Identifier
Created
Classification
Origin
04LILONGWE449
2004-05-25 13:15:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Lilongwe
Cable title:  

OPPOSITION CHALLENGES TO ELECTION HAVE LITTLE

Tags:  PGOV KDEM ASEC PHUM PINR MI 
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UNCLAS LILONGWE 000449 

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KDEM ASEC PHUM PINR MI
SUBJECT: OPPOSITION CHALLENGES TO ELECTION HAVE LITTLE
TRACTION

REF: A. LILONGWE 445


B. LILONGWE 439

SUMMARY
--------
UNCLAS LILONGWE 000449

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KDEM ASEC PHUM PINR MI
SUBJECT: OPPOSITION CHALLENGES TO ELECTION HAVE LITTLE
TRACTION

REF: A. LILONGWE 445


B. LILONGWE 439

SUMMARY
--------------

1. (SBU) On the second day of the three-day gap between the
close of polls and the announcement of election results,
Mgwirizano Coalition leader Gwanda Chakuamba, acting without
the Coalition's backing, announced on May 22 that he had won
the presidential elections. While claiming victory,
Chakuamba accused the Malawi Electoral Commission (MEC) of
delaying the tabulation and announcement of results so that
it could rig the elections in the ruling United Democratic
Front's (UDF) favor. After MEC announced results on May 23,
Chakuamba incited his supporters, and subsequent
demonstrations in Blantyre and Mzuzu sparked violence that
lasted through the May 24 inauguration of Bingu wa Mutharika
(reftel B). As tensions ease, the Coalition filed a legal
challenge to the elections and is requesting the results be
declared null and void. The Malawi Congress Party (MCP),led
by John Tembo, has also stated that it plans to file suit
against MEC because several pro-MCP areas were allegedly not
included in the final tally of presidential results.
Although the elections had notable irregularities and lacked
some key elements of a fully democratic contest (reftel A),
the margin of victory was such that there is no reason to
think that Mutharika did not win. END SUMMARY.

CHAKUAMBA'S BRAZEN ANNOUNCEMENT
--------------

2. (U) On day two of the three-day gap between the close of
polls and MEC's announcement of results, Mgwirizano Coalition
leader Gwanda Chakuamba, who came in third place in the
presidential election, announced on May 22 that he was the
victor of the presidential contest. His announcement was
apparently made without the consent of the rest of the
Coalition. Coalition Deputy Aleke Banda reportedly would not
sign Chakuamba's press release and advocated for more
peaceful means of protesting the Electoral Commission's
delays. In his claim of victory, Chakuamba accused MEC of
outright rigging during the tabulation of results and of
administrative irregularities that led to the
disenfranchisement of voters.


3. (U) Upon the Electoral Commission's announcement of
results, Chakuamba supporters demonstrated in Blantyre and
Mzuzu, which provoked a heavy-handed response from the police
(reftel B). The unrest, which has subsided, lasted through
Bingu wa Mutharika's inauguration late in the afternoon of
May 24.

THE COALITION'S LEGAL PETITION
--------------

4. (SBU) Bazuka Mhango, a senior member of the Coalition and
a lawyer, told poloff that the Coalition officially filed a
challenge of the election results at the High Court on May
24, in accordance with legislation requiring petitions to be
filed within 48 hours of the announcement of results. In the
petition, Mhango said, the Coalition is arguing that the
elections had so many irregularities that "no one can
determine the true results" and that the results should be
declared null and void. Mhango said the Chief Justice will
set a court date when he meets with the lawyers presenting
the case on the afternoon of May 25.

MCP PLANS TO FILE SUIT
--------------

5. (SBU) The MCP has announced that it refuses to accept the
presidential election results because it believes two
districts from the pro-MCP area of Mchinji were not included
in the totals announced by the Electoral Commission. MCP
Publicity Secretary Nicholas Dausi told poloff that party
officials are collecting presidential election totals from
their party monitors before they officially file suit at the
High Court. Dausi said party representatives have been in
contact with MEC officials to ensure that their challenge
fulfills all necessary legal requirements.

COMMENT
--------------

6. (SBU) Although the elections had notable irregularities
and lacked some key elements of a fully democratic contest
(reftel A),no election observers noted problems widespread
enough to overcome Mutharika's 400,000 vote lead. The
opposition challenges of the elections results will be heard
by the High Court, but are not likely to change the outcome
of the presidential contest.
DOUGHERTY