Identifier
Created
Classification
Origin
08LILONGWE252
2008-05-02 08:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Lilongwe
Cable title:  

MALAWI: OPPOSITION BOYCOTTS PARLIAMENT

Tags:  PGOV KDEM MI 
pdf how-to read a cable
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ZNR UUUUU ZZH
R 020859Z MAY 08
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 5221
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC
UNCLAS SECTION 01 OF 02 LILONGWE 000252 

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR AF/S - E. PELLETREAU

E.O. 12958: N/A
TAGS: PGOV KDEM MI
SUBJECT: MALAWI: OPPOSITION BOYCOTTS PARLIAMENT

REF: LILONGWE 221

LILONGWE 00000252 001.2 OF 002


UNCLAS SECTION 01 OF 02 LILONGWE 000252

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR AF/S - E. PELLETREAU

E.O. 12958: N/A
TAGS: PGOV KDEM MI
SUBJECT: MALAWI: OPPOSITION BOYCOTTS PARLIAMENT

REF: LILONGWE 221

LILONGWE 00000252 001.2 OF 002



1. (SBU) SUMMARY: The opposition Malawi Congress Party (MCP)
and United Democratic Front (UDF) boycotted the opening of
Malawi's National Assembly on April 28, refusing to attend
the opening speech given by President Mutharika. The boycott
continued on day two of the session, with only 10 of the 110
opposition MPs attending. At the beginning of both sittings,
MCP Chief Whip Bester Majoni, speaking for the opposition,
cited both the Constitution and the Standing Orders of the
National Assembly when he argued the Assembly did not have a
quorum and should be adjourned. Government argued that the
doctrine of necessity, part of a 1995 court ruling that
stated a boycott in the Assembly could not be used to block
necessary business, should allow the Assembly to continue
meeting. On April 30, while opposition party leaders held a
joint press conference, the Speaker concurred with the
government's argument and said doctrine of necessity did
allow for the National Assembly to meet without a quorum in
the event of a majority boycott. End Summary.

Session Opens to Half Empty House
--------------


2. (U) On April 28, President Mutharika arrived to a
half-empty National Assembly to officially open the 40th
session of parliament. Opposition MPs from the MCP, UDF, the
Alliance for Democracy (AFORD),the Republican Party (RP),
and several independents boycotted the sitting, leaving only
six MPs on the opposition side of the house and 79 total in
attendance. Before Mutharika arrived to give his speech, MCP
Chief Whip Bester Majoni stated that the National Assembly
did not have a quorum of 92 members present and requested
that the legislature be adjourned. Speaker Louis Chimango
denied the request and allowed the President to give his
opening address.

Mutharika Calls for Putting National Interest Ahead of
Politics
-------------- --------------
--------------


3. (U) Mutharika told those assembled that "working together
in diversity" was the hallmark of a mature democracy and
called on MPs to "represent their constituents and promote
their interests." Mutharika continued to emphasize that
parliament should put the needs of the country ahead of
political squabbles, working through dialogue and not

retribution. Mutharika called the past impasse in parliament
a disgrace to the nation and defended his dismissal of
parliament last September as a direct result of the
acrimonious conduct during the impasse. Mutharika
highlighted five bills needed to approve loans for
infrastructure investment projects as examples of national
development measures that he expected parliament to pass in
the session. Mutharika affirmed he was open to dialogue with
the leaders of opposition parties if they were genuinely
willing to seek mutual solutions in the national interest.

Boycott Continued to Second Sitting and Beyond
-------------- -


4. (SBU) On April 29, opposition MPs continued their boycott
during the second sitting of the National Assembly, with only
10 opposition and 66 government MPs present out of the 183
members. Majoni again began the sitting by raising the issue
that a quorum was not present, and that according to both the
constitution and the standing orders of the National Assembly
the sitting should be adjourned. After hearing an hour of
debate on the subject, the Speaker allowed the sitting to
continue, claiming he needed time to consult legal references
on the matter. After the Speaker's decision to continue,
Majoni and his MCP and UDF supporters left the National
Assembly. On April 30, leaders of the MCP, UDF, and the
Republican Party in the National Assembly called a press
conference to explain their boycott, stating that the root
issue was still the government's insistence to not allow
implementation of Section 65. Republican Party MP Steven
Malamba was the most outspoken, claiming that the opposition
must hold the government accountable to prevent backsliding
into dictatorship.

Opposition Points to the Constitution
--------------


5. (U) Majoni cited both Section 50 of the Malawi
Constitution and Sections 26 and 27 of the Standing Orders of
the National Assembly in making his argument that the lack of
quorum required adjournment. Both provisions clearly state

LILONGWE 00000252 002.2 OF 002


that if at least half plus one of the members of the Assembly
excepting the person presiding are not present, then the
Chair shall adjourn the Assembly without question until the
next sitting day.

1995 Court Ruling Supports Government
--------------


6. (U) Government MPs nevertheless offered up several
arguments to contest the matter, however. Government's main
argument was based on the doctrine of necessity, which comes
from a 1995 court ruling that challenged a bill passed in
similar circumstances. In that case, the MCP boycotted the
session when a government bill was being pressed through the
Assembly to divest Dr. Banda and the former single party (the
MCP) of control over Press Trust. In that ruling, the Supreme
Court stated that the Constitution had purposefully allowed
for a government to have a minority in the National Assembly,
and that an opposition majority boycott to deny quorum in the
Assembly could not be used to block necessary government
business. During the second sitting, government MPs also
brought up the issue of allowances, claiming that opposition
MPs were still receiving their allowances and should either
be counted toward quorum or else give back the money. Henry
Chimunthu Banda, the leader of government in the National
Assembly, further argued that since only debate was scheduled
and not a vote, a call for a quorum was unnecessary. These
arguments proved enough to sway the Speaker to review the
issue further instead of adjourning, but Chimango also
requested government and opposition leaders seek a negotiated
solution.


7. (U) On April 30, at the start of the third sitting of the
session, Chimango announced that government's argument of the
doctrine of necessity was valid and that the National
Assembly would continue to meet despite the opposition
boycott. Ironically, Chimango was one of the named
plaintiffs in the Press Trust suit and at that time took the
opposite position.

More of the Same
--------------


8. (SBU) Comment: The opposition vowed they would allow no
legislative business before Section 65 when the President
called for Parliament (reftel),and they have so far held
true to their word. The circumstances regarding the current
boycott likely differ enough from the 1995 Press Trust case
that MCP and UDF can take the matter to court for a new legal
interpretation. It remains to be seen whether the National
Assembly will continue to sit and debate government business
now that the Speaker has ruled on quorum, or if the GOM will
use this new leverage to begin talks with the opposition.
Some observers are asking whether bills to approve
development loans that are passed during an opposition
boycott would be recognized by organizations like the World
Bank and African Development Bank. While the President's
opening speech asked for dialogue, his previous comments
indicate he is unlikely to compromise if it means allowing
implementation of Section 65. Opposition leaders remain just
as adamant about not compromising on the issue. Though some
in the media and civil society understand and support the
opposition's rule of law arguments, Mutharika is betting
again that the vast majority of the population in Malawi is
unlikely to support sacrificing or delaying development
loans, infrastructure projects, and agricultural subsidies
for Section 65. The Speaker's ruling on the "doctrine of
necessity" strengthens the GOM's hand significantly --
essentially turning a minority government into a majority for
the moment -- and may eventually force the opposition to
modify its tactics.
EASTHAM