Identifier
Created
Classification
Origin
06LILONGWE643
2006-07-28 11:36:00
CONFIDENTIAL
Embassy Lilongwe
Cable title:  

FORMER PREZ ARRESTED AND RELEASED, AS

Tags:  PGOV KDEM KCOR MI 
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RR RUEHMR RUEHRN
DE RUEHLG #0643/01 2091136
ZNY CCCCC ZZH
R 281136Z JUL 06
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 3065
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHFR/AMEMBASSY PARIS 0120
RUEHLO/AMEMBASSY LONDON 0223
RUEAIIA/CIA WASHDC
RUEKDIA/DIA WASHDC
RUEHLMC/MCC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 LILONGWE 000643 

SIPDIS

SIPDIS

STATE FOR AF/S KAMANA MATHUR
STATE FOR INR/AA

E.O. 12958: DECL: 07/28/2011
TAGS: PGOV KDEM KCOR MI
SUBJECT: FORMER PREZ ARRESTED AND RELEASED, AS
ANTI-CORRUPTION CHIEF IS SUSPENDED

REF: A. LILONGWE 620

B. LILONGWE 590

LILONGWE 00000643 001.2 OF 002


Classified By: Political Officer Tyler Sparks for reasons 1.4 b and d.

C O N F I D E N T I A L SECTION 01 OF 02 LILONGWE 000643

SIPDIS

SIPDIS

STATE FOR AF/S KAMANA MATHUR
STATE FOR INR/AA

E.O. 12958: DECL: 07/28/2011
TAGS: PGOV KDEM KCOR MI
SUBJECT: FORMER PREZ ARRESTED AND RELEASED, AS
ANTI-CORRUPTION CHIEF IS SUSPENDED

REF: A. LILONGWE 620

B. LILONGWE 590

LILONGWE 00000643 001.2 OF 002


Classified By: Political Officer Tyler Sparks for reasons 1.4 b and d.


1. (C) Summary: Former President Bakili Muluzi was arrested,
then quickly released in Blantyre on July 27, on forty-two
counts of corruption. Only eight hours later it was
announced on the government-run television station that
Anti-Corruption Bureau (ACB) Director Gustave Kaliwo, who had
placed the charges in front of Muluzi, had been indefinitely
suspended for disciplinary reasons. Muluzi's arrest, which
government leaders were initially not aware of and publicly
denied, came as Parliament was locked in the middle of
deliberations on the national budget. After his arrest
Muluzi, who was not detained and has kept his passport, was
immediately released and told to report to the High Court,
where his case will be heard on August 1. Kaliwo was
apparently suspended for disregarding a presidential
directive to hold off on the arrest until after the national
budget had been passed in Parliament. End Summary

THE MULUZI CASE
--------------


2. (C) Muluzi is facing charges connected to money that he
received in his personal account, while still in office, from
the governments of Libya, Morocco, Rwanda and Taiwan. In
addition he is facing graft charges connected with the
alleged theft of $50,000 of GOM funds meant for the Malawian
Embassy in Tanzania. As previously reported, Kaliwo had
previously show Poloff copies of canceled checks from various
governments to Muluzi's personal account. The case is
scheduled to move forward on August 1, until which time
Muluzi remains on bail according to ACB officials, though no
bail hearing or arraignment has taken place.


3. (C) In the midst of debate on the national budget on July
27, the Minister of Finance and Minister of Home Affairs both
disavowed any knowledge of Muluzi's arrest. Despite this the
budget debate broke down and the Minister of Finance, who was
visibly perturbed, was forced to call a halt to the session.

Later that evening it was announced that Muluzi had indeed
been arrested, and that the President had suspended ACB
Director Kaliwo.

TIMING IS EVERYTHING
--------------


4. (C) Kaliwo told Embassy officials that he, "was just doing
what he had been hired to do," when he moved forward with
Muluzi's arrest. He says that he had informed President
Mutharika about his plans to make the arrest the previous
week, after which Mutharika gave him the go-ahead to move
forward. The President later changed his mind, and this week
told Kaliwo not to move forward until after the budget
session. According to Kaliwo, by then he had finished his
investigation, felt that he had general approval to make the
arrest, and saw no link between the political issues in
Parliament and his Bureau's actions. He thus went ahead with
Muluzi's arrest, after which he received a harsh phone call
from President Mutharika ordering him to cease all activities
and report back to Lilongwe. Kaliwo has returned to Lilongwe
but has yet to meet with Mutharika, and says no one has
officially communicated with him on his announced suspension.

A BACKROOM DEAL FOR THE BUDGET?
--------------


5. (C) Despite expected fireworks when Parliament reconvened
on the morning of July 28, the House proceeded
constructively, and once again took up the task of passing
the budget. Neither Muluzi's arrest nor Kaliwo's suspension
were mentioned by the opposition, and the House quickly
passed the first order of business, which coincidentally was
the budget of the Anti-Corruption Bureau itself. Former
president Muluzi's son, Atupele Muluzi, told Poloff that the
government had agreed to drop the charges against Muluzi in
order to pass the budget, a claim repeated by the opposition
leadership to an impromptu caucus of their members directly
before the meeting started. They also said that the
government side had also agreed to a contentious
wage-increase that MPs had all previously been pushing for

LILONGWE 00000643 002.2 OF 002


(reftel A). While one government minister Poloff spoke with
cast doubt on government dropping the charges against Muluzi,
he did confirm that they had agreed to give the MPs a 40,000
kwatcha ($285) a month wage increase in order to move forward
with the budget (Comment: The irony of government buying off
MPs with a wage increase in order to get them to pass the
Anti-Corruption Bureau budget seems lost both Ministers and
MPs).

COMMENT
--------------


6. (C) From all the evidence Embassy officials have seen,
Muluzi certainly has a case to answer. The ACB has been
working on his case for over a year, with significant
assistance particularly from the British Government. The
opposition claim that the GOM is prepared to drop charges
against Muluzi in order to pass the budget seems highly
unlikely, given that the anti-corruption effort has been the
centerpiece of the Mutharika administration's policy for the
past two years. Kaliwo has done a commendable job as ACB
Director, and President Mutharika will have to decide whether
Kaliwo's error in timing is worth the sacrifice of a
competent public servant who has ably led Malawi's fight
against corruption.


GILMOUR