US embassy cable - 05LILONGWE932

C O N F I D E N T I A L LILONGWE 000932 
 
SIPDIS 
 
STATE FOR AF/S 
STATE FOR INR/AA 
PARIS FOR D'ELIA 
 
E.O. 12958: DECL: 10/24/2010 
TAGS: PGOV, KDEM, PREL, MI, Political Issues 
SUBJECT: HIGH COURT PUTS INJUNCTION ON PRESIDENTIAL 
IMPEACHMENT ATTEMPT 
 
REF: A. LILONGWE 914 
 
     B. LILONGWE 634 
     C. LILONGWE 614 
 
Classified By: PolOff Tyler Sparks for reasons 1.4 b and d. 
 
1. (SBU) Summary: The High Court issued an injunction 
against the Presidential impeachment procedures over the 
weekend.  This came after a notice of indictment of the 
President was presented in Parliament on Friday, October 
21.  The Speaker had accepted the notice, and summoned 
President Mutharika to Parliament to hear the charges 
against him on Thursday, October 27.  However, the 
injunction leaves the impeachment issue in limbo, as 
Parliament begins its third and final full week of its 
current sitting. End Summary. 
 
2. (U) The Speaker of Parliament read out the names of the 76 
MPs who had signed the notice of impeachment in Parliament on 
October 21.  At that point the entire government side walked 
out of Parliament in protest.  The notice requires only 1/3 
of the sitting MPs and must be filed 7 days before the motion 
is presented on the floor. It was supported by opposition 
Union of Democratic Forces (UDF) MPs, as well as some 
opposition Malawi Congress Party (MCP) MPs. However, a number 
of notable figures were not on the list, including the leader 
of opposition John Tembo and former Vice-President and 
current independent MP Justin Malawezi. 
 
3. (C) Malawezi, in a conversation with the Ambassador on 
Saturday October 22, was highly critical of John Tembo, 
describing him as "drunk with power" or at least the prospect 
thereof.  Malawezi, who served as Bakili Muluzi,s vice 
president from 1994 to 2004, said he doesn't believe the 
opposition will be able to muster the 2/3 majority needed for 
impeachment.  He thinks a number of MCP MPs are not for 
impeachment, and are unsatisfied with the leadership of John 
Tembo.  The vote on impeachment will be by secret ballot, 
which would free up MPs to vote their conscience and likely 
lead to defections in both directions, leading Malawezi 
unable to do any precise vote-counting as to any vote,s 
ultimate outcome. 
 
4. (SBU) The high court ruling over the weekend puts the 
brakes on the entire process however, and seems to rule out 
the possibility of an impeachment during this sitting of 
Parliament (which rises October 31). The injunction restrains 
Parliament from any action relating to standing order 84, the 
new impeachment procedures that were adopted last week 
(reftel A). The Speaker has announced that Parliament will 
hire its own lawyers to challenge the case. The injunction 
will remain in place until the High Court determines the 
constitutionality of the impeachment procedures or the 
injunction itself is overturned.  The impeachment procedures 
have come under fire because they make Parliament prosecutor, 
judge and jury in the impeachment process (reftel A). 
 
5. (C) Comment:  While the Malawian court system is highly 
regarded in terms of impartiality, it is also slow.  As such, 
it could be weeks if not months before the High Court 
addresses the impeachment procedures, at which point there is 
a decent chance they will indeed determine them 
unconstitutional. Hopefully, this means that Parliament will 
focus on the very serious work that sits before it, and put 
the impeachment process to the side for the moment.  However, 
it also means that the uncertainty that has accompanied the 
past few months will continue on, as the specter of 
impeachment continues to hang over the President's head. 
EASTHAM