2012 Malawian constitutional crisis

Last updated

The 2012 Malawian constitutional crisis occurred from April 5, 2012 - April 7, 2012 after senior members of the Democratic Progressive Party-led cabinet failed to notify the public of the death of the sitting president, Bingu wa Mutharika on April 5. Instead, cabinet ministers held a series of meetings in Lilongwe, Malawi without vice-president Joyce Banda with the aim of undermining the constitution and Banda's succession to Presidency. [1] News confirming his death had, however, quickly spread across the country (and to the Malawian diaspora) through word of mouth, cellphone text messages, Malawian bloggers, Twitter, Facebook, and on listservs by the end of the day on April 5, 2012. [2] Therefore, the failure to announce his death resulted in speculation over the real health of the president and over whether the succession procedures would be followed as outlined in the constitution. According to the constitution, the vice-president takes over but there had been no official word on a successor or communication with the vice-president. Amidst growing speculation, the Cabinet announced that the president's brother, Peter Mutharika, the foreign minister, was the new President of the party on April 6. [1] The Cabinet only announced his death two days after his death, after which Banda became Malawi's first female President. [1]

Contents

Background

President Bingu wa Mutharika had increasingly begun to consolidate his power during his second term. He groomed his brother, Peter Mutharika, a lawyer and the Minister of Foreign Affairs as his successor. This meant that he by-passed his sitting Vice President, Joyce Banda but expected her to support this bid. Instead, wa Mutharika caused factions within his Democratic Progressive Party and fired Banda and Second Vice President Khumbo Kachali from their positions in the government and the party in 2010. According to the Constitution of Malawi, however, a vice president has to be removed through an impeachment process requiring a majority of the National Assembly. Therefore, the Malawi court declared this act unconstitutional. The court declared that he could fire Banda from his party but not from the government because the removal process for these positions were different. A party vice president can be removed in accordance with that party's internal process. However, a vice president, who is voted in with the presidential position, can only be removed through a legally sanctioned impeachment process. [1] As such, Banda was regarded as the legal vice president even though she was also not vice president of the DPP party. Mutharika knew that he would not garner the majority in parliament due to factions within the party over the succession of the presidency and therefore he proceeded to frustrate Banda in order to force her to resign as Vice President. She refused to resign and continued in her capacity as vice president of the country, although under constant duress and harassment. Her security detail was changed and several of her privileges were redirected to Mutharika's brother Peter. Banda then formed a new political party, the People's Party, in 2011.

Constitution

According to section 83, subsection 4 of Malawi's constitution, "whenever there is a vacancy in the office of President, the First Vice-President shall assume that office for the remainder of the term and shall appoint another person to serve as First Vice-President for the remainder of the term." [3]

Crisis in detail

Thursday, April 5

President Mutharika had private meetings with Member of Parliament Patricia Kaliati and later Lilongwe legislator Agnes Penemulungu. [4] He died of a heart attack during the meeting with Penemulungu and was declared dead on arrival at the local hospital. [4] [5] Senior members of the Democratic Progressive Party-led cabinet did not notify the public of the death of the President from a heart attack. However, news confirming his death spread quickly across the country (and to the Malawian diaspora) through word-of-mouth, cellphone text messages, Malawian bloggers, Twitter, Facebook, and on listeners throughout the day. [2] An online newspaper, the Malawian Democrat, first broke the news to the public. [6] An online journalist, Andrew Evans, from National Geographic used Twitter to confirm reports and broke the news to international press. News of the possibility of a cover-up began to spread throughout the country and abroad. [7] The Malawian army switched its security detail and went to the home of Vice President Joyce Banda in order to protect her in accordance with the constitution of Malawi. Extra police were deployed to the streets as a precautionary measure.

The initial emergency meetings took place at the residence of the vice president of the party, Goodall Gondwe. The ministers present included Ken Lipenga, Catherine Gotani Hara, and Peter Mutharika, but it is largely unclear who supported the events and who opposed it since this was not a unanimous decision. It is known that Mutharika accepted his nomination as the DPP president. [8] Henry Mussa noted that many other ministers were involved in the plot other than the six that appeared on television. [9] Many of the ministers have since distanced themselves from the event. [10] The Malawi Law Society called for a full investigation into the matter. [11]

Friday, April 6

Senior government officials made statements to the media that the President was not well and was being flown to South Africa but no official announcements were made. Vice President Joyce Banda thereafter informed the nation that President Mutharika was unwell and that she had contacted South Africa about the President’s condition. [5] She also informed the nation that if he became incapacitated that the Constitution would take its course. Amidst growing speculation, the cabinet announced that the president's brother, Peter Mutharika, the foreign minister, would be the new President of the DPP. [1]

Senior members of the cabinet led by Patricia Kaliati, Minister of Information, appeared on television and announced that the president was not well and that the country would be updated on his health. They further stated that Vice President Banda was ineligible to succeed Mutharika because she had formed her own political party. [12]

The Midnight Six

The Midnight Six is the term used to refer to the cabinet Ministers that were involved and who appeared on television at midnight:

There is debate on whether or not the involvement of these six will lead to legal prosecution for attempted treason. [8]

Saturday, April 7

The Malawi News printed a headline entitled, "Bingu Dead". The senior members of the government thereafter announced President Mutharika's death. [5] Vice President Joyce Banda was thus sworn in as President. [1] Catherine Gotani Hara announced in a radio interview on Radio zodiak that there had been an attempt at circumventing the constitution since April 5, when the president had actually died. She noted that Peter Mutharika, an internationally renowned constitutional lawyer, had not been following the proper constitutional process. [5]

International reaction

The US, one of Malawi's donors, expressed alarm at the official silence and said it was confident that the constitution would be upheld and came out in support of Banda. [1] The constitutional succession has a direct impact on donor funding in Malawi. Keith Somerville, a career journalist with the BBC and visiting lecturer at the University of Kent, described Malawi's international financial crisis: "Britain is Malawi's main bilateral donor and was expected to provide aid worth £90m in 2011, before the rupture in relations. The German government halved its budget support contribution in 2011 and the US government's Millennium Challenge Corporation is withholding a 350 million dollar grant to rehabilitate Malawi's failing energy network. Donor aid accounts for 40 per cent of Malawi's national budget. The US government has already put out a positive statement saying, 'By following constitutional procedures for this transition, the government and people of Malawi have reaffirmed their commitment to democratic principles ...We stand with the people of Malawi during their time of mourning, and look forward to deepening the partnership between our nations.'" [13]

Aftermath

In January 2013, a commission of inquiry published a 90-page report about the events surrounding Mutharika's death. On March 10, the police began arresting the Midnight Six and others allegedly involved. [14] This included Midnight Six members Patricia Kaliati, Henry Mussa, and Kondwani Nankhumwa. [15] It also included Peter Mutharika (President Mutharika's brother), Goodall Gondwe, the Minister of Economic Development, and the Chief Secretary, Bright Msaka. The arrests sparked protest from DPP supporters in Blantyre who smashed cars and destroyed property. The crowds were dispersed through tear gas. [16] By March 13, twelve top officials had been arrested, this included ex-ministers Henry Mussa, Symon Vuwa Kaunda, Jean Kalirani, Patricia Kaliati, Kondwani Nankhumwa, the Deputy Chief Secretary to the Government, Necton Mhura and Duncan Mwapasa. [17]

Related Research Articles

<span class="mw-page-title-main">Bingu wa Mutharika</span> President of Malawi from 2004 to 2012

Bingu wa Mutharika was a Malawian politician and economist who was President of Malawi from May 2004 until his death in April 2012. He was also President of the Democratic Progressive Party, which he founded in February 2005; it obtained a majority in Malawi's parliament in the 2009 general election.

<span class="mw-page-title-main">Brown Mpinganjira</span> Malawian politician

Brown James Mpinganjira, popularly known as BJ is a Malawian Politician who used his 1986 detention to fight the injustices of the then one party state. He worked with others in prison and used their time to devise ways on how to change the direction of Malawi's political state.

<span class="mw-page-title-main">Democratic Progressive Party (Malawi)</span> Political party in Malawi

The Democratic Progressive Party (DPP) is a political party in Malawi. The party was formed in February 2005 by Malawian President Bingu wa Mutharika after a dispute with the United Democratic Front (UDF), which was led by his predecessor, Bakili Muluzi.

<span class="mw-page-title-main">George Chaponda</span> Malawian politician

George T. Chaponda is a Malawian career diplomat and politician who served as Malawi's Minister of Agriculture, Irrigation and Water Development from 2016 to 2017. He is a founding member of the ruling Democratic Progressive Party (DPP) and is a DPP Member of Parliament from Mulanje district in southern Malawi.

<span class="mw-page-title-main">Cassim Chilumpha</span> Malawian politician

Cassim Chilumpha is a Malawian politician who was Vice-President of Malawi from June 2004 to May 2009. Later, under President Joyce Banda, he was appointed Minister of Energy and Mining in April 2012.

<span class="mw-page-title-main">Joyce Banda</span> President of Malawi from 2012 to 2014

Joyce Hilda Banda is a Malawian politician, who served as President of Malawi, from 7 April 2012 to 31 May 2014. Banda took office as President following the sudden death of President Bingu wa Mutharika. She is the founder and leader of the People's Party, created in 2011. An educator and grassroots women's rights activist, she was the Minister of Foreign Affairs from 2006 to 2009 and the Vice-President of Malawi from May 2009 to April 2012. She has served in various roles as a member of Parliament and as Minister of Gender and Child Welfare before she became the President of the Republic of Malawi.

<span class="mw-page-title-main">Callista Chimombo</span> Malawian politician

Madame Callista Chapola-Chimombo is a Malawian politician and the widow of President Bingu wa Mutharika. She served as the First Lady of the Republic of Malawi from 2010 to 2012. Chimombo is a previous member of the Cabinet of Malawi as a National Coordinator of Maternal, Infant and Child Health and HIV/Nutrition/Malaria and Tuberculosis.

<span class="mw-page-title-main">Goodall Gondwe</span> Malawian economist (1936–2023)

Goodall Edward Gondwe was a Malawian economist who served in his country's cabinet as Minister of Finance on two occasions: from 2004 to 2009, and from 2014 to 2019. He also served as Minister of Local Government from 2009 to 2010 and Minister of Natural Resources, Energy and Environment Affairs from 2011 to 2012.

<span class="mw-page-title-main">Peter Mutharika</span> President of Malawi from 2014 to 2020

Arthur Peter Mutharika is a Malawian politician and lawyer who was President of Malawi from May 2014 to June 2020. Mutharika has worked in the field of international justice, specialising in international economic law, international law and comparative constitutional law. He informally served as an adviser to his older brother, President Bingu wa Mutharika, on issues of foreign and domestic policy from the onset of his election campaign until the President's death on 5 April 2012.

Sidik Mia was a Malawian businessman, politician, and Member of Parliament who held various ministerial positions within the Cabinet of Malawi beginning in 2004, serving as Minister of Transport and Public Works since June 2020. He was the Deputy President of the Malawi Congress Party (MCP) until his death due to COVID-19 related illness on 12 January 2021 during the COVID-19 pandemic in Malawi. He stood as the vice presidential running mate to Dr. Lazarus Chakwera in the 2019 Malawian general election.

<span class="mw-page-title-main">Etta Banda</span> Malawian politician

Eta Elizabeth Banda is a former Malawian politician who was the country's Minister of Foreign Affairs from 2009 to 2011. Prior to entering politics, she worked as a health professional and university administrator.

The 2011 Malawi protests were protests aimed at winning political and economic reforms or concessions from the government of Malawi. On 20 July, Malawian organisations protested against perceived poor economic management and poor governance by President Bingu wa Mutharika and his Democratic Progressive Party. After the first two days of protests, 18 deaths, 98 serious injuries and 275 arrests had been reported. Further demonstrations were organised on 17 August and 21 September The first protest was later cancelled due to the intervention of a UN representative in initiating a dialogue; however, the talks broke down with more protests planned for Red Wednesday through a national vigil.

<span class="mw-page-title-main">Catherine Gotani Hara</span> Malawian politician

Catherine Gotani Hara is a Malawian politician who has been the Speaker of the National Assembly since June 2019, the first woman to hold the position.

Moses Kunkuyu is a Malawi politician who currently serves as the Minister of Information and Civic Education. He is also a Member of Parliament in the National Assembly of Malawi.

This is a list of past cabinets in Malawi that preceded the current cabinet of Malawi.

Henry Mussa was a Member of Parliament for Chiradzulu District Malawi. He also served as Deputy Agriculture Minister. He was also an MP for Chiradzulu East under a Democratic Progressive Party Ticket.

Kondwani Nankhumwa is a Malawian politician who served as the Minister of Local Government in the Democratic Progressive Party (DPP) government led by Prof. Peter Mutharika in Malawi. In July 2018, he was elected the vice president of the DPP for the southern region of Malawi.

Agnes Penemulungu is a Member of Parliament for Lilongwe South in Malawi. She was elected on President Mutharika's Democratic Progressive Party ticket.

Raphael "Ralph" Tenthani was a freelance journalist from Malawi. Tenthani was a BBC correspondent and a columnist for The Sunday Times. He was a respected journalist in Malawi well known for his popular column, "The Muckraking". He was well known for providing political analysis on topical issues. He had been the subject of controversy for his candid reporting on political issues. He was very critical of the crackdown on journalism during the Bingu wa Mutharika administration. He was also a columnist for Associated Press, Pan African News Agency, and the Maravi Post.

General Henry Odillo was Commander of the Malawian Defence Force. He was appointed as the commander General of Malawi defence force in July 2011 after the nationwide protests against Bingu wa Mutharika's presidency in which wa Mutharika accused the organizers of the protest of plotting a coup against him. He replaced General Marko Chiziko. Prior to this appointment he served as the military attache at the Malawi High Commission in London. General Odillo was dismissed by Malawi's new President Arthur Mutharika in June 2014. President Mutharika promoted Major-General Ignacio Maulana to the rank of General and appointed him the new Commander of the Army.

References

  1. 1 2 3 4 5 6 7 "Malawi announces president's death". Aljazeera News, Africa. April 7, 2012. Retrieved 2012-04-22.
  2. 1 2 "allAfrica.com: Malawi: Social Media Activism Takes Root (Page 1 of 4)".
  3. ↑ "Constitution of Malawi". 1998. Retrieved 1 July 2015.
  4. 1 2 "Callista recounts cagey events to Bingu's death". Nyasa Times. 28 May 2012. Retrieved 1 July 2015.
  5. 1 2 3 4 zeleza.com Archived April 17, 2012, at the Wayback Machine
  6. ↑ "Bingu wa Mutharika is dead". Malawian Democrat. Lilongwe. 5 April 2012. Archived from the original on 2013-06-27. Retrieved 1 July 2015.
  7. ↑ Evans, Andrew (6 April 2012). "At the Scene of Malawi President's Death". Digital Nomad. National Geographic Society. Archived from the original on January 29, 2013. Retrieved 1 July 2015.
  8. 1 2 "Exposed! Failed plot to swear Peter Mutharika at night". Nyasa Times. 14 April 2012. Retrieved 1 July 2015.
  9. ↑ "Henry Mussa, 'Midnight 6' coup plot member pleads for forgiveness". Malawi Today. 22 April 2012. Archived from the original on 2015-07-02. Retrieved 1 July 2015.
  10. 1 2 "Henry Mussa 'sorry' for coup plot". Nyasa Times. 22 April 2012. Retrieved 1 July 2015.
  11. ↑ "Law Society of Malawi demands prosecution of civilian 'coup plotters'". Malawi Today. 18 April 2012. Archived from the original on 2015-07-04. Retrieved 1 July 2015.
  12. ↑ "Reports in Malawi of Mutharikas Death Worry US". Archived from the original on May 18, 2020. Retrieved April 22, 2012.
  13. ↑ "Keith Somerville, profile". Politic and International Relations. University of Kent. Archived from the original on 2013-12-15. Retrieved 2012-04-21.
  14. ↑ "Malawi arrests six former officials over coup conspiracy". Archived from the original on April 10, 2013. Retrieved March 11, 2013.
  15. ↑ "Malawi ex-ministers arrested over 'coup'". News.com.au. AFP. 11 March 2013. Retrieved 1 July 2015.
  16. ↑ "Malawi arrests alleged coup plotters". Miami Herald . Retrieved March 11, 2013.[ dead link ]
  17. ↑ "DPP supporters cause chaos in Lilongwe". Malawi Today. 13 March 2013. Archived from the original on 2015-07-02. Retrieved 1 July 2015.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.