Chakwera, Jean Sendeza risk jail for disobeying court order

Malawi Congress Party (MCP) torch bearer for the 2014 tripartite elections Dr Lazarus Chakwera risks being jailed for disobeying a court order that restrained him and his agents from presenting nomination papers for Jean Sendeza legislator for Lilongwe South West until the primary elections are heard.

According to court documents in our possession filled at Lilongwe High Court on Friday,  the applicants Savie Kaore, Dorothy Manyusa, Chifuniro Kalengamaliro and Evelyn Phalaza the aspiring candidates for Lilongwe South West Constituency  also wants Sendeza and Henry Kamata Director for Elections be jailed for disobeying the same court order.

“Chakwera, Sendeza and Kamata herein be committed to prison for their contempt of orders issued by High Court on 7th February, 2014,” reads the affidavit in part.

Jean Sendeza
Jean Sendeza

In addition the applicants want the assets of Malawi Congress Party valued at MK100, 000,000 be seized for the same disobedience of the court order.

According to the court documents, Kaore obtained an order of interlocutory injunction at Lilongwe High court registry on February 7th, 2014 restraining the respondents from presenting nomination papers to Malawi Electoral Election relating to Sendeza until the primary elections were held.

“Despite the court order, Sendeza who was aware of the injunction, went ahead to file the nomination form as a candidate of MCP for Lilongwe South west Constituency,” claims Kaore in his affidavit.

Lawyer for the applicants Burton Phiri of Racane Associates confirmed on Friday to have filed a notice of motion for committal proceedings with the Lilongwe High Court Registry.

“My clients instructed me to file a motion for committal proceedings against the respondents for disobeying an injunction that I obtained on their behalf on the February 7th, 2014,” said Phiri.

In interview on Friday, Kaore said he obtained a court order in order to bring sanity in the party which had cheated the constituents by not holding the primary elections which according to him would have elected a suitable candidate to represent the party in the forthcoming elections.

“As a democratic party, we expected primary elections but the party has endorsed Sendeza to be the torch bearer without following proper procedures”, added Kaore.

According to media reports, the party was supposed to hold the primary elections in the constituency either on 12 or 13th February, 2014 a development which Kaore claims never took place.

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