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