Malawi: Centre for Human Rights and Rehabilitation deplores dismissal of VP

Centre for Human Rights and Rehabilitation

PRESS STATEMENT

ON THE DISMISSAL OF DR. CASSIM CHILUMPHA FROM THE POSITION OF VICE PRESIDENT OF THE REPUBLIC OF MALAWI

The Centre for Human Rights and Rehabilitation (CHRR) wishes to express its alarm and extreme concern over the action taken by President Bingu wa Mutharika in dismissing Dr. Cassim Chilumpha from the position of Vice President of the Republic. We consider the action to be not only unfortunate but also ill-timed and ill-advised.

CHRR considers the action by government to be ill-timed because, after many months of acrimonious exchanges between the two senior-most members of government, they had appeared to have finally begun to heed the widespread appeals for the President and his deputy to try sorting out their differences through amicable means. Indeed during the past few days, it seemed as though reconciliation between the two might yet be possible as suggested by the unexpected presence of the Vice President at the activities last Sunday marking Anti Corruption Day, followed, on Monday by President Mutharika’s visit to inspect the official Vice Presidential residence being finalized at Area 12. The two developments seemed to portend a new chapter in relations between the President and the Vice President. Thus, the announcement of yesterday, February 9 of the Vice President’s removal from office will have been received by many with shock and disappointment, not to mention disbelief. In our view, this is a very unfortunate and regrettable development.

The government has informed the nation that Dr. Chilumpha’s removal was agreed upon by Cabinet in view of various unacceptable actions and other behaviour that he has displayed almost since he and the President were sworn into office. Among others, the Vice President was said to have been of absconding from cabinet meetings and public government functions and also of undermining the government and attacking the President personally. Dr. Chilumpha e4ccentric behaviour is a matter of general public knowledge and a source of great concern. Many Malawian citizens and organizations, including CHRR, have publicly questioned and criticized the Vice President’s. People have been puzzled by his failure to defend and uphold the Constitution by “well and truly” serving the citizens of Malawi by carrying out the responsibilities of his office as Vice President.

In the view of CHRR, as must obviously be the case with most other Malawians and observers of Malawian affairs, Dr. Chilumpha’s public utterances and actions, particularly in the past few months, have been most questionable and, in most cases, reprehensible. In view of the oath that he took on 24th May 2004, it is our view that Dr. Chilumpha has indeed been derelict of his proper duties and responsibilities as Vice President and as member of the Cabinet. His behaviour not only caused problems in the smooth running of government business, as the explanatory statement released by the government yesterday informed the nation; by these acts he also violated his oath to “serve the citizens”. Having been elected by the people as Vice President, therefore, he has seriously betrayed the trust of the Malawian nation. The Vice President has unquestionably been wrong on every count. Nevertheless, the decision taken by Cabinet will serve only to widen the gap created by the antipathy that has existed between the two men with opposite personalities, who were brought together, not of their own free choice but through imposition, one as President of a party that did not want and the other as a running mate who has never had any love or respect for his principal. Unfortunately, as has already been witnessed, all of this has had negative implications for the stability of government and peace and unity in the country.

CHRR further considers the action taken by the President, albeit with Cabinet approval, to be completely ill-advised and surprising. We say surprising, because we would like to believe that both the Attorney General and the Minister of Constitutional Affairs, if they were at the meeting where the decision was taken, must, should surely have advised their colleagues and the President of the fact that the President has no powers or legal authority under the country’s Constitution to dismiss the Vice President. Only through impeachment may the Vice President, like the President himself, be removed from office, as spelt out in Section 86 of the Malawi Constitution. The two officials were elected jointly by the Malawi citizens and, therefore, may only be removed from office by the citizens, either directly through a plebiscite or referendum, or by Parliament, as the representatives of the citizens. If, indeed, the Attorney General and the Minister of Justice and Constitutional Affairs attended the Cabinet meeting at which this regrettable decision was taken then, in the view of CHRR, they, too, have to be regarded as being derelict of duty and guilty of gross irresponsibility by ill-advising, or letting other Ministers to wrongly advise, the President. For, two wrongs do not make a right.

We at CHRR have consistently called upon the President not only to exercise tolerance and use dialogue to settle differences with others; we have also repeatedly called upon the government, especially on the President, to respect and abide by the laws of the Republic in exercising the duties and responsibilities pertaining to their respective positions. The present situation has, without doubt, been born out of pride and intolerance as well arrogance as well as non-compliance with the laws of the country on the part of both parties concerned. Such traits are undesirable in persons in leadership positions.

In closing, CHRR wishes to express regret that these developments will revive the tension and instability which had seemed to be ebbing since the beginning of the year. We also regret that the results of this episode could cost the Malawian tax payer dearly in likely suites that may arise from this unfortunate episode. Accordingly, in order to avert such an outcome, the Centre for Human Rights and Rehabilitation calls upon the government and President Mutharika to reconsider its decision, rescind it and make another attempt to find alternative ways of resolving their differences with the Vice President.

Undule Mwakasungura,
Acting Executive Director 10th February 2006