MALAWI: Judiciary and Muluzi clash over third term

U N I T E D N A T I O N S
Office for the Coordination of Humanitarian Affairs (OCHA)
Integrated Regional Information Network (IRIN)

MALAWI: Judiciary and Muluzi clash over third term

JOHANNESBURG, 4 June (IRIN) - Malawi's High Court on Monday ruled that President Muluzi Bakili cannot ban demonstrations over a controversial campaign urging him to stand for a third term in office.

The court ruling came after influential religious groups, including the Roman Catholic church and the law society of Malawi, applied for an injunction against Muluzi's threat to stop demonstrations over the third term issue.

Judge Dunstain Mwaungulu ruled that Muluzi's ban violated the constitutional rights of freedom of expression and assembly.

"If there was indeed the likelihood of violence between groups holding different opinions on the third term issue, as feared by the president, lawful demonstrations should be carried out peacefully and lawfully with adequate security from police," Mwaungulu said.

The Malawian government, in a defiant move against the court ruling on Tuesday, said it would make sure that no demonstrations took place.

Last week Muluzi said he would evoke emergency powers to stop all public protests related to the third term debate.

The news agency AFP quoted Muluzi as saying that the High Court ruling was "silly, irresponsible and highly insensitive".

Muluzi has faced growing criticism over his perceived bid to stand for a third term. Although he has not publicly demanded a change in the constitution to enable him to to do so, many of his ruling party members have been pushing for him to stand again.

Members of Parliament started a debate on the third term issue on Friday, but are not expected to put it to a vote until July. A two-third majority is required for the bill to be passed in parliament, where the ruling United Democratic Front (UDF) holds about 40 percent of seats, although there are factions among opposition parties working with the UDF.

The current constitution restricts presidents to serving two five-year terms, and Muluzi's second term is due to end in 2004.

The Malawi constitution was adopted in 1994 when the country embraced multiparty politics, but since then has undergone numerous amendments. Most of them are regarded as favouring the UDF.

Law lecturer at the University of Malawi, Dr Fidelis Kanyongolo, said: "In my view, the Malawi constitution is the most frequently amended constitutions in the region. Over the years the constitution has lost some of the features that made it one of the most liberal on the continent."

Kanyongolo described the government's announcement as "contempt of court and erosion of the rule of law".

As the standoff between the judiary and the government intensified, news reports on Monday said about 50 opposition supporters had gone into hiding following clashes with UDF militants.

Police officials, speaking on condition of anonymity to AFP, acknowledged the clashes and said an investigation was under way. Presidential Affairs Minister Dumbo Lemani has distanced the ruling party from the violence.

[ENDS]

IRIN-SA
Tel: +27 11 880-4633
Fax: +27 11 447-5472
Email: [email protected]

[This Item is Delivered to the "Africa-English" Service of the UN's IRIN
humanitarian information unit, but may not necessarily reflect the views
of the United Nations. For further information, free subscriptions, or
to change your keywords, contact e-mail: [email protected] or Web:
http://www.irinnews.org . If you re-print, copy, archive or re-post
this item, please retain this credit and disclaimer. Reposting by commercial
sites requires written IRIN permission.]

Copyright (c) UN Office for the Coordination of Humanitarian Affairs 2002