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Thursday, October 27, 2005

Malawi court delays presidential impeachment proceedings
Holly Manges Jones at 10:36 AM ET

[JURIST] The Constitutional Court in Malawi [government website; BBC country profile] Wednesday issued a temporary injunction delaying impeachment proceedings by parliament against Malawi President Bingu wa Mutharika [BBC profile] until the court has the opportunity to review parliamentary guidelines regarding how to remove the president. Parliament adopted the new impeachment procedures [JURIST report] last week to fill a gap in the constitution, which allowed for a president's removal but did not indicate the manner in which it should be done. Mutharika faces impeachment after charges were brought against him for misusing public funds and abusing his presidential role, and Parliament had called for him to answer the charges, but Mutharika appealed directly to the Constitutional Court which led to the court's ruling. He argued that the new impeachment procedures were unconstitutional and "not in accordance with the rules of natural justice." Parliamentary officials said they plan to appeal the court's injunction. AP has more.






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