MALAWI: ELECTORAL COMMISSION REJECTS MULUZI

C O N F I D E N T I A L SECTION 01 OF 02 LILONGWE 000156 SIPDIS E.O. 12958: DECL: 03/23/2019 TAGS: PGOV KDEM MI SUBJECT: MALAWI: ELECTORAL COMMISSION REJECTS MULUZI NOMINATION LILONGWE 00000156 001.2 OF 002 Classified By: Poloff John Letvin for reasons 1.4 (b) and (d). ¶1. (C) Summary: The Malawi Electoral Commission (MEC) announced March 20 that it had rejected the nomination of former President Bakili Muluzi as the United Democratic Front (UDF) presidential candidate on the grounds that he had already served the maximum two consecutive terms allowed under the constitution. In a subsequent radio address to the nation, Muluzi urged his supporters to remain calm and said he would challenge the MEC decision at the High Court immediately. Malawians responded calmly to the announcement and there were no reports of serious unrest. Civil society leaders and the media responded with calls for Muluzi to respect the MEC's decision and withdraw from the race. However, Muluzi's lawyers said they will seek an injunction to stop electoral preparations until the courts resolve the legal challenge. The courts now have approximately three weeks to resolve the legal challenges before potentially jeopardizing the May 19 date. If Muluzi is ultimately found ineligible, the UDF will have to decide whether to support Malawi Congress Party (MCP) candidate John Tembo or seek special permission to nominate a new candidate. Comment: Post expects the Court will ultimately support the MEC's ruling. End Summary. -------------- Muluzi Defiant as Action Shifts to Courts -------------- ¶2. (U) Late on Friday March 20, the Malawi Electoral Commission announced that it had rejected the nomination of former President Bakili Muluzi as the UDF presidential candidate. While the initial announcement gave no justification for the decision, a letter from the MEC chair Justice Anastasia Msosa to Muluzi laid out the MEC's rationale. In the letter the MEC said it took into account the intent of the framers of Malawi's 1993 constitution and the wishes of the people of Malawi to end the institution of a "lifetime president," the construct employed by former dictator Hasting "Kamuzu" Banda. The MEC also cited Muluzi's failed attempts to amend the constitution to allow for a third term, and later an open term for the President, as proof of the peoples' desires. ¶3. (U) Muluzi responded to the MEC announcement through a radio address to the nation at 11 PM on March 20. In his speech, Muluzi asked for his supporters to stay calm. He said his lawyers would challenge the MEC decision at the High Court immediately. On March 21, Muluzi followed up his speech with a previously scheduled rally in Mangochi. At the rally, Muluzi launched the UDF party manifesto and assured his supporters that he would not abandon them. He said the MEC decision was purely political and that he would continue to challenge its legal basis. On March 23, Muluzi's lawyers submitted paperwork challenging the MEC decision at the High Court, but have not yet received a court date. Previously, Supreme Court Chief Justice Lovemore Munlo provided guidelines for the courts to handle all election challenges within 14 days. However, Muluzi's lawyers said they will seek an injunction to stop electoral preparations until the courts resolve the challenge, potentially delaying the May 19 election if a quick judicial response is not forthcoming. -------------- UDF Supporters Calm, Considering Plan B -------------- ¶4. (U) Muluzi supporters generally responded calmly to the MEC announcement. There were no reports of civil unrest. Civil society leaders including the influential Public Affairs Committee, publicly called on Muluzi to accept the MEC's decision and withdraw from the presidential race. Civil society leaders also asked the MEC to allow the UDF to replace Muluzi as its candidate if the courts upheld the MEC ruling. Chief Elections Officer David Bandawe conceded that the MEC would likely allow a replacement candidate, but UDF spokesperson Humphrey Mvula dismissed the idea until the legal challenge is complete. John Tembo, the MCP presidential candidate, blasted the MEC for the timing of its decision, saying the MEC should have told Muluzi of his status much earlier. ¶5. (C) Comment: While many expected some unrest if the MEC rejected Muluzi's nomination, Muluzi's quick call for calm and the continued peaceful reaction during weekend rallies was a promising sign. The battle now heads to the courts, who have approximately three weeks to come reach a final resolution. Any delays beyond this will jeopardize the May LILONGWE 00000156 002.2 OF 002 19 election date. Most Malawians who participated in drafting the constitution share the MEC's interpretation of the framer's intent, but actual language describing "a maximum of two consecutive terms" lends itself to misinterpretation. Post expects the court will ultimately side with the MEC. If Muluzi is ultimately ruled ineligible to stand, the UDF will have to decide whether to nominate another candidate, or throw Muluzi and the party's support behind MCP candidate John Tembo. Tembo selected former UDF leader Brown Mpinganjira as his running mate, probably with this second scenario in mind. With Muluzi's full backing, Tembo would become an even more formidable challenger to President Mutharika. End Comment. BODDE