2012 Malawian constitutional crisis

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. ==Crisis in detail==

Thursday, April 5 President Mutharika had private meetings with Member of Parliament Patricia Kaliati and later Lilongwe legislator Agnes Penemulungu. He died of a heart attack during the meeting with Penemulungu and was declared dead on arrival at the local hospital. 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. 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. 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. Henry Mussa noted that many other ministers were involved in the plot other than the six that appeared on television. Many of the ministers have since distanced themselves from the event. The Malawi Law Society called for a full investigation into the matter. 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. 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: • Patricia Kaliati, Minister of Information and Civic Education. • Henry Mussa, Minister of local Government. • Dr. Jean Kalilani, Minister of Health • Simon Vuwa Kaunda, Minister of Sports • Nicholas Dausi, Deputy Minister in the Office of the President • Kondwani Nakhumwa, Deputy Minister of foreign Affairs. There is debate on whether or not the involvement of these six will lead to legal prosecution for attempted treason. Saturday, April 7 The Malawi News printed a headline entitled, "Bingu Dead". The senior members of the government thereafter announced President Mutharika's death. Vice President Joyce Banda was thus sworn in as President. 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. ==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. ==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. This included Midnight Six members Patricia Kaliati, Henry Mussa, and Kondwani Nankhumwa. 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. 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. ==References==