Alliance for Democracy (Aford) ‘standby’ president Enoch Katola Chihana risks imprisonment, fine or may have his assets seized for ignoring a Mzuzu High Court order restraining him or his charges from executing any duties, or any transactions in the name of or on behalf of Aford, or dealing in any manner with Aford’s activities.
The High Court stopped Chihana from assuming office until the determination of the matter or until a further order of the court.
The order follows the successful application for an interlocutory injunction by former Aford Publicity Secretary Dan Msowoya who said that the elections that took place at the party’s National Convention held at Marymount Secondary School in Mzuzu from 6-7th September were procedural, unfair devoid of tenets of democracy and the basic principles of the party.
Msowoya’s Mzuzu based lawyer Christon Ghambi of CHRAM Associates confirmed Chihana faces contempt of court charges, saying Chihana has erected a campaign billboard at Rumphi Boma that he is an Aford candidate.
“This is a direct contravention of the Court order and we are filing contempt of court proceedings,” Ghambi said.
He also said the holding of a news conference in Mzuzu last Saturday by Aford Regional Chairpersons was also a violation of the order.
The September 2013 order by Judge Dingiswayo Madise states: “An order of injunction is hereby granted restraining the Defendants by themselves, their servants, agents or otherwise and Members of National Executive Council elected on the 6th September, 2013 from executing any duties, or any transactions in the name of Aford or on behalf of Aford, or dealing in any manner with the activities of Aford.”
The order was temporarily vacated when Judge Madise transferred the Court to another newly appointed Mzuzu based Judge Dr Redson Kapindu.
But Ghambi successfully applied for the reinstatement of the order.