VZCZCXRO4987
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHLG #0167/01 0741107
ZNR UUUUU ZZH
R 141107Z MAR 08
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 5138
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC

UNCLAS SECTION 01 OF 02 LILONGWE 000167 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR AF/S - E. PELLETREAU 
MCC FOR DIEDRA FAIR 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM MI
SUBJECT: MALAWI: PRESSURE GROWING ON PRESIDENT MUTHARIKA TO CONVENE 
PARLIAMENT 
 
 
LILONGWE 00000167  001.2 OF 002 
 
 
¶1.  Summary:  Public pressure is growing against President 
Mutharika's stand not to convene Parliament prior to the necessary 
budget session in May-June as long as the opposition insists on 
implementation of anti-floor-crossing provisions of the 
constitution. Malawi's leading civil society organization, the 
Public Affairs Committee (PAC) and the equivalent to the Bar 
Association, the Malawi Law Society (MLS), led the way by releasing 
press statements condemning the President's stand, inciting many 
other NGOs and civil society groups to quickly join the chorus 
demanding a new legislative session.  Despite the growing pressure, 
Mutharika is not likely to give in soon and may become more 
steadfast in his refusal to avoid any appearance of weakness.  At 
the same time, opposition parties will likely be emboldened by the 
public support, potentially lengthening the current impasse.   End 
Summary. 
 
PAC Leads the Charge 
-------------------- 
¶2.  On February 15, PAC, the leading civil society organization in 
Malawi, released a press statement stating its opposition to 
President Mutharika's refusal to call a new session of Parliament. 
The statement was in response to Mutharika's February 2 comments 
that as long as the opposition insisted on implementation of section 
65 of the constitution, which mandates the Speaker to declare seats 
of members of parliament who cross the floor vacant, he would not 
convene the National Assembly.  Mutharika's Democratic Progressive 
Party would be most affected by section 65, with approximately 40 
seats at stake.  PAC's statement was uncharacteristic in its blunt 
language. PAC argued two points; the Parliament must be convened 
because it is constitutionally required; and the government's fear 
of the implementation of section 65 is not enough to justify 
disregarding the constitution. PAC went further to state that the 
group fears that without a functioning Parliament, Malawi will 
plunge into dictatorship.  PAC, which is made up of religious 
leaders, was instrumental in the ending of the one-party state and 
has a long history of confronting the heads of state (not just the 
present one) on rule of law issues. 
 
Malawi Law Society Follows 
-------------------------- 
 
¶3.  The Malawi Law Society (MLS), the Malawi equivalent of the Bar 
Society, followed up the PAC press release with a February 25 letter 
addressed to the Office of the President and Cabinet (OPC) and the 
office the Speaker of the National Assembly.  (The President is 
constitutionally required to consult with the speaker to initiate a 
meeting of the National Assembly.) The letter, which was widely 
distributed, emphasized that running government without regular 
meetings of the legislature is both undemocratic and 
unconstitutional. The MLS insisted that all three branches of 
government must be fully functional and echoed PAC's call for the 
President to convene Parliament.  The MLS commented that the lack of 
constitutionally-mandated local government elections for the past 3 
years as giving greater weight to the need for parliamentary 
representation of the public.  The MLS also asked the opposition to 
consider the importance of pending legislation when weighing its 
insistence on implementation of section 65. 
 
Others Join the Call 
-------------------- 
 
¶4.  In a face to face meeting with the leadership of the Council for 
Non Governmental Organizations in Malawi (CONGOMA), the umbrella 
organization of Malawi's NGOs, CONGOMA told the President that 
Parliament had to meet in order to discuss 14 bills which are 
outstanding since his prorogation of Parliament in September 2007. 
CONGOMA agreed that the President's fear of implementation of 
Section 65 was not ample reason for not convening Parliament. 
CONGOMA also stated that the courts have already validated the 
section as legal and nothing should block its implementation. 
 
¶5.  The Chairperson of the Malawi Human Rights Commission (MHRC), a 
constitutionally-created, independent government agency and the head 
of Human Rights Consultative Committee (HRCC), the umbrella group of 
all Malawi human rights NGOs echoed the call for the President to 
convene Parliament regardless of section 65.  Both cited Malawi 
citizens' basic rights to representation in government through the 
legislature.  The World Bank's Country Manager for Malawi added 
financial incentives for action, confirming that the lack of a 
parliament session could contribute to delays in the implementation 
of power interconnection project between Malawi and Mozambique. 
 
 
President's Own Party Even Suggests Convening Parliament 
-------------------------- ----------------------------- 
 
¶6.  According to media reports even parliamentarians from 
Mutharika's own Democratic Progressive Party (DPP) and members of 
 
LILONGWE 00000167  002.2 OF 002 
 
 
cabinet back the call for Parliament to meet soon. They argue that 
the implementation of floor crossing legislation can not be put off 
forever (or at least, up to the May 19, 2009 national election). 
Additionally, most believe that even if section 65 is implemented 
and seats are declared vacant, the Malawi Election Committee's 
inability to hold timely by-elections could serve as the basis of 
court injunctions allowing MPs to stay in the National Assembly 
until May 2009 elections. There are also growing fears among 
government MPs that the President's stand might to not be supported 
by a majority of the people, strengthening opposition support as 
elections draw nearer.  In a move to try to control the damage of 
the President's statement, a DPP spokesman recently reacted to civil 
society's complaints by absurdly claiming that Mutharika never 
refused to convene Parliament despite the fact that Mutharika's 
February comments were broadcast on national radio. 
 
¶7.  Comment: Malawi's civil society, which up until the President's 
February 2 comments were supportive of Mutharika, are clearly 
alarmed at the President's tough and arguably unconstitutional 
stand.  While media reports claim many in the DPP want the President 
to call a new session of Parliament, DPP sources have told emboffs 
that party leaders have actually counseled Mutharika to wait until 
pressure relents to avoid the appearance of succumbing to the 
opposition.  Unfortunately for Mutharika, civil society continues to 
call for Parliament and pressure is likely to increase instead. 
Moreover, the opposition parties will likely be emboldened by the 
public support, potentially lengthening the current impasse. End 
Comment. 
 
 
EASTHAM