The High Court in Lilongwe has restored the case in which some disgruntled Malawi Congress Party (MCP) members are calling for an early convention in protest of party president Lazarus Chakwera’s style of leadership.
Judge Charles Mkandawire dismissed the case last week Monday because the complainants did not report to court when the case was adjourned.
But on Friday, Mkandawire restored the case after an application by lawyer Wesley Namasala.
“Being a court of equity and using my last sense of justice, I have decided to allow the plantifffs to rely on this concept [Order 35 Rule 2 of the Supreme Court] which as a matter of practice, courts have been allowing. I therefore, order that let the matter herein be restored,” said Judge Mkandawire.
The case resumed Monday and will also be heard on Tuesday.
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.
On May 13 2016, MCP announced plans to embark on district elections after the High Court in Blantyre ruled against the legality of the party’s committees because the members had been on their positions beyond three years, as stipulated in Articles 20 (1) and 24 (2).
However, the elections could not be held due to a court injunction which was tied to the case that has now been dismissed.