AFRICA/MALAWI - Political and institutional crisis ever more complicated involving Constitutional Court

Thursday, 16 March 2006

Lilongwe (Fides)- “The last move in the battle between the president and vice president might appear ridiculous but it is true ” said a missionary who has worked for years in Malawi, a country suffering from months of serious political and institutional crisis (see Fides 8 November 2005).
President Bingu wa Mutharika and his deputy Cassim Chilumpha were both chosen by the then outgoing president Bakili Muluzi as the winning couple for the 2004 elections. The President then distanced himself from Muluzi with his “tolerance Zero anti-corruption campaign”, which led to the imprisonment of loyal supporters of the old regime (so far not Muluzi) and formed his own party. Contrasted only by Parliament which threatened him with impeachment, the President followed a path similar to the one taken by dictator Kamuzu Banda, a difficult path in times of democracy. For various reasons the President’s political hegemony tried to sack his deputy whom he accused of working against the government and not only of being absent from his office duties.
In this long battle the judiciary system is in danger of being reduced to the role of umpire . In fact first the Constitutional Court approved the sacking of the vice president; then it obliged the government to reintegrate him. Finally when the president refused three constitutional court judges passed a sentence restore the vice president’s powers.
The Vice President, with the permission of the High Court took the president, the minister of justice and other ministers and MPs of the governing party to court for having disobeyed the Constitutional Court .
This only week before Parliament reopens in April. Remembering that the last session of parliament was not closed it was suspended, the president took the opportunity to declare the expiry of all the procedures including the impeachment request.
The President led a good campaign to win support in parliament and claims he has 70 MPs out of 194 on his side and hopes also to be joined by many independents. All this while the country struggles with months of serious food emergency. “The only positive note is that this years harvest should be the best in recent years” the missionary concluded. (L.M.) (Agenzia Fides 16/3/2006 righe 37 parole 462)


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