MALAWI: PRESIDENT AND OPPOSITION (FINALLY) BEGIN

C O N F I D E N T I A L LILONGWE 000263

SIPDIS

DEPT FOR E. PELLETREAU
MCC FOR DIEDRA FAIR
USAFRICOM FOR STRATEGY PLAN AND PROGRAMS SOUTHERN BRANCH

E.O. 12958: DECL: 05/09/2018
TAGS: PGOV KDEM MI
SUBJECT: MALAWI: PRESIDENT AND OPPOSITION (FINALLY) BEGIN
NEGOTIATIONS OVER IMPASSE

REF: LILONGWE 252

Classified By: Political Officer John Letvin for Reason 1.4(d)


1. (SBU) Summary: On May 7, President Mutharika invited
leaders of the political opposition for talks to resolve the
impasse over Section 65 of the constitution. This marks the
first time the President and opposition have discussed
compromising on the issue in their three-year-old dispute.
Comment: Talks are a positive step forward by both sides and
good-faith negotiations have gone on for three days, but
given the long and bitter history of the dispute, a
negotiated compromise will be difficult to achieve.


2. (U) On May 7, President Bingu wa Mutharika invited leaders
of the political opposition for talks to resolve the
continued impasse in the National Assembly. Leaders from the
Malawi Congress Party (MCP),United Democratic Front (UDF),
and Republican Party (RP) attended the talks at the
President's home. The continued impasse is over
implementation of floor-crossing legislation contained in
Section 65 of the Malawi constitution which could force over
40 MPs to vacate their seats. Mutharika initiated the talks
after the opposition, who returned from a failed boycott of
the National Assembly on May 5 (reftel),rejected two bills
for approval of foreign financing, making it clear that
Section 65 must be addressed first. The talks, which lasted
six-and-a-half hours on day one, continued through the end of
the week. The Speaker adjourned the National Assembly until
May 12 to allow time for negotiations to produce a political
solution to the dispute.


3. (C) Atupele Muluzi, a high-ranking UDF MP and son of UDF
Chairman and former president Bakili Muluzi, told emboffs
that a potential compromise solution would be to apply
Section 65 only to MPs who changed parties after the Supreme
Court's June 15, 2007 ruling that affirmed the section. This
solution would affect significantly fewer government MPs and
would allow the government to maintain sufficient numbers to
block feared impeachment proceedings against Mutharika.
Likewise, the solution would allow opposition parties to draw
a line in the sand on the issue of floor-crossing,
discouraging further poaching of their incumbents in the
lead-up to next year's elections.


4. (SBU) Comment: The talks are a positive step forward for
opposition parties and Mutharika's government. It marks the
first time Mutharika has agreed to discuss the Section 65
issue with rival political leaders during the now
three-year-old impasse. The fact that both sides have kept
negotiation details out of the press signals all sides are
likely negotiating in good faith. The negotiations have gone
on for three days now, but given the long and bitter history
of the dispute, arriving at a compromise will be difficult.
SULLIVAN