Court ruling gives leeway for MCP convention: Kaliwo, Msowoya’s suspension upheld

Malawi Congress Party (MCP) will proceed to organise its  much-anticipated national convention after the High Court in Blantyre has given the go ahead after throwing away an injunction obtained by Gustuv Kaliwo and others, restraining the party from conducting any party activity including the convention.

The suspended faction of  the main opposition party’s embattled vice-president Richard Msowoya and four other members, which also includes secretary general Gustav Kaliwo, treasurer general Tony Kandiero, deputy secretary general Chatonda Kaunda and fired publicity secretary Jessie Kabwila, obtained the injunction restraining the party from convening a convention.

The convention was earlier scheduled to take place in April but was cancelled until the court’s determination.

The matter was before Judge Jack N’riva who directed that the matter be heard by a registrar.

On Monday, delivered his ruling in chambers,  High Court Registrar Justice Kishindo  who heard the matter on May 2 2018 gave the party a fitting direction on its plans to hold the convention scheduled to be held in Mzuzu .

The High Court Judge has also upheld the suspension of Msowoya, Kaliwo and Kaunda which means they should also appear before the disciplinary hearing as MCP leader Lazarus Chakwera had said.

“Having considered arguments from counsel from both sides, I am of the opinion  that the Defendants’ application must succeed , and the Claimants’ application must fail, with costs [for being irregular]” ruled Kishindo.

MCP lawyer Robert Nthewa said he was pleased that the judge has discharged the injunction in the interest of justice as the claimants did not exhaust internal mechanisms within the party as stipulated in article 65 of the MCP constitution.

He further defended Chakwera, saying he never flouted the party constitution when he reconstituted it as he was mandated by the 2013 national convention to do so.