US embassy cable - 05LILONGWE981

C O N F I D E N T I A L LILONGWE 000981 
 
SIPDIS 
 
STATE FOR AF/S JEANNE MALONEY 
STATE FOR INR/AA 
 
E.O. 12958: DECL: 11/16/2010 
TAGS: KDEM, PGOV, MI, Political Issues 
SUBJECT: VICE PRESIDENT ARRESTED, CHARGED WITH CORRUPTION 
 
REF: LILONGWE 977 
 
Classified By: Political Officer Tyler Sparks for reason 1.4 b and d. 
 
1. (C) Vice President Cassim Chilumpha was placed under house 
arrest on the evening of November 15 on corruption charges . 
He will appear in court on Monday, November 21 to face 
charges in Lilongwe.  The timing of the arrest is clearly 
politically motivated, coming after the VP had attacked 
government and President Mutharika for a string of recent 
arrests of opposition MPs (reftel). 
 
2. (SBU)  Chilumpha's lawyer says he is facing three 
corruption charges from when he served as Minister of Finance 
between March 1, 1998 and March 30, 1999.  Chilumpha 
allegedly authorized payments of $1.3 million U.S. to his 
second wife for contract work that was never completed.  The 
same case brought against Chilumpha in 2000, but it was 
prematurely discontinued before reaching a verdict. 
 
3. (SBU)  Chilumpha was visited by police yesterday afternoon 
at his home in Southern Malawi, and served with a summons to 
appear in court today, November 16, in Lilongwe.  His lawyer 
successfully argued that he did not have enough time to 
prepare, and the court date has been put off until the 21st. 
He will reportedly remain under house arrest until the 21st, 
at which point it is expected that the case will be referred 
to the constitutional court.  They would then have to 
determine whether or not a sitting Vice-President has 
immunity from prosecution or not, before the case could move 
forward. 
 
4. (C) Interestingly, the case is being brought against the 
VP by the Director of Public Prosecutions (DPP), not the 
politically-independent Anti-Corruption Bureau (ACB).  The 
ACB had been investigating Chilumpha, but had apparently 
determined that they didn't have the evidence to press the 
case.  In our regular briefings with ACB regarding ongoing 
investigations, they have not mentioned any active case 
against the vice president. 
 
5. (C) Comment:  The fact that the DPP, who normally does not 
deal with corruption cases, brought the charges against 
Chilumpha points to the political nature of the arrest. 
Chilumpha is still closely aligned with former President 
Bakili Muluzi (reftel). The case against Chilumpha could be 
difficult to prove, as it is regarding events that took place 
over five years ago.  The arrest of the vice president takes 
the recent tit-for-tat dispute between the president and 
opposition to a much higher level.  It is a risky move for 
Mutharika, because he may now be seen as trampling on the 
constitution to get a foe removed from office quickly, much 
the same way the opposition's impeachment moves have been 
viewed by many Malawians.  Also, the Muslim community will 
interpret the arrest as another attack on their faith by the 
Catholic Mutharika.  This move will further inflame passions 
in the ongoing battle between Mutharika 
and Muluzi, and will close the door further to any possible 
reconciliation between the president and the UDF opposition. 
GILMOUR