Identifier
Created
Classification
Origin
06LILONGWE654
2006-08-01 15:11:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Lilongwe
Cable title:
FORMER PRESIDENT'S CORRUPTION CASE DISCONTINUED
how-toVZCZCXRO7223 RR RUEHDU RUEHJO RUEHMR RUEHRN DE RUEHLG #0654 2131511 ZNR UUUUU ZZH R 011511Z AUG 06 FM AMEMBASSY LILONGWE TO RUEHC/SECSTATE WASHDC 3082 INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY RUEATRS/DEPT OF TREASURY WASHDC 0457 RUEAWJA/DEPT OF JUSTICE WASHDC RUEHLMC/MCC WASHDC RUEAIIA/CIA WASHDC RUEKDIA/DIA WASHDC RHMFISS/HQ USEUCOM VAIHINGEN GE
UNCLAS LILONGWE 000654
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV KDEM KCOR MI
STATE FOR AF/S KAMANA MATHUR
STATE FOR INR/AA
USAID FOR AFR/SA IAN MACNAIRN
SUBJECT: FORMER PRESIDENT'S CORRUPTION CASE DISCONTINUED
REF: A) LILONGWE 651 B) LILONGWE 643
UNCLAS LILONGWE 000654
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV KDEM KCOR MI
STATE FOR AF/S KAMANA MATHUR
STATE FOR INR/AA
USAID FOR AFR/SA IAN MACNAIRN
SUBJECT: FORMER PRESIDENT'S CORRUPTION CASE DISCONTINUED
REF: A) LILONGWE 651 B) LILONGWE 643
1. (SBU) Summary: Amid turmoil caused by the suspension of the
Anti-Corruption Bureau Director, the GOM has decided to halt
indefinitely the corruption case against former President and
United Democratic Front Chair Bakili Muluzi. The move, widely
viewed as quid pro quo for the opposition-controlled
Parliament's passage of the national budget, is a significant
setback to President Mutharika's "zero-tolerance" campaign
against corruption. End Summary.
2. (SBU) The Director of Public Prosecutions filed a motion on
July 31 to discontinue Muluzi's case, citing the lack of a
prosecutor as the reason for discontinuation (ACB Director
Gustave Kaliwo had planned to prosecute the case personally).
ACB staff advocated for the case to be adjourned for a set
period in order to find a new prosecutor, but the Director of
Public Prosecutions and the Minister of Justice decided to
discontinue the case altogether. The discontinuation does not
prevent a future ACB Director from reviving the case at some
point. Kaliwo, meanwhile, has been asked to resign.
3. (SBU) As previously reported, opposition MPs told poloff on
July 28 that Muluzi's case would be dropped in order to ensure
the passage of the budget (reftel B). In the short run this
seems to have paid off for the government, as Parliament is on
track to fully approve the budget by August 2.
4. (SBU) Muluzi is scheduled to leave later this month to take
up a fellowship at the African Presidential Archives and
Research Center at Boston University, where he will remain for
the academic year. It is unlikely that ACB would re-start the
case while he is out of the country.
Comment
--------------
5. (SBU) The Mutharika government continues its steady effort
to make working level reforms to prevent future incidents of
corruption. The discontinuance of the Muluzi case, however,
marks a significant symbolic setback for Malawi's anti-
corruption efforts. The case could still potentially be
pushed forward in the future, but this incident shows that
Mutharika is willing to use the anti-corruption campaign as a
political tool when he deems necessary--in this case trading
charges against Muluzi for passage of the budget. As one
official at the ACB cynically put it to us, "the zero
tolerance campaign is actually 'some tolerance'."
6. (SBU) This move casts doubt on the effectiveness of the ACB
and President Mutharika's commitment to the anti-corruption
campaign in general. Kaliwo enjoyed the confidence of donors
and was perceived to have performed relatively well in his
position, though the ACB has been criticized for its small
number of successful prosecutions. It will be difficult for
the GOM to replace Kaliwo with someone who can inspire equal
confidence. Now that Mutharika has demonstrated his
willingness to limit the ACB's independence, the next director
will naturally be very cautious in handling the most
politically sensitive cases. A weaker ACB will certainly be a
less effective contributor to President Mutharika's anti-
corruption campaign.
GILMOUR
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV KDEM KCOR MI
STATE FOR AF/S KAMANA MATHUR
STATE FOR INR/AA
USAID FOR AFR/SA IAN MACNAIRN
SUBJECT: FORMER PRESIDENT'S CORRUPTION CASE DISCONTINUED
REF: A) LILONGWE 651 B) LILONGWE 643
1. (SBU) Summary: Amid turmoil caused by the suspension of the
Anti-Corruption Bureau Director, the GOM has decided to halt
indefinitely the corruption case against former President and
United Democratic Front Chair Bakili Muluzi. The move, widely
viewed as quid pro quo for the opposition-controlled
Parliament's passage of the national budget, is a significant
setback to President Mutharika's "zero-tolerance" campaign
against corruption. End Summary.
2. (SBU) The Director of Public Prosecutions filed a motion on
July 31 to discontinue Muluzi's case, citing the lack of a
prosecutor as the reason for discontinuation (ACB Director
Gustave Kaliwo had planned to prosecute the case personally).
ACB staff advocated for the case to be adjourned for a set
period in order to find a new prosecutor, but the Director of
Public Prosecutions and the Minister of Justice decided to
discontinue the case altogether. The discontinuation does not
prevent a future ACB Director from reviving the case at some
point. Kaliwo, meanwhile, has been asked to resign.
3. (SBU) As previously reported, opposition MPs told poloff on
July 28 that Muluzi's case would be dropped in order to ensure
the passage of the budget (reftel B). In the short run this
seems to have paid off for the government, as Parliament is on
track to fully approve the budget by August 2.
4. (SBU) Muluzi is scheduled to leave later this month to take
up a fellowship at the African Presidential Archives and
Research Center at Boston University, where he will remain for
the academic year. It is unlikely that ACB would re-start the
case while he is out of the country.
Comment
--------------
5. (SBU) The Mutharika government continues its steady effort
to make working level reforms to prevent future incidents of
corruption. The discontinuance of the Muluzi case, however,
marks a significant symbolic setback for Malawi's anti-
corruption efforts. The case could still potentially be
pushed forward in the future, but this incident shows that
Mutharika is willing to use the anti-corruption campaign as a
political tool when he deems necessary--in this case trading
charges against Muluzi for passage of the budget. As one
official at the ACB cynically put it to us, "the zero
tolerance campaign is actually 'some tolerance'."
6. (SBU) This move casts doubt on the effectiveness of the ACB
and President Mutharika's commitment to the anti-corruption
campaign in general. Kaliwo enjoyed the confidence of donors
and was perceived to have performed relatively well in his
position, though the ACB has been criticized for its small
number of successful prosecutions. It will be difficult for
the GOM to replace Kaliwo with someone who can inspire equal
confidence. Now that Mutharika has demonstrated his
willingness to limit the ACB's independence, the next director
will naturally be very cautious in handling the most
politically sensitive cases. A weaker ACB will certainly be a
less effective contributor to President Mutharika's anti-
corruption campaign.
GILMOUR