Court dismisses disgruntled MCP members

The High Court in Lilongwe has dismissed an interlocutory injuction filed by  lawyer of some disgruntled Malawi Congress Party (MCP) members seeking the court to issue an order stopping all district election that the party is currently holding.

Lawyer Wapona Kita (left) representing MCP

Lawyer Wapona Kita (left) representing MCP

MCP, the second biggest political party by representation in Parliament, has started conducting district elections to rebuild the party ahead of the 2019 General Elections.

But some disgruntled members who were calling for an early convention in protest of party president Lazarus Chakwera’s style of leadership, want the district elections stopped by an order of court.

Their lawyer Wesley Namasala  also asked the court to nullify all results of district committee elections it held from 29  August 2016 and stop National Executive Committee of the party from meeting and making decision on behalf of the party untill the case which they are challenging the legitimate of the NEC is finalised.

Namasala  in his submissions to the court argued that elections conducted from 29  August,2016 were irregular as there was no enough notice and that if the said decisions are not stopped from being implemented and further if the NEC is not stopped making decisions before conclusions of the matter in the court, there would be floodgate of litigations if in the event that the court makes a determination that the party’s purported revision of the NEC composition was a breach of the MCP constitution.

But lawyer representing MCP, Wapona Kita opposed the application,  arguing that in the first place that the first applicant Lackson Chimangeni Khamalatha is no longer district chairman of Dedza Valley therefore he has no “locus stand” [sufficient interest] in the matter.

Kita also told the court that the issue of notice is invalid as it’s the notice of 17 May 2016 which was automatically reactivated after the injuction they were granted by then presiding judge Dr Chifundo Kachale fell off on 25 August 2016 .

On arguments that there would be lots of litigation and chaos, Kita said that it’s unfounded fear  which the court must not take.

In his determination, Justice Charles Mkandawire said not every person is entitled to injuction but the one whose legal right has been infringed.

Justice Mkandawire said having carefully listened to the submissions made by counsel Namasala and the affidavit of Khamalatha in support of application, he did  not see anywhere they are mentioning as which legal rights are under threat except that if the party is not restrained from implementing the decisions of NEC and in the event that the court rules in their favour , then there would be a floodgate of litigations.

“As to how this floodgate in litigation will affect their legal rights , there is no connection. I don’t think that it is prudent for the court to issue injuction just because the plaintiffs are anticipating that there would be a lot of litigations,” said the judge.

The Judge agreed with Kita that the claims were made on assumptions, ruling that “as the plaintiffs have not shown which legal rights are at stake apart from mere apprehension of floodgate. I do not find this to be the basis upon which I would grant an injuction. I therefore dismiss the application with cost”.

In May this year, some MCP officials—including district chairpersons and committee members—dragged the party to court, demanding an emergency convention asserting serious irregularities over how Chakwera runs the party and appointed some national executive committee (NEC) members.

On May 13 2016, MCP announced plans to embark on district elections after the High Court in Blantyre ruled against the legality of the party’s committees because the members had been on their positions beyond three years, as stipulated in Articles 20 (1) and 24 (2).

MCP director of Elections Maxwell Thyolera said the party will proceed holding the elections to ensure fresh district and constituency committees.

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Mbava
Guest
9 days 10 hours ago

Let Chakwera decide on his winning team dont disturb him Kaliwo and ur group. Elections are on young guys kagwetseni madalawo in the districts chipani sichamunthu

Bong we
Guest
Bong we
9 days 13 hours ago

Judge Mkandawire reputation hangs on the line .As 4thyearv law student Judge mkandawire has taken sides from the day one he is very impartial in all his actions .if I were part of the district chairmen I could try to ask for another judge .

Inkosi
Guest
Inkosi
9 days 3 hours ago

He is impartial and does not want Malawi politics to be destroyed by confusionists who want to derail the best party because of money

chilungamo chimawawa
Guest
chilungamo chimawawa
9 days 22 hours ago

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk i know that DPP led bu Mutharika is behind all this confusion in MCP!!!!!!!!!

Zaithwa
Guest
Zaithwa
9 days 22 hours ago

Finya Chakwera Finya more fire and no retreat. Chakwera and Mia boma

Spade
Guest
Spade
10 days 9 minutes ago

Lawyer Namasala hi hi hi hi hi

Bristone Mabichi
Guest
Bristone Mabichi
10 days 1 hour ago

Inu amene mwachotsedwa kaloweni chipani china ndinu aMalawi muli nawo ufulu ngakhale oyambisa chipani chanu. MCP ngakgale ONgwazi (MHSRIEP) anayipeza. AChakwera musalore ngakhale pang’ono pomwe. Kulibenso za konivenishoni: Chakwera yemweyo 2019. Kususuka, eti. Kagwereni uko!!

be humane
Guest
be humane
10 days 1 hour ago

Mukhalira zomwezo a MCP mpaka 2019. pitani ku mwanza, neno, mulanje, chiradzulu, phalombe mukakhazikitse chipani pokonzekera 2019. Basi muzingolimba mtima ndi Lilongwe, Salima ndi Kasungu, Dowa ndi ntchisi nkumati mudzawina chisankho inu? Simple mathematics musanaluze, just add up the populations. If all central region votes for MCP and all Southern region votes for DPP, owina akhal ndani? Ndingokuthandizani nzerutu a MCP

santana
Guest
santana
10 days 1 hour ago
Biggie, you should know that the worrisome issue here is not which side is represented by a good lawyer. What is at stake here is the future of the party. Do not think the losing side will take it lying down. The people who are involved in this issue are not mere members of the party. Chakwera knows that he is shooting himself on the foot. The ordinary voter or member of MCP can not see the blow Chakwera is inviting to his face but the leader himself knows that he is in for it. These guys know that if… Read more »
Pension Nenereko
Guest
Pension Nenereko
10 days 2 hours ago

The party is going through kufundula – showing clearly that 2019 is MCP’s! Who is who are now known

Youna
Guest
Youna
10 days 2 hours ago

A big blow to DPP.

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