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Lawyer Khaphale reboots Msowoya, others case against MCP

Private practive lawyer Kalekeni Kaphale has  withdrawn proceeding of the  case in which Malawi Congress Party (MCP) first vice-president Richard Msowoya, secretary general Gustave Kaliwo and three others are stopping the opposition party from either firing or suspending some national executive committee (NEC) members.

Kaphale: We will start the matter afresh

The lawyer, who also represented the outspoken publicity secretary Jessie Kabwila whom the MCP NEC dismissed from the party on Sunday for alleged misconduct, said he has withdrawn the case on technical grounds.

Kaphale, who recently served as Attorney General,  said,preliminaly matters were delaying the process and would want to restart the case all over again .

Among the preliminaries that dogged the progress of the case is that Kaphale’s practising licence had expired during the time of deposition of affidavits with the courts.

Kaphale has confirmed that his license has been renewed and that the proceedings would proceed but starting afresh.

He, however, said in the interim  the affected MCP members retained their positions.

The other two suspended members High Court judge Healey Potani temporarily rescued are replaced treasurer general Tony Kandiero (whose position was given to Rhino Chiphiko) and deputy SG Chatonda Kaunda.

MCP NEC resolved to suspend Msowoya, who is also Speaker of the National Assembly and Kaliwo pending disciplinary action for their alleged role in destabilising the party.

Kaphale said among the charges the MCP proffered on Msowoya to justify the suspension included his alleged failure to promote party ideals and his conduct to recognise Kabwila as the party’s publicity secretary at rallies conducted in the Northern Region when he knew Kabwila was dismissed.

Kaliwo, among others and according to Kaphale, is accused by the party of scheming against it and forming parallel structures. He is also accused of showing disloyalty to the party, recognising Kabwila as publicity secretary and discussing with others how to disrupt the party.

Kaliwo and Msowoya alongside second vice-president Macdonald Lombola, Kaunda and Kandiero were signatories of a letter accusing party president Lazarus Chakwera of flouting the constitution.

Under Article 14 of the MCP constitution, members can be suspended or dismissed under the following conditions: “[1]. The National Executive Committee may discipline any member of the party if such member has committed a serious and persistent breach under the constitution. The procedure for such suspension or dismissal shall conform with the rules of natural justice.

“[2]. Nothing in this section shall authorise the National Executive Committee to dismiss a member who was elected by the convention; [3]. Any member who is suspended or dismissed shall have the right to appeal to the party convention…”

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