The High Court in Lilongwe has ruled against lawyer Wesley Namasala for some disgruntled Malawi Congress Party (MCP) members who told the court some of his witnesses were refusing to testify due to threats in the case they were calling for an early convention in protest of party president Lazarus Chakwera’s style of leadership.
Namasala claimed his witnesses were receiving threats to their lives from unknown people and could not appear before the court.
About 10 MCP officials who were scheduled to testify did not appear before the court.
Namasala told the court that he has received communication that some of the district chairmen who were set to testify are afraid to come to the court as they are receiving threats
Presiding judge, Justice Charles Mkandawire asked Namasala to produce evidence that his witnesses are receiving threats.
The lawyer has nothing to back up his claims, saying he only was told by his clients.
Lawyer representing (MCP), Wapona Kita refused to back the sentiments made by his learned colleague, saying he could not dignify the unsubstantiated allegations in a court of law like High Court.
“My Lord this is a court of law which dwell much on facts, law and evidence failing that my Lord I can’t and I don’t comment and I will not respond to unsubstantiated allegations,” Kita told the court.
Justice Mkandawire then ruled that it does want to turn the court into a rumour mongering forum and threw out the threats claims.
Meanwhile the court has adjourned to October 3 when the matter shall continue as Namasala also produced a letter from one of his witnesses who said was sick and couldn’t make it.
The court has set 3 and 4 October as the dates it shall have the matter heard with last witnesses.
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.