VZCZCXRO7609
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHLG #0221 1060546
ZNR UUUUU ZZH
R 150546Z APR 08
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 5191
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC

UNCLAS LILONGWE 000221 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR AF/S - E. PELLETREAU 
MCC FOR DIEDRA FAIR 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM MI
SUBJECT: MALAWI - SPEAKER CONVOKES PARLIAMENT, OPPOSITION VOWS IT 
WON'T BE FOOLED AGAIN 
 
 
¶1. (SBU) Summary:  The Speaker of the National Assembly announced 
April 5 that the next session of parliament will begin on April 28, 
almost eight months after President Mutharika dismissed the last 
session.  Opposition leaders from both the United Democratic Front 
(UDF) and the Malawi Congress Party (MCP) continued to insist that 
Section 65, which requires MPs who change parties to vacate their 
seats and compete in by-elections, must be implemented before any 
other business in the National Assembly.  Government continues to 
counter that the Section 65 issue remains tied up in court and that 
the Speaker is powerless to implement the measure.  After President 
Mutharika reneged last year on an agreement to allow implementation 
of Section 65 in return for opposition cooperation on passing the 
national budget, another lengthy and bitter impasse is likely in 
store for the legislature.  End Summary. 
 
Speaker Sets a Date for Parliament 
---------------------------------- 
 
¶2. (U) On April 5, the Speaker of the National Assembly, Louis 
Chimango, announced the next session of the National Assembly will 
begin on April 28.  The Speaker also announced that the 2008/9 
national budget session would begin on May 19, leaving only three 
weeks for the National Assembly to conclude business on outstanding 
legislation and appointments for vacant positions. 
 
¶3. (U) President Mutharika dismissed the last session of the 
National Assembly on September 14, 2007 after the legislature passed 
the national budget.  Opposition parties believed at that time they 
had reached an agreement with the government that would have allowed 
the Speaker to implement Section 65 of the Malawi Constitution after 
the budget was passed.  Section 65 requires the Speaker to declare 
vacant the seats of MPs who cross the floor and join a new party 
after they have been elected.  According to the provision, the 
floor-crossers must seek re-election under their new party through a 
by-election to return to their seat.  Section 65 could affect over 
40 of President Mutharika's Democratic Progressive Party (DPP) MPs. 
Instead of following through on the alleged agreement, however, the 
president dismissed the National Assembly, leading to charges of bad 
faith and a further impasse. 
 
Government Claims Section 65 Still in Court 
------------------------------------------- 
 
¶4. (U) The government claimed that the matter of Section 65 is still 
in the courts and that numerous pending court cases barring the 
Speaker have yet to be fully removed.  The Malawi Law Society 
supported this view in a March press release where they analyzed the 
current status of all injunctions and cases pending in court.  The 
government said they expect the National Assembly to conduct normal 
business until May 16 and that President Mutharika will begin the 
budget session on May 19. 
 
Opposition Won't Be Fooled Again 
-------------------------------- 
 
¶5. (U) Opposition leaders from both the MCP and UDF countered that 
the parties still expect Section 65 to be implemented before 
conducting any other business in the National Assembly.  Leader of 
the Opposition and head of MCP John Tembo said "we cannot have 
parliament without Section 65."  Leader of the UDF in the National 
Assembly George Mtafu stated that without Section 65, "the session 
will drag" as opposition is forced to wait out government on the 
issue. 
 
More of the Same 
---------------- 
 
¶6. (SBU) Section 65 has dominated the budget sessions of the 
National Assembly for the past two years and will likely do so again 
this year.  By calling a session of the National Assembly before the 
May 19 budget session, the government is satisfying a constitutional 
requirement to have two sessions per year, but if Mutharika 
continues his steadfast refusal to allow implementation of Section 
65, little substantive work will be completed.  With campaigning for 
next year's elections already underway, opposition parties appear 
set to stand firm on Section 65, leading to another bitter and 
lengthy impasse. 
 
EASTHAM