would take each other’s lives. Today, when we see the law enforced, it is mostly against the poor and sometimes against political rivals. These legal injustices may well be proven by arbitrators and judicial officers to be full of substance. Right in books and concepts developed by a few, to keep their interests align or just control so they enjoy alone at the top.

Cartoon of  exposed Indians who sold fake medicine in a deal with corrupt Malawian officials | Credits: Rufaro Afrika

Goo-goo — they did not score. We both lose, and the powerful win: that is the message portrayed today. Someone confidently said they were warned and did not comply. Let me ask you a question: how many times have you been warned about flouting other guidelines? We see minibuses exceeding capacity, then using ‘general receipts’ to avoid further sanctions while committing the same offences. Even politicians spend years answering cases of corruption and other misconduct against the nation. Some continue to enjoy life outside bars, with court orders as shields against jail for years. The part of the governing body that ought to be conversant with the economy and relevant laws never thought it wise to engage differently, hence they instead chose to use brutal means in their quest to enforce the rules.

A Rastaman arrested for cannabis, a politician roaming freely after stealing public funds — calling friends to root it | Credits: Rufaro Afrika

Quoting part of Marvel’s The Punisher: “There are people who bend the laws, make the rules work in their favour. They may be fooling some, but they are not fooling me.” The Punisher is a vigilante character whose family was murdered in cold blood; the judicial system then convicted him when he tried to seek revenge. The very same law enforcers who hunted him never went after those who killed his family. This parallel is apt, the law applies only to the poor not to the rich or corrupt individuals who are already exposed by various media outlets. Goo-goo! They scored; the poor are being pushed out. Perhaps this tragedy will give rise to new forms of resistance. They have started something by taking away livelihoods. Aside from issuing summons, did the authorities lack other means to relocate the traders without demolishing their goods? Where was the idea of using the military merely to scare them away from the area before destroying their property at midnight? Dark justice works swiftly against the poor, but for politicians it is barely a headline of concern. The poor like the rich, also want business spaces where they can trade their farm produce — not just any space, but busy locations where trade can truly thrive.

Satire of how Laws are bend in Malawi in favour of the corrupt rich| Credits Rufaro Afrika

Pan-Africanists like to cite the slave trade, slavery, apartheid and other forms of abuse as practices that were once legally binding but were never morally right per human standards. By the same token, forcing people out of trading spaces deemed illegal, and using force to destroy what they trade — may be legally binding, but it is not right. Indeed, human beings are supposed to be exemplary and ought to conduct themselves in an organised manner. Humans are not bulls seeking to destroy everything in a fit of rage. We do not need to act harshly towards one another, and what has just happened, the destruction — this dark justice against the poor — needs to be condemned at all costs.

Rumours which suggest that livestock were killed during the operation are very disturbing. As noted, no knives were used per norm of dressing chicken which is alone a violation of the country's social constructs. The destruction of other properties caused that harm; creatures meant for trade died instead of being sold as intended. This also paved way for thieves who, after the destruction went to steal some few products that seemed to have survived the tragedy. Who will hold them accountable? As one can note, not all laws are just — some carry the very same elements of oppression, merely concealed behind a mask of legality.

The power of those in the ruling social class is felt very differently by the lower class. It has long been a norm that those in authority get away with almost everything like destroying property in the pursuit of their projects. Is that humane, or merely selfishness institutionalised by those in power? What happened to enlightening the other parties before resorting to destruction? Here is a quote that paints a vivid picture of this feeling:

“To gather green wood, one must rip it violently from the living tree. Yet gathering dead wood removes nothing from the property — only what is already separated is taken. Despite this essential difference, you call both acts theft and punish them as such. Montesquieu names two kinds of corruption: one when the people do not observe the laws, the other when the laws corrupt the people. You have erased the difference between theft and gathering wood. But you are wrong to believe it is in your interest. The people see the punishment, but not the crime. And, as they do not see a crime… when they are punished, you should fear them, for they will take revenge.” — The Young Karl Marx (film)

There is still hope, someday people will fight using formal means to win against injustice | Credits: Rufaro Afrika

As this suggests, not every person will retaliate; some will simply move on and start again elsewhere. We live in a land where laws can be corrupted or can corrupt many individuals, but the question remains: are these destructive measures any different from those of colonisers who denied our native people access to economic activity? We boast of being knowledgeable, but how different are we from those we once condemned? The small-scale business owners of Goo-goo market see only the destruction of their property — nothing about justice in any of this.