Peter Mutharika
Encyclopedia
Arthur Peter Mutharika is a Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...

an politician, author, educator, lawyer, advisor and consultant. He has worked in the area of international Justice internationally. He is an expert on international economic law, international law and comparative constitutional law.He has been informally serving as an adviser to the President Bingu wa Mutharika
Bingu wa Mutharika
Bingu wa Mutharika is a Malawi economist who is President of Malawi. He took office on 24 May 2004 after winning a disputed presidential election...

 from the onset of his election campaign until present in issues of foreign and domestic policy. He has also held positions as the minister of Justice, and later the Minister for Education, Science and Technology. Mutharika is currently the Minister of Foreign Affairs for Malawi. Peter Mutharika has been formally endorsed as the DPP candidate for President of Malawi in the 2014 election in spite of the nation wide protests against his brother's regime. He has currently been charged to help bridge relations between Malawi and England due to the deterioration of public diplomacy between the two nations after the Chocrane-Dyet
The Nation (Malawi)
The Nation Newspaper is a newspaper based in Blantyre, Malawi owned by Nations Publications Limited. It began distribution in July, 1993, and became a daily newspaper in 1994. Its sister newspaper Saturday Nation, now called Weekend Nation was launched in 1995...

 controversy.

Early career

Mutharika received his law degree from the University of London
University of London
-20th century:Shortly after 6 Burlington Gardens was vacated, the University went through a period of rapid expansion. Bedford College, Royal Holloway and the London School of Economics all joined in 1900, Regent's Park College, which had affiliated in 1841 became an official divinity school of the...

 in 1965. He then received his LL.M and JSD degrees from Yale University in 1966 and 1969 respectively. As a professor, he has taught at University of Dar es Salaam (Tanzania), Haile Selassie University (Ethiopia), Rutgers University (USA), the United Nations Institute for Training and Research Program for Foreign Service Officers from Africa and Asia at Makerere University
Makerere University
Makerere University , Uganda's largest and second-oldest higher institution of learning, , was first established as a technical school in 1922. In 1963 it became the University of East Africa, offering courses leading to general degrees from the University of London...

 (Uganda), and Washington University (USA), and has served as an Academic Visitor at the London School of Economics. (UK)

He also served as advisor to the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

's Rule of Law initiative for Africa. He was also the chair of the is Institute for Democracy and Policy Studies.

Late career

He assisted as an advisor in the campaign for his brother, Bingu wa Mutharika
Bingu wa Mutharika
Bingu wa Mutharika is a Malawi economist who is President of Malawi. He took office on 24 May 2004 after winning a disputed presidential election...

, for re-election as President in 2009. In 1995 he argued for limiting presidential powers in Malawi. He then entered Malawian politics where he became a Minister in a cabinet he helped to create. He also continues to serves as an adviser to the President in issues of foreign and domestic policy.

ICSID Arbitration Tribunal

Muthairka was part of a three man tribunal that was arbitrating international cases. In August 2011, Mutharika was forced to reign two international court cases with the International Center for Settlement of Investment Disputes that he was arbitrating on Zimbabwe where foreign investors are suing the Zimbabwean government for breaches of bilateral investment treaties. This was due to objections about his impartiality because of Bingu Mutharika's close associations with the Mugabe government.

Political life

He is a member of the DPP party in Malawi. In May 2009, he was elected to the Malawian Parliament, and he was subsequently appointed by his brother Bingu wa Muharika to the Malawi Cabinet
Cabinet of Malawi
The Cabinet of Malawi is the executive branch of the government, made up of the President, Vice-President and Ministers and Deputy Ministers responsible for the different departments.The current ruling party is the Democratic Progressive Party...

 as Minister of Justice and Constitutional Affairs. He is the current Minister of Education, Science and Technology in Malawi. As of September 8, 2011, he was the Minister of foreign Affairs in the new "war cabinet
Cabinet of Malawi
The Cabinet of Malawi is the executive branch of the government, made up of the President, Vice-President and Ministers and Deputy Ministers responsible for the different departments.The current ruling party is the Democratic Progressive Party...

".

DPP Factions

Tensions have arisen over the president's plans to name Peter Mutharika as the party successor over the sitting vice president, Joyce Banda
Joyce Banda
Joyce Hilda Banda is a Malawian educator, grassroots gender rights activist turned politician who has been Vice-President of Malawi since May 2009. She is Malawi's first female vice president. She had previous posts as a Member of Parliament, the Minister of Foreign Affairs and Minister for...

. A female member of parliament, Anita Kalinde, was assaulted by in public by Mutharika's supporters for supporting Vice-President Banda but no arrests were made. The Vice President was later fired from the DPP and launch her party People Party PP. Some people in DPP have resigned over the dismissal of the Vice President. According to the Malawi Laws, Joyce Banda still remains the country's Vice President although she was fired from the DPP.

DPP Presidential Endorsement

In August 2011, the DPP National Governing Council (NGC) endorsed Peter Mutharika as Presidential candidate for the 2014 elections. This announcement came a few days after the July 20th, 2011
2011 Malawian protests
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...

 protests where nationwide strikes were held against Bingu Mutharika's regime. His appointment decision was made by President Bingu Mutharika and endorsed by the DPP NGC since the party did not hold a convention to elect new leaders. The Secretary General, Wakuda Kamanga stated that the decision was made in spite of the protests because the party believed that the "anger would fade". This endorsement also led to the firing of those that were against the nomination process within the party including first vice-president Joyce Banda
Joyce Banda
Joyce Hilda Banda is a Malawian educator, grassroots gender rights activist turned politician who has been Vice-President of Malawi since May 2009. She is Malawi's first female vice president. She had previous posts as a Member of Parliament, the Minister of Foreign Affairs and Minister for...

 and second vice-president Khumbo Kachale. The national radio station and television have been endorsing Peter Mutharika since early this year as a candidate.

US Citizenship Controversy

Peter Mutharika's candidacy for position as a government minister and his eligibility for presidency had been controversial because of speculation and doubt over his Malawian citizenship. A senior Political and Administrative lecturer at the University of Malawi
University of Malawi
The University of Malawi is an educational institution established in 1964 and composed of five constituent colleges located in Zomba, Blantyre, and Lilongwe. Of the five colleges, the largest is Chancellor College in Zomba. The name of the school is abbreviated to UNIMA. It is part of the...

, Mastapha Hussein has stated that his "eligibility should be viewed in the context of his being Malawian, he would be above 35 years of age by 2014, and he has not been convicted of any criminal activities for the past seven year.". Malawi's laws however, do not allow dual citizenship and it is widely speculated that he obtained US citizenship whilst living in the US and hence, had renounced his Malawian citizenship as is required by law. The DPP has also stated that Mutharika is a Malawian citizen and would run for president as a Malawian citizen and not an American one.

Academic Freedom Stand-off

During Mutharika's tenure as Minister of Education, his leadership skills were tested over his handling of the academic freedom stand-off
University of Malawi
The University of Malawi is an educational institution established in 1964 and composed of five constituent colleges located in Zomba, Blantyre, and Lilongwe. Of the five colleges, the largest is Chancellor College in Zomba. The name of the school is abbreviated to UNIMA. It is part of the...

 at the University of Malawi
University of Malawi
The University of Malawi is an educational institution established in 1964 and composed of five constituent colleges located in Zomba, Blantyre, and Lilongwe. Of the five colleges, the largest is Chancellor College in Zomba. The name of the school is abbreviated to UNIMA. It is part of the...

, where University lecturer, Blessings Chinsinga
Blessings Chinsinga
Dr. Blessings Chinsinga is a Malawian lecturer at the center of the Malawi Academic Freedom Stand off and eventual protests. He was a Senior lecturer in Development Administration, Public Policy Analysis and Institutions, and Development at University of Malawi's chancellor college...

, was questioned by the police chief, and later fired for comparing the economic conditions that lead to the Arab Spring
Arab Spring
The Arab Spring , otherwise known as the Arab Awakening, is a revolutionary wave of demonstrations and protests occurring in the Arab world that began on Saturday, 18 December 2010...

 events in Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

 to Malawi's economic grievances in an example. Faculty at the university stood in solidarity with the lecturer and in support for ensuring academic freedom through a strike. This led to the firing of Jessie Kabwila-Kapasula
Jessie Kabwila-Kapasula
Dr. Jessie Kabwila-Kapasula is an academic, feminist, educator and activist. Her interests are in African feminism.Kabwila-Kapasula was the acting president of the Chancellor College Academic Staff Union that was fired during the stand off to ensure academic freedom at the University of Malawi that...

, Blessings Chinsinga
Blessings Chinsinga
Dr. Blessings Chinsinga is a Malawian lecturer at the center of the Malawi Academic Freedom Stand off and eventual protests. He was a Senior lecturer in Development Administration, Public Policy Analysis and Institutions, and Development at University of Malawi's chancellor college...

, Gaston Kanchedzera and Edge Kanyongoro. This led to wide spread university protests from students, and the shut down of the Chancellor College
University of Malawi
The University of Malawi is an educational institution established in 1964 and composed of five constituent colleges located in Zomba, Blantyre, and Lilongwe. Of the five colleges, the largest is Chancellor College in Zomba. The name of the school is abbreviated to UNIMA. It is part of the...

 in a educational crisis that began in February 2011, but hasn't been resolved.Poor handling of this issue, including failure to secure academic freedom and reinstatement of lecturers became a national issue of debate and one of the contributing factors outlined in the 20 points of discontent leading to the July, 20 2011 Malawi protests. As of September 8, he was moved to Minister of foreign affairs.

Works

  • "Foreign Investment Security in Sub-Saharan Africa: The Emerging Policy and Legal Frameworks" (book)
  • "Accountability for Political Abuses in Pre-Democratic Malawi: The Primacy of Truth" - Third World Legal Studies, 2003.
  • "Approaches to Restorative Justice in Malawi", 13th Commonwealth Law Conference, Melbourne, Australia, April 2003.
  • "Legal System of Malawi", 3 Legal Systems of the World 949 (2002)
  • "Some Thoughts on Rebuilding African State Capability," 76 Washington University Law Quarterly 281 (1998)
  • "Creating an Attractive Investment Climate in the Eastern and Southern Africa (COMESA) Region," 12 Foreign Investment Law Journal 1 (1997)
  • "The Role of the United Nations Security Council in African Peace Management: Some Proposals," 17 Michigan Journal of International Law 537 (1996)
  • "The 1995 Democratic Constitution of Malawi," 40 Journal of African Law 205 (1996)
  • "The Role of International Law in the Twenty-First Century: An African Perspective," 18 Fordham International Law Journal 1706 (1995) and reprinted in 21 Commonwealth Law Bulletin 601 (1995).
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