The Mzuzu High Court has directed that Malawi Congress Party (MCP) incumbent president John Tembo’s faction and estranged Secretary-General Chris Daza’s faction send six delegates apiece from the Mzuzu District Committee to the forthcoming MCP convention.
The MCP constitution allows 12 members from each district committee as delegates to its indaba.
The development comes after Tembo through Mzuzu based lawyer Victor Gondwe filed an ex-parte application to vary a February 13th, 2013 injunction the Daza faction obtained restraining MCP from firing Mzuzu District Committee or replacing it.
Tembo applied for variation of that order just for the purposes of the much-awaited convention.
By varying the injunction, what it means is that those who are not even members of the District Committee could go to the convention because Tembo’s committee is illegitimate.
In affidavits filed in support of the application, Gondwe said the factions entered into negotiations and agreed that the matter should be resolved amicably since they are political rather than legal in nature.
“That it would heavily militate against the interest of justice to deny or indeed stop the national convention simply because of an issue in a single district. To vacate the injunction has no merit and is an abuse of [court] processes,” Gondwe said.
In February, the High Court in Mzuzu restrained MCP President John Tembo from firing a 30 member Mzuzu District Committee after it aligned itself to reinstated Secretary General Daza whom the party had earlier expelled.
The party’s Regional Chairperson for the north James Kaunda fired the committee during a meeting held at Jombo in Mzimba District on 11th January 2013 following instructions from Tembo.
Under Civil Cause number 07 of 2013, Justice Dingiswayo Madise also stopped Tembo and MCP Northern Region Chairperson Kaunda from recognizing those people purported to have been elected on 11th January 2013 to replace the ‘old’ committee until a further order or determination from the court.
MCP fired Daza after he fell out of grace with the Tembo but the High Court sitting in Lilongwe reinstated him.
Daza is amongst the people going to run for presidency at MCP convention.Follow and Subscribe Nyasa TV :