GOM CASE AGAINST VP MALEWEZI DISMISSED

UNCLAS LILONGWE 000376 SIPDIS E.O. 12958: N/A TAGS: PGOV KDEM MI SUBJECT: GOM CASE AGAINST VP MALEWEZI DISMISSED REF: A. LILONGWE 245 ¶B. LILONGWE 1 ¶1. (U) The High Court dismissed on May 4 the GOM's case against VP Justin Malewezi, in which government sought Malewezi's dismissal for resigning from the ruling United Democratic Front (UDF) and the right to appoint a new First Vice President (reftel A). In the ruling, the panel of three judges found the Attorney General did not have the authority to refer constitutional disputes to the courts and that such authority resides only in the powers of the presidency. The ruling further elaborated that if the President did bring the matter to the courts, there would be no defendant in the case, as it would be a matter of judicial interpretation. COMMENT -------------- ¶2. (U) The ruling, in effect, confirms that opposition presidential candidate Malewezi as Malawi's First Vice President. With less than two weeks to go before the elections, it is unlikely that government will pursue the matter further. Malewezi may counter sue for benefits that have been denied him, as the GOM has tried to squeeze him financially and get him to "voluntarily" resign. BROWNING