US embassy cable - 05LILONGWE942

C O N F I D E N T I A L SECTION 01 OF 03 LILONGWE 000942 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR AF/S, INR/AA 
 
E.O. 12958: DECL: 10/31/2015 
TAGS: MW, PGOV, PREL 
SUBJECT: DONOR LETTER WELCOMED AS IMPEACHMENT WRANGLE 
CONTINUES 
 
REF: A) LILONGWE 932 B) LILONGWE 937 
 
Classified By: DCM David Gilmour for reasons 1.4 b and d 
 
1. (U) Summary: Heads of Western donor missions sent a letter 
to Malawian political leaders, urging caution in considering 
constitutional amendments to rush through new impeachment 
procedures.  Most political players welcomed the letter and 
all acknowledged the donors' right to a voice in the current 
impeachment debate.  Leader of opposition John Tembo 
belatedly criticized the letter in response to a question 
from a journalist.  Parliament rose on October 31, failing 
again to conclude any substantive work on a number of pending 
bills.  End summary. 
 
An Open Letter 
-------------- 
 
2. (U) Heads of western donor missions, including South 
Africa, sent an "open letter" to key Malawian political 
leaders the week of October 24, urging careful consideration 
of proposals to amend the country's constitution to provide 
for the rapid impeachment of President Mutharika.  The letter 
highlighted the extraordinary circumstances that warranted 
donor comment on a domestic political issue, noting that the 
impeachment debate had sidelined all other business in 
parliament, including the current food crisis.  Advocating a 
transparent public debate for any constitutional change, the 
letter cautioned that a new government born of hasty 
constitutional revisions would encounter difficulty in 
gaining international recognition and in establishing donor 
relations.  The letter praised Malawi's progress in improving 
its fiscal management and fighting corruption, and encouraged 
parliament to continue its proper constitutional 
power-balancing role.  The letter was signed by the heads of 
mission of the U.S., Norway, Germany, France, EU, UK, South 
Africa, and DFID. 
 
Hand Delivery 
------------- 
 
3. (SBU) Donor heads agreed to deliver the letter personally 
to leaders of major parties and other key political players, 
in order to solicit individual views and encourage dialogue 
on a way forward.  It was assumed that the letter would 
quickly become public, which it did the day after it was 
delivered to the first recipient.  The recipients were 
President Mutharika, former president Bakili Muluzi, 
Opposition Leader John Tembo, Speaker of Parliament Louis 
Chimango, foreign minister Davies Katsonga, finance minister 
Goodall Gondwe, People's Progressive Movement (PPM) party 
leader Aleke Banda, Chief Justice Leonard Unyolo, former vice 
president Justin Malewezi, Democratic Progressive Party 
secretary Heatherwick Ntaba, UDF parliamentary leader George 
 
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Ntafu, and Republican Party leader Gwanda Chakuamba.  All 
recipients received the letter as a constructive gesture, and 
none questioned the donors' right to express an opinion.  All 
players offered substantive commentary on their positions. 
 
Leaders' Response 
----------------- 
 
4. (C) Ambassador Eastham met former president Muluzi October 
27, arriving a few hours after officials from the 
Anti-Corruption Bureau and Department of Public Prosecution 
searched his compound and retrieved computers and documents 
pertaining to the ongoing corruption investigation.  Muluzi 
feigned ignorance of the donor's letter, even though it 
appeared in that morning's newspaper.  Muluzi asserted that 
he had no role in the move for impeachment, and that it was 
he who was being persecuted by Mutharika.  Muluzi said he 
picked Mutharika to the UDF presidential candidate in 2004 
because "he would take care of the economy and I would handle 
the politics."  He described a "gruesome" and expensive 
campaign to get Mutharika elected, and how he forged a 
coalition in Parliament between the UDF and Gwanda 
Chakuamba's RP that would permit Mutharika to govern.  Muluzi 
said that Bingu "created his own problem" by leaving the UDF, 
forming DPP and dismantling the governing coalition that 
Muluzi had created for him.  Muluzi offered, somewhat 
disingenuously, that he had no interest in returning to the 
presidency, and was disturbed by the divisions in the country 
that Mutharika had created.  While claiming to wish him well, 
Muluzi accused the president of lacking the political acumen 
to run the country.  "This is politics--he has to play." 
Muluzi dismissed the Ambassador's query as to whether a 
meeting could be arranged with the President, saying that 
prior attempts had not been productive.  Muluzi also 
 
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dismissed the donor's concerns about the constitutional 
issues raised by impeachment, claiming that was a "matter for 
Parliament."  Closing the meeting, Muluzi mentioned that he 
had received an offer from Boston University for a residency 
in the U.S. soon after the election and had declined, but 
added that he was now reconsidering. 
 
5. (C) Opposition leader and Malawi Congress Party head John 
Tembo reacted to the letter with a lengthy commentary on the 
poor state of relations and atmosphere of bad blood between 
Mutharika and parliament.  Repeatedly emphasizing the theme 
of personal relationships, he complained that Mutharika did 
not show proper respect to him and other leaders.  He said 
that the president of Malawi is the "father of the nation" 
and he opined that Mutharika was not doing a good job of 
playing the father role and taking care of his children. 
Tembo was particularly angry at a "spontaneous" pro-Mutharika 
demonstration outside parliament on October 24 in which the 
vehicles of several opposition MPs were damaged, and he 
demanded that Mutharika apologize to MPs.  Tembo denied that 
he is collaborating with Muluzi's UDF in promoting 
impeachment, saying that MCP's relations with UDF are not 
good, and that he feels personally betrayed by Muluzi. 
 
6. (SBU) UDF parliamentary leader George Ntafu acknowledged 
the donors' right to comment on impeachment, and cited the 
longstanding complaint that the GOM anti-corruption campaign 
had unfairly targeted the UDF.  Ntafu warned that UDF and 
others were conducting their own corruption investigation of 
Mutharika, citing supposed evidence of secret overseas bank 
accounts and real estate purchases. 
 
7. (SBU) All other leaders welcomed the letter as a positive 
contribution to the debate.  Speaker Chimango expressed a 
particular concern over the potential for political violence 
as the impeachment debate drags on.  He faulted the 
government for lack of skill in addressing its critics during 
parliamentary debates, and expressed the view that the 
impeachment charges are not sufficient to convict Mutharika. 
Former vice president Malewezi predicted that impeachment 
would die a natural death because the opposition does not 
have the requisite two-thirds majority to amend the 
constitution and convict the president, particularly if the 
vote is by secret ballot. 
 
Chief Justice: Procedures Won't Pass Constitutional Muster 
--------------------------------------------- ------------- 
 
8. (C) Malawi's Chief Justice Leonard Unyolo thanked 
Ambassador for the efforts of the donors to intervene.  He 
said he assigned Malawi's best high court judges to sit on 
the court that will weigh the constitutionality of the 
impeachment procedures, promising that they would rule on the 
matter as soon as possible, but probably not before the new 
year.  He offered that the judiciary was worried that the 
procedures meet the standards of Malawi's Constitution and 
international standards.  He was confident that the 
Constitutional Court would rule correctly on the matter, 
adding his own opinion that the procedures would not be 
upheld as being "in consonance with basic notions of 
democracy in Malawi."  The CJ was most concerned about the 
implications of Parliament acting as prosecutor, judge and 
jury, saying he preferred the South African model, where an 
independent tribunal would be convened for indictment and 
trial. 
 
Media and Civil Society Positive 
-------------------------------- 
 
9. (U) Media and civil society organizations praised the 
letter as positive reinforcement for the position they have 
held for several weeks-- that impeachment is ill considered 
and is diverting attention from far more pressing national 
issues.  The letter prompted several positive editorials and 
op-ed pieces, as well as positive commentary from leaders of 
a range of civil society organizations. 
 
Tembo Takes Exception 
--------------------- 
 
10. Although he did not raise any objection in his private 
meeting with donors, opposition leader John Tembo criticized 
the letter in comments to a journalist outside parliament on 
October 28.  A front-page story in the October 29 edition of 
the "Weekend Nation" quoted Tembo as saying, "Government is 
run by the people of Malawi and not donors.  It's up to them 
to assist or not assist.  The people are dying now, where are 
the donors?"  Tembo's remarks drew immediate fire from 
 
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government officials, civil society organizations, and 
editorialists.  The October 31 edition of "The Nation" led 
with the headline "Government Bashes Tembo- His Remarks on 
Donors Suicidal." 
 
Comment 
------- 
 
11. (C) Parliament adjourned its current session October 31, 
resolving to take up the impeachment debate in the next 
session, pending the resolution of a court injunction against 
further debate on the issue (ref A).  In the meantime, donors 
will continue to press all parties to observe due process in 
addressing the country's many problems.  In the long term, 
Mutharika and his government must find a way to work 
constructively with parliament in order to get legislation 
passed and continue the reform agenda.  Reconciliation with 
the UDF is virtually impossible, particularly as corruption 
investigations move ever closer to Muluzi.  Despite his hurt 
feelings, Tembo has hinted that a constructive relationship 
with Mutharika may still be possible.  If the national 
governing council scenario fails (and with it his shot at an 
interim presidency), Tembo may decide to work with Mutharika 
for the sake of the nation.  The public and some MCP members 
certainly hope that he will.  The impeachment effort enjoys 
virtually no  public support, and popular criticism of Tembo 
and the opposition will only intensify as the food crisis 
progresses. 
EASTHAM