VZCZCXRO0056
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHLG #1095/01 3541412
ZNR UUUUU ZZH
R 201412Z DEC 06
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 3629
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHLMC/MCC WASHDC
RUEAIIA/CIA WASHDC
RUEKDIA/DIA WASHDC

UNCLAS SECTION 01 OF 02 LILONGWE 001095 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
STATE FOR AF/S MATHUR, INR/AA BYRNES 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM MI
SUBJECT: VICE-PRESIDENT'S TREASON CASE: NO END IN SIGHT 
 
 
LILONGWE 00001095  001.2 OF 002 
 
 
¶1. (SBU) Summary: Eight months after his arrest for allegedly 
conspiring to assassinate President Mutharika, Vice President Cassim 
Chilumpha still awaits the start of his trial.  The GOM has only 
allowed the defense limited access to evidence, and the very long 
delays in the case have provoked little public concern.  The 
government's handling of the case looks increasingly political, and 
calls into question the president's commitment to due process and 
the role of the vice president in Malawi's democracy.  End summary. 
 
Justice at a Snail's Pace 
------------------------- 
 
¶2. (U) From the outset of this case in May 2006, the GOM has 
repeatedly delayed presenting the evidence against Chilumpha, 
leading to widespread speculation that the case is weak and the 
charges politically motivated.  The government has ignored 
persistent calls from opposition, civil society and donors to 
present its case and proceed to trial. 
 
¶3. (U) The case was also delayed by Chilumpha's claim of immunity 
from prosecution under constitutional provisions that provide 
immunity to the president but do not expressly protect the VP. 
Following his November 2005 arrest on corruption charges, Chilumpha 
filed a motion claiming immunity, and the courts took nearly a year 
to make a decision, ultimately denying the motion. 
 
¶4. (U) Earlier this month, the GOM finally presented Chilumpha and 
his lawyers with the much-ballyhooed evidence of the alleged 
assassination plot.  In a December 2 appearance for questioning, 
Chilumpha was played audio tapes supposed to be conversations 
between one of his co-defendants and a white South African whom 
Chilumpha is alleged to have hired (or to have acquiesced in a plot) 
to assassinate Mutharika.  He was also shown written statements 
accusing him of involvement in the plot.  Chilumpha's lawyers, who 
were only allowed examine the evidence at regional police 
headquarters and were not allowed to have copies, are claiming that 
the tapes have been manufactured and are inadmissible in court. 
 
The Forgotten Man 
----------------- 
 
¶5. (SBU) Although the conditions of his detention have gradually 
eased since his arrest last May, Chilumpha is restricted in his 
movements and is closely monitored.  Until last month he was under 
house arrest, confined to his Blantyre residence.  In November a 
court ruled that he could move freely about the country but must ask 
the government's permission to leave Malawi.  Chilumpha recently 
attempted to test the limits of his freedom, applying to the High 
Court for permission to travel to the UK for medical treatment. 
Government filed a motion to block the travel. 
 
¶6. (SBU) Despite the gravity of the issue, most Malawians do not 
seem to consider the long-term detention of their vice president to 
be a major issue.  Press coverage of the case is sporadic, and often 
several weeks pass with no mention of Chilumpha in the media. 
Chilumpha, a Muslim, has never been a popular politician in the 
mainstream, and his plight has earned little sympathy from the 
public.  When Mutharika attempted to remove Chilumpha from office in 
early 2006 by claiming that the VP had neglected his duties, most 
Malawians supported the president, even though the move was 
blatantly contrary to the constitutional provisions for impeachment. 
 It was widely believed that Chilumpha had done a poor job, did not 
merit such a high office, and should be fired, notwithstanding the 
constitutional requirement for impeachment by Parliament. 
 
¶7. (SBU) Even Chiumpha's own United Democratic Front (UDF) party 
colleagues have largely abandoned him, with most remaining silent on 
the subject of his arrest.  UDF Party Chairman and former President 
Bakili Muluzi last month called for Chilumpha's release, the first 
time the former President had spoken out on the issue since the 
arrest eight months ago.  The motivations of the UDF leaders are 
seen as entirely selfish, since Muluzi and others are already lining 
up support for the party's presidential nomination in 2009.  Most 
seem content to see Chilumpha, a potential competitor, remain under 
restrictions and out of the presidential race.  This is all the more 
striking considering that Chilumpha is the highest-ranking UDF 
member currently holding public office. 
 
Big Gap at the Top 
------------------ 
 
¶8. (SBU) As the Chilumpha treason case drags on past the halfway 
mark of Mutharika's first term, Malawi remains without a vice 
president.  Long before the treason arrest, Chilumpha had ceased to 
function effectively as VP, because Mutharika did not trust him and 
strictly limited his authority.  The rift between the two became 
public within the first nine months of the administration, when 
 
LILONGWE 00001095  002.2 OF 002 
 
 
Mutharika quit the UDF in early 2005 and formed his new party. 
Chilumpha was the most prominent member of the cabinet to remain in 
the UDF, and he gave no hint of severing his ties with Muluzi.  Some 
months later, in August 2005, Mutharika stripped Chilumpha of his 
ministerial portfolios and deliberately sidelined the VP.  In 
November 2005 he was arrested on charges of corruption stemming from 
his role as minister in the previous Muluzi government, but the case 
was suspended pending a ruling on his immunity.  Chilumpha stopped 
attending cabinet meetings and dropped out of public view, which led 
to Mutharika's accusation of dereliction in early 2006 and the 
attempted removal of Chilumpha through "constructive resignation." 
When the removal was declared unconstitutional, the GOM moved to 
humiliate Chilumpha publicly by drastically reducing the budget of 
the VP's office and stripping him of his household staff, vehicles, 
and security detail.  With some difficulty, Chilumpha's attorneys 
obtained court orders to restore the staff and security.  Finally, 
in May 2006, Chilumpha was arrested for conspiracy to assassinate 
the president. 
 
Comment: No Way to Run a Democracy 
---------------------------------- 
 
¶9. (SBU) As time passes, the GOM's delay in prosecuting the treason 
case makes it appear ever more likely that the case is just the 
latest (and most successful) attempt by Mutharika to render one of 
his nemeses inoperative.  The government's hand is weak, and 
prosecutors are understandably reluctant to bring the case to trial. 
 At the current pace, the case is likely to drag on for many more 
months, and as long as it continues, the vice president remains 
effectively sidelined.  The delay suits different players for 
different reasons, but the end result is that Chilumpha is not 
getting his day in court and basic due process is not being 
observed.  Ultimately, the interminable delay transforms Chilumpha's 
case from a legal/political issue to a matter of human rights. 
 
¶10. (SBU) The absence of a functioning vice president creates a 
serious leadership gap and significant questions about presidential 
succession.  It also calls into question Mutharika's attitude toward 
the role and office of the vice president, a disdain also evident in 
his attitude toward elected district councils, some aspects of 
Parliament's constitutional role, and several other institutions and 
business entities that do not follow his personal instructions.  He 
clearly does not feel the need to have a VP, a further manifestation 
of the increasingly evident autocratic style Mutharika has displayed 
during his presidency.  Perhaps the most remarkable aspect of 
Chilumpha's predicament is that almost no one in Malawi seems to 
care.  In the personality-based politics of this country, 
Chilumpha's unpopularity and poor stature override any concerns 
about constitutional order.  The case is yet another symptom of the 
chronic ailments of Malawi's weak, conflict-prone democracy. 
 
EASTHAM