Court declare MCP dismissals, suspensions illegal: Convention case adjourned

The High Court in Blantyre has ruled that opposition Malawi Congress Party (MCP) president Lazarus Chakwera’s national executive committee appointments, expulsions and suspensions are illegal.

The court, in its ruling dated October 7, says it was unconstitutional for the MCP to hire, fire or suspend NEC members.

“All the new NEC positions are unconstitutional, illegal and of no effect,” says the ruling in part.

This means deputy director of research Felix Jumbe, senior party official Chatinkha Chidzanja Nkhoma and former southern refion party chairman Denis Nanthumbo who were fired from the party have been automatically reinstated so too party publicist Jessie Kabwila and senior party official Joseph Njobvuyalema who were on suspension can go back to party work.

Chidzanja Nkhoma and Nanthomba took the MCP to court as they accused Chakwera of flouting party rules.

“The ruling has vindicated what we stood for. Sanity ahould now return to the party. We need to unite and rebuild the party,” said Chidzanja Nkhoma.

Party president Chakwera could not be reached for comment as he is reportedly in South Africa.

MCP deputy secretary general Eisenhower Mkaka refused to comment, saying he had not seen the ruling and lawyer for MCP Kita said he did not have the authority from the party to speak on the issue.

Meanwhile, High Court in Lilongwe has adjourned to 31st October a case involving Some digrubtled district chairmen for opposition Malawi Congress Party (MCP) and the party’s leadership which they are asking to court to order the party to go an emergency convention.

Presiding judge, Justice Charles Mkandawire has asked the applicants lawyer Wesley Namasala to ensure that the only witness remaining to testify Peter Lihonga appears in court during the day as he failed to testify today as it was reported ttjaat he is sick and he couldn’t make it.

Mkandawire has also instructed the defendant, MCP lawyer,Wapona Kita to be ready with their witnesses if they are bringing some as they might start testifying the same date after Lihonga’s testimony.

Earlier during the day, Kita who is representing MCP in the case quizzed the witness  district chairman for Dedza district , Filipo Kaudzu who failed to read his own sworn affidavit saying he has eye problem and had reading glasses but was able to recognise his signature on the same paper and adopt it to be his testimony in court.

Kita who asked Chiudzu if he had the petition that was calling for an emergency convention, he told the court that he had no petition as he didn’t see it but only signed on a document that was given to him by his fellow chairmen.

Taking his turn, Probably one of the party’s longest serving district chairman, Foloma Mwale of Mchinji North district, refused that the real reasons that they are calling for the convention was that there’s someone who is sponsoring them with a motive that during the conference on Any Other Businesses (AOB) they must bring a motion to have fresh elections for the presiden.

When Kita asked him  who was answering questions in a bold way, could at times send a court room into laughter with his approach when answering questions as on several times he kept contradicting himself.

Mwale told the court that it was agreed at district level to sign the petition calling for the emergency convention  and that there are minutes to such effect, saying they are with his secretary of the district then .

But when was quizzed again to say the truth before they call the secretary to testify, he confessed that it was a lie as there’s no minutes as they had no stationery .

Mwale  also agreed with Kita that Tony Kandiero was only removed as treasurer general of the party and given new post and that he wasn’t dismissed from the party as such the article they are citing in their petition is wrong as it only talks of convention when one has been entirely dismissed from the party.

So far 28 former district chairmen has testified since the case started and it is now remaing one witness on the side of applicant to testify.

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