The Chronicle Newspaper (Lilongwe)
LEVISON MWASE
28 October 2005
Lilongwe — The Malawi Congress Party (MCP) President John Tembo has finally accepted an offer from the United Democratic Front (UDF) to act as state president in the event that members of parliament impeach Bingu wa Mutharika.
Last week, Tembo ordered all the 60 MCP MPs to support the actual impeachment of Mutharika when it reaches voting stage, an indication that an agreement has been reached with the UDF, which is frustrated because of Mutharika's resignation from the party in February this year amid accusations of high-level corruption among UDF top officials.
Some members of parliament who attended the caucus at Tembo's Area 10 Residence in Lilongwe said Tembo told the MPs that the party stands to benefit a lot if Mutharika is ousted from power through the impeachment this week or next week.
The MPs however said the caucus agreed not to openly support the impeachment because of its sensitivity and lack of popular support. "The position is that all MCP MPs should not openly support the impeachment but vote in its favour in the National Assembly," said our source.
According to the MP, Tembo told the caucus that he has been assured by the UDF that he, by virtue of being Leader of Opposition in Parliament; he would head the National Governing Council (NGC) as acting President for 60 days (three months) before calling for fresh elections. "Our president also told us that the UDF has also assured him that cabinet posts would be shared based on the number of MPs that a party has in the House," said another MP who attended the caucus.
Sources in the party said there is a proposal that apart from leading the NGC, the MCP would get 10 cabinet posts in the proposed 30 -member cabinet.
The UDF, according to the sources, would get 10 cabinet posts while the remaining 10 posts would be shared among other opposition parties that would support the impeachment.
MCP Vice President and Publicity Secretary Nicholas Dausi refused to comment on the issue when contacted, saying Tembo was the right person to comment on the matter.
Tembo could not be reached for comment.
However, most MCP MPs interviewed expressed fear that President Bingu wa Mutharika would refuse to assent to the NGC bill for it to become a law. "The other major setback is that the NGC can successfully be contested in Court. The Constitution under Section 83 (4) states that the Vice President would take over for the whole remaining part of the term should the office of the President become vacant," said one MCP MP.
The sources said at least 20 MCP MPs have expressed that they would vote against the impeachment, saying it has no tangible benefit to the MCP and the nation.
Information Minister Patricia Kaliati said it was unfortunate that the MCP has resolved to have Mutharika removed. "If that is true, then it is very unfortunate. Malawians gave the President the mandate to govern this country for five years and it is unfortunate that other people want to nullify that mandate because of greed," said Kaliati.
During the caucus the MCP also agreed to support procedures for impeaching a sitting Head of State or the Vice President.
The UDF has already prepared eight grounds for the removal of Mutharika.
However the Constitution under Section 11 (4) and 86 (e) gives the impeached President a chance to challenge his removal in a higher court of the country. "Any law that outs or purports to oust the jurisdiction of the courts to entertain matters pertaining to this Constitution shall be invalid," states Section 11(4).
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