High Court bars Tembo’s delegates to convention: Malawi Congress Party

The Mzuzu High Court has reinstated a 30 member Malawi Congress Party (MCP) Mzuzu District Committee after party president John Tembo  ordered their expulsion after it aligned itself to estranged Secretary General Dr. Chris Daza whom the party had also expelled.

The consent order dated August 5, 2013 quashes the court’s earlier directive  that Tembo’s faction and Daza’s faction send six delegates apiece from the Mzuzu District Committee to the forthcoming MCP convention.

The development means Gilbert Chione and 29 others, who faced Tembo’s wrath will have to choose all the 12 delegates to convention as per requirement of the MCP constitution.

“Upon consent of the parties herein, it is hereby ordered  that Gilbert Chione and 29 others do continue to serve as executive members of the Mzuzu District Committee of MCP.

Tembo: Lost case
Tembo: Lost case

“And that it is ordered that Tembo and Kaunda and other members of the party do continue recognizing, dealing with or treating them as legitimate party members,” reads part of the Court’s order.

The court also ordered that the matter be finally settled.

“That each party does bear their own costs,” it said.

A few days ago, 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 the Committee.

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 resolved that the matter should be resolved amicably since there 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 government processes,” Gondwe said.

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 to run for presidency at the convention.

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