PRESIDENT "FIRES" VICE-PRESIDENT

UNCLAS LILONGWE 000133 SIPDIS SENSITIVE SIPDIS STATE FOR AF/S GABRIELLE MALLORY STATE FOR INR/AA E.O. 12958: N/A TAGS: PGOV KDEM KCOR MI SUBJECT: PRESIDENT "FIRES" VICE-PRESIDENT REF: A. LILONGWE 977 ¶B. LILONGWE 981 ¶1. (SBU) Summary: President Mutharika has announced that he is effectively firing his Vice-President, a move that is widely seen as unconstitutional. Mutharika claims that by skipping cabinet meetings and avoiding most government functions Vice-President Cassim Chilumpha has essentially tendered his resignation. As such, Mutharika announced on February 9 that he has decided to accept Chilumpha's unspoken "resignation". Chilumpha immediately challenged the move, and his appeal will be heard in court on February 10. End Summary ¶2. (U) Mutharika and Chilumpha have been at opposite ends of the political spectrum ever since the President pulled out of the United Democratic Front (UDF) party in early 2005. Chilumpha was one of the few cabinet members who refused to follow the President to his new Democratic Progressive Party. However, despite occasional public appearances (reftels), including a recent surprise appearance at National Anti-Corruption day on February 5 the VP had kept largely out of the spotlight. ¶3. (SBU) Amid rumors that the President will soon seek medical treatment outside of the country for prostate cancer, Mutharika sent an 'acceptance of your resignation' letter to Chilumpha on February 9. In the letter, the President laid out five areas where the VP had abandoned his duties, and thus had effectively submitted his resignation. The President claims Chilumpha has been absent from Cabinet meetings; criticized and attacked government; failed to represent the President at public functions; refused to move to the capital city of Lilongwe; and, run a "parallel government" by organizing public functions without the President's approval or knowledge. ¶4. (SBU) While Chilumpha has long been a thorn in the President's side, none of these accusations would seem to disqualify the VP from office. The Malawian Constitution lays out four ways that a vice-president could lose his position: death, impeachment, medical incapacity, or resignation. While the scope of 'resignation' is not specifically defined, one constitutional lawyer told us it is difficult to imagine a court accepting the President's argument that dereliction of duty equates to resignation. ¶5. (SBU) Comment: It seems highly unlikely that the President will be able to get away with dumping Chilumpha. Chilumpha was directly elected, along with the President, in 2004's general elections. It seems that all sides recognize the unconstitutionality of the President actually firing the VP, hence the government masquerade that Chilumpha has 'resigned'. Given the slow Malawian court system, the most likely outcome appears to be another long, protracted legal battle. Regardless, this perplexing move by the President makes him look desperate and petty, just at the time when he had amassed a good deal of support for his government. It will also prompt renewed charges from the opposition that Mutharika himself has violated the constitution and could give fresh impetus to the impeachment effort. The next session of Parliament is likely to be once again preoccupied with political wrangling, instead of focusing on passing long-overdue legislation. GILMOUR