Judge Dunstan Mwaungulu sitting at the Malawi Supreme Court of Appeal on Monday failed to start hearing the civil society against the ruling party case in which the Democratic Progressive Party (DPP) is accused of soliciting money from parastatals to fund party functions.
DPP is accused of soliciting K15 million from Blantyre City Council and another K15 million from Lilongwe Water Board, among other parastatals for a blue night, a party fund raising event.
High Court and Supreme Court registrar Agnes Patemba said the judge failed to hear the case because they were away in Lilongwe to hear other cases.
Lawyer for the civil society organisations (CSOs) Wesley Mwafulirwa said another date would be set for the hearing of the appeals case.
Mwafulirwa said the CSOs will press the DPP to return the money to public coffers through the legal process.
Judge Zione Ntaba of High Court registry in Zomba ruled that the CSOs had sufficient interest in the case and ordered that the case be continued.
However, the DPP appealed against the ruling, faulting Ntaba, arguing that she erred in law by failing to properly apply the test for locus standi [sufficient interest] as established by the Malawi Supreme Court of Appeal in a previous case.
The DPP is accused of plunder of public resources and rule with arrogance and impunity by the CSOs.