HIGH COURT PUTS INJUNCTION ON PRESIDENTIAL

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
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