Chakwera uses sub judice rule to diss Kaliwo in response to letter: Malawi Congress Party squabbles

Malawi Congress Party (MCP) president Lazarous Chakwera has responded to a hard hitting nine paged letter from his party’s secretary general Gustav Kaliwo in two pages, simple and cutting.

Chakwera: Its Sub judice for me to act on matters that are in court

Chakwera: Its Sub judice for me to act on matters that are in court

Kaliwo: Have I therefore become your enemy because I tell you the truth

Kaliwo: Have I therefore become a Nkholokolo because I tell you the truth

In his reply, Chakwera started by noting that Kaliwo’s letter was “unheaded”.

Chakwera said he read the contents of Kaliwo’s letter “with keen interest.”

He wrote: “As you are aware all the issues you are raising and asking me to act upon are live in courts. As such I Have been advised that commenting on issues that are not concluded in court is sub judice and prejudicial to the administration of justice.”

Kaliwo is a practising lawyer and should have known better of the sub judice law.

Chakwera told Kaliwo that he is “constrained” to respond or act on the issue raised by the secretary general “before the court process is over to allow the rule of law to prevail.”

The MCP leader also expressed surprise that Kaliwo did not table his “observations” in any of the party’s management and politburo meetings.

“It is my hope that you will present them in the next meeting after the courts have concluded the case,” said Chakwera.

But in his letter Kaliwo complained that he was intimidated by Chakwera’s personal handler Ishmael Phakamisa before the MCP executive meeting, saying it was rude and demeaning hence he absconded.

He said  Chakwera was either a coward or a victim of a hostage situation on the day he failed to meet Kaliwo.

“ As Secretary  General and a secretary to the meeting, I have as a matter of normal practice consulted you as Chair of the meeting on how the meeting should be conducted. This is the reason that I  intended to come and see you, just before going to the NEC meeting.

“On all previous  occasions I have had access to you without let or hindrance. Sadly on this day your security  person Phakamisa who was in the company of about four MCP youth, told me that I was not  allowed to come into your office and see you. He told me to leave my office and go straight  to the NEC meeting. From the way he spoke to me, it was abundantly clear that he was  under instructions to do so. I was pleasantly surprised because at the time Phakamisa was  confronting me Hon. Kamata was just coming out of your secretary’s office. I found  Phakamisa’s conduct to be not only rude but demeaning as well. I therefore decided there  and then to just leave the premises as I was not sure on what basis the decision that I should  not see you was made,” reads Kaliwo’s letter.

He continued: “  Think about this any way you can, the reason for my being barred from seeing you was not  security related. I was not armed in any way and if anyone thought that, after all the  sacrifices I have made for you personally and the party in general, I was a security threat, I  could have been searched.

“Before I left, I talked to Hon Shela and Hon. Lombola and explained to them why I was  leaving. I asked both of them to inform you should you ask about my whereabouts. On this,  Mr. President, there are a number of scenarios that I was toying with. If the security person  was overzealous and acted without instructions from you, then you were being held hostage  or had no control over who had access to your office. If you gave the instructions that I  should not see you, then that was cowardly.”

Kaliwo pointed out that there is a legal and political solution to the court issues that are  currently being pursued by the party.

“The legal route is being pursued vigorously but the political route is being neglected,” he said.

Kaliwo tells Chakwera that the current situation in MCP “may appear desperate and indeed to some beyond rescue” but expressed confidence that if the party president “do the right thing we can come out of the present situation stronger.”

He proposes that Chakwera should take immediate steps to correct the situation by urgently calling for a NEC meeting comprising of members that held positions prior to 27 August 2015 to ratify the expansion and filling in of positions as stated in his communiqué of 27 August 2015.

Kaliwo also asks Chakwera to reverse or call for a properly constituted NEC to reverse the illegal dismissals and suspensions from the party

He also asked the party president to create a neutral forum for identifying and prioritising issues currently facing the party to which party members with perceived dissenting views will be invited.

The MCP secretary general also supports the call for a convention.

“As we in the MCP continue in our internal squabbles and power jostling the plight of  Malawians continues be desperate. The security, food, education, utilities and economic well  being of Malawians have deteriorated to such levels that citizens out there are surprised that  we in the MCP can find time to concentrate on anything else other than these pertinent  issues,” noted Kaliwo.

He strongly believes that MCP  can “salvage the  situation,”  if  the party  work together, put Malawi  and the party above personal ambitions,  foster unity, bite the bullet and do the right thing that puts the MCP in the positive light  and renews the trust of Malawians that it can be trusted with governing this country in their  best interest.


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Zakutha izi.

Binnwell Kachikopa

A Imran Chakwera is mature enough more than this your baby Atupele and even more than Peter Mutharika adakupangani swallow yu, somethings are better left unsaid that uttering nonsense.

Pension Nenereko
I thought bwana Kaliwo is clever and intelligent but now I have my doubts. The whole SG doing things like this it is laughable. So the MCP leadership has become so monsterous that even the so called SG has been forced to resort to writing instead of convening a meeting with his colleagues to iron out whatever issues are there. Those who know the truth, there is a certain lady Mr Kaliwo is fighting for. In any case he was also appointed not elected at a convention. Chipani chifundula ichi. If Mr Kaliwo wants to be part of the building… Read more »

Chakwera should know that this is no a church where you just direct and nobody questions your decision

Mndambala Boy

Koma Chakwera kupsetsa mtima kobasi, iwe ndithu mzako sanagone tulo kulemba ma page 9 koma zoyankha zako kungoyankha 2 pages? kutanthauza kuti SG anayenela kungoganiza kwa 5 min kuti asalembe poti zikanali ku Court?kikkkkkkk koma bale anthu enanu, kuchuluka nzeruku nzeru munazitenga kuti?
Ndiye mwati inu kupangapo kanthu pazomwe SG walembazi kutha kusokoneza chilungamo ndi malamulo adziko?
Kkkkkk nangadi ndizoona!!

Imraan Sadick

If I were you Mr Chakwera I would leave politics and go back to my preaching duties, precisely you are not a politician , our party is losing cadres by the hour just because of your arrogance, bigheaded Mr know it all


Tsoka ilo siudzakhalaso Chakwera mpaka kalekale,, very bad!!!!!!!!!!!!!!


Choka Imraan you have never been MCP so you can not wish us good. You want MCP to finish the way your UDF ended becoz of kukonda ndalama kwa achawa eti


Chakwera mulira naye ndipo simunati, kikkkkkkk!!!!!!!!!!!
Ameneyo amakhaulitsa ndipo mukhaula kobasi, koma choti mudziwe MCP ilibe munthu yemwe angapikisane ndi Chakwera zimenezo ndiyesa inuso mukuona.
Tsono pano tisakambe zopikisana eni nokha ayi, takhalani pansi ndikukambilana zikatha za ku Court zi, tapanga zooneka osati mbwerela mupangazi, Koma dziwani kuti ngati SG mwayamba zimenezi tayambaso kukukaikanitu man, or konveshoni mutapanga lero, ndani akhale nawo pampikisanao? za nziiiiiiiiii.

Bush wa BK

Bwana Chakwera, kumeneku kuithawa nkhani? But Kaliwo’s letter to you, was out of good will though you think he is against you. How can the whole GS be against his boss? These to us simply shows how childish in politics you are. Mverani malangizo kuti mukhalebe pa ndale or else akuchotsani momvetsa chisoni. Ndikaona zonsezi ndichifukwa chosiya kutumikira mulungu.


Bwana Bush, Chakwera pamenepa ndipamene akutumikila Mulungu kuposa kale,
Kale amatumikila Mulungu ku Assemblies koma pano akutumikila Mulungu ku mtundu wa aMALAWI.
Osadandaula akathana nazo zimenezi ulendo ulipo,inu ingofinyani Kolona basi!!!!!!!!!

HE the Life President Mfuti Kasinja?
HE the Life President Mfuti Kasinja?

But Gustav was not talking about court issues, bet administrative issue. So this is fallacious reasoning Mr so called MCP president.

African politicians who feel big when they occupy just wht are small positions lik party presidents! They decide to close their eyes not to c, close ears not to hear and any senses so tht they can pretend not to know things are wrong. Sad sad sad, that Chakwera still feels all is fine amidst various pipo raising issues or concerns.. Sad tht all u can do is to push blame off to others and take no responsibility to take action. In my memory, sad tht Chakwera seem not to know tht courts hv never ever bn best solutions to… Read more »
Mndambala Boy

Anapita ku Court ndi Chakwera?


Thats the way to answer it Bwana they shld not put words in your mouth coz that was NEC s decision not u.

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