Identifier
Created
Classification
Origin
05LILONGWE942
2005-10-31 13:50:00
CONFIDENTIAL
Embassy Lilongwe
Cable title:  

DONOR LETTER WELCOMED AS IMPEACHMENT WRANGLE

Tags:  MW PGOV PREL 
pdf how-to read a cable
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RR RUEHMR
DE RUEHLG #0942/01 3041350
ZNY CCCCC ZZH
R 311350Z OCT 05
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 1974
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEAIIA/CIA WASHDC
RUEHLO/AMEMBASSY LONDON 0166
C O N F I D E N T I A L SECTION 01 OF 03 LILONGWE 000942 

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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

C O N F I D E N T I A L SECTION 01 OF 03 LILONGWE 000942

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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

LILONGWE 00000942 002 OF 003


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

LILONGWE 00000942 003 OF 003


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