VICE-PRESIDENT'S POSITION STILL IN LIMBO

UNCLAS LILONGWE 000258



SIPDIS



SIPDIS

SENSITIVE



STATE FOR AF/S GABRIELLE MALLORY

STATE FOR INR/AA



E.O. 12958: N/A

TAGS: PGOV, KDEM, MI

SUBJ: VICE-PRESIDENT'S POSITION STILL IN LIMBO



REF: A. LILONGWE 133



B. LILONGWE 137

C. LILONGWE 163



1. (SBU) Summary: Cassim Chilumpha's position as Vice-

President remains in question, as President Mutharika's

government has only partially complied with a temporary

court order re-instating the VP. The political saga

continued on Sunday, March 19, as government officials

barred Chilumpha from welcoming Mutharika back into the

country following a visit to Japan. Both sides are awaiting

a judicial review which will make a final determination on

Chilumpha's status.



2. (U) President Mutharika had tried to remove Chilumpha

through what is being called the VP's "constructive

resignation" (reftels) on February 9. Mutharika announced

that because he had willfully neglected to perform his job,

Chilumpha had effectively resigned, and that he, Mutharika,

had decided to accept this resignation. However, the courts

quickly tried to stop the move, and granted Chilumpha an

injunction against the "constructive resignation." (reftel

B) The VP, who is directly elected along with the

President, cannot constitutionally be dismissed from his

position except through impeachment.



3. (U) After repeatedly (and unsuccessfully) challenging the

injunction in court, government has now only partially

complied with the ruling. They have returned about half of

the VP's vehicles, security guards, and domestic staff.

Chilumpha, however, is moving forward with `contempt of

court' charges against numerous government

officials-including the President, a number of ministers,

and the acting Inspector General of police-for the month-

long defiance of the injunction.



4. (SBU) The latest slight, delivered after Chilumpha had

waited for over two hours at the airport to welcome

Mutharika back into the country, came as he was refused

entrance onto the tarmac to welcome the President back into

the country. This is traditionally the role of the VP, and

as such is one of the most public snubs Chilumpha has

received to date. What's more, it comes after Chilumpha had

been criticized in the media by government officials after

failing to see Mutharika off on his trip a week ago.



5. (SBU) While the Supreme Court has upheld the Chilumpha's

injunction against his dismissal, both sides are awaiting a

full judicial review of the move. The review should decide

whether or not the "constructive resignation" was

constitutional. There is no date set for the review. In a

recent conversation with the Ambassador, the Chief Justice

described the constitutional cases pending before the court

(of which this has the highest profile) as very

straightforward, with a decision likely within a day or two

of arguments being presented. The Chief Justice attributed

delays in other pending constitutional cases to the

Government side (specifically the Attorney General) and

lamented the fact that under the present civil procedure

rules in effect here, the pace at which cases proceed

through the court is largely driven by the parties.



6. (SBU) Comment: The feud between Mutharika and his Vice -

another fight between the President and his erstwhile

colleagues in the UDF -- will certainly figure in next

month's parliamentary sitting, as the court case is sure to

drag on well into April. Meanwhile, the government's

continued attempts to get rid of Chilumpha are beginning to

border on desperation. In a country where official protocol

is often over-done, turning away the VP at the airport was

an extremely public slap in the face. Government's return

of some of the perks if not the trappings of Chilumpha's

office shows that it recognizes it must at least give the

appearance of complying with the courts (and is a clear move

to cover itself against contempt charges). However, from

the actions of government officials (led by the politically

powerful Attorney General Ralph Kasambara, the father of the

idea of "constructive resignation") it is clear that the

government somehow still thinks it can legally prevail, and

is still intent on permanently removing Chilumpha. End

Comment.





EASTHAM