PRESIDENT DEMANDS TOP PROSECUTOR'S RESIGNATION

UNCLAS SECTION 01 OF 02 LILONGWE 000715

SIPDIS

SENSITIVE
SIPDIS

STATE FOR AF/S KAMANA MATHUR
STATE FOR INR/AA
USAID FOR AFR/SA IAN MACNAIRN

E.O. 12958: N/A
TAGS: PGOV KDEM KCOR MI
SUBJECT: PRESIDENT DEMANDS TOP PROSECUTOR'S RESIGNATION

REF: LILONGWE 708

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1.(U) Summary: President Mutharika has requested the
resignation of the Director of Public Prosecution, Ishmael
Wadi, following Wadi's discontinuance of the corruption case
against former president Bakili Muluzi. Members of the legal
profession and civil society have sharply criticized Mutharika
for compromising the independence of prosecutors and failing
to observe constitutional procedure in the dismissal. The
sacking raises concerns about the independence of the
judiciary, and will undoubtedly hinder Malawi's anti-
corruption efforts in the near term. End Summary.

Another One Bites the Dust
--------------


2. (U) For the second time in two weeks, President Mutharika
has fired a senior prosecutor over the handling of the
corruption case against former president Bakili Muluzi. In a
speech in Blantyre on August 10, Mutharika asked for the
resignation of the Director of Public Prosecution (DPP),
Ishmael Wadi, in response to Wadi's actions to discontinue the
Muluzi case. Wadi filed a motion for discontinuance on July
31, based on the fact that both the Director and Deputy
positions at the Anti-Corruption Bureau were vacant, and by
law the case could not continue because no prosecutor was
present.


3. (U) An angry Mutharika declared that Wadi's action had
"destroyed my credibility as a president against corruption,"
and demanded that Wadi tender his resignation within 24 hours.
Mutharika was annoyed that Wadi had discontinued the case
without consulting him, and had made statements to the media
that Muluzi no longer had a case to answer. For that reason,
Mutharika said, "I'm also using the same press and the public,
asking him to resign."


4. (U) Wadi was at that moment traveling in South Africa and
reportedly had no idea that he was about to be fired. He has
since returned to the country, but has not submitted his
resignation.


5. (SBU) Two weeks ago, Mutharika suspended Anti-Corruption
Bureau Director Gustave Kaliwo for arresting Muluzi without
the president's consent, during delicate negotiations with the
opposition over the passage of the national budget. Kaliwo
submitted his resignation on August 11, and the GOM has
announced a replacement, pending approval by a parliamentary
committee.

Sharp Criticism
--------------


6. (U) The Malawi Human Rights Commission and the Malawi Law
Society issued strong statements criticizing Mutharika's
actions. The Law Society said that the president violated
both the Corrupt Practices Act and the Constitution by not
providing sufficient justification for the dismissals.
Ordinary Malawians have criticized the manner in which Wadi
was fired in public, with no prior warning.

Comment
--------------


7. (SBU) Mutharika is struggling to maintain his anti-
corruption credentials, but the immediate effect of these
firings will be to weaken the institutions that are his chief
corruption-fighting weapons. The personnel changes will
certainly cause a loss of momentum in the ACB and the DPP.
Given the dearth of legal professionals in Malawi, there are
few capable candidates available to fill these vacancies.
Even if competent replacements are found, they will likely be
very cautious in their handling of sensitive corruption cases,
in light of what happened to their predecessors.


8. (SBU) Of greater concern is Mutharika's authoritarian
tendencies and his lack of appreciation for the basic
constitutional principles of separation of powers and the
independence of the judiciary. In his speech, Mutharika asked
rhetorically "How can you [Wadi] be independent from the
person who has appointed you?" He further stated, "He did not

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appoint himself. He is appointed under the Constitution by
me. And I'm also the Minister responsible for Civil Service...
There is a breach of faith and breach of trust, but also,
breach of allegiance to me." The president suggested
ominously that Wadi had been "Perhaps obeying other forces,"
an apparent reference to Wadi's ties to former president
Muluzi.


9. (SBU) From these statements and others it is clear that
Mutharika views the DPP and the ACB Director, both judicial
officers, as being directly answerable to him because he has
appointed them, in the same way that officers of the executive
branch serve at the pleasure of the president. What Mutharika
evidently doesn't see is how damaging his actions are to the
rule of law and the fight against corruption in Malawi.
EASTHAM