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.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

14 thoughts on “Court dismisses disgruntled MCP members”

  1. Mbava says:

    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

  2. Bong we says:

    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 .

    1. Inkosi says:

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

  3. chilungamo chimawawa says:

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

  4. Zaithwa says:

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

  5. Spade says:

    Lawyer Namasala hi hi hi hi hi

  6. Bristone Mabichi says:

    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!!

  7. be humane says:

    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

  8. santana says:

    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 they give Chakwera a chance to state presidency he will be more harm to them than any other party leader to the throne. And Chakwera will fight very hard to win the 2019 elections not to help Malawians but to punish Njobvuyalema, Chidzanja, Kabwila, Kaliwo and others who have risen against him. So Biggie, I advise you to take part in advising the MCP president to take it easy, otherwise you and me will see him legs up one day.

  9. Pension Nenereko says:

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

  10. Youna says:

    A big blow to DPP.

  11. MKANDAWIRE says:

    i am finding some arguements by NAMASALA are in the letter from Kaliwo to Chakwera hehehehehehehe koma nkhoswe wapadzala awulula wapadenga.

  12. BIGGIE says:

    kkkkkkkk!!!!!!!!! Koma Nkholokolo zavutika, a Kapilikoni, a Bwampini, a Gulukunyinda, a Nyolitoto, a Sankhwi, a Pumbwa, a Kunda, muhhahahahahahahahaha!!!!!!!!!!!!! Kayambitseni chanu chipani, kapena kaloweni china, oooh!! pajanso zikumatheka kutenga Sabbatical leave, shut up and thumbs up to Wapona, some of these lawyers they want to be disgraced and lose their integrity, watchout. Mukufuna Kita azikuphunzitsaninso zochita in a court of law????

    1. Commonsense Politics says:

      Biggie,
      no point in having a field day with our brothers who did not perhaps think maturely on the matter. Forgive and forget the past then we move forward together I would like to suggest.

Comments are closed.