Court rebuffs Nankhumwa’s application for the court not to hear DPP’s application to vacate his injunction
The High Court has dismissed embattled Leader of Opposition in Parliament Kondwani Nankhumwa’s preliminary application for the court not to hear DPP’s application to vacate an injunction which restrained the party from removing him from the position.
In his ruling, High Court Judge Simeon Mdeza has stated that he has problems to appreciate Nankhumwa’s arguments made in his preliminary application.
Part of the ruling reads: “If anything, perhaps, those arguments should be reserved for the hearing of the defendants [DPP] application to have the order of the injunction discharged.”
The ruling means the court will now proceed to hear the DPP’s application to vacate the injunction which Nankhumwa obtained challenging his removal as Leader of Opposition in Parliament.
In his preliminary application, Nankhumwa through his lawyers argued that the High Court already heard the DPP when it tried to challenge the injunction in 2022 and the court sustained it after hearing both parties.
But the DPP objected to the Mulanje Central lawmaker’s preliminary application, arguing that the judge has powers to revisit the injunction upon change of circumstances.
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