Maulidi obtains court order against JB, Peoples Party

Former ruling People’s Party (PP) acting Secretary General, Paul Maulidi has obtained Stay Order from the High Court against the party’s president, Joyce Banda’s decision to pull out of the forthcoming By-elections.

The party last week ordered its members  to pull out of the elections set for next month after the party’s lost confidence in the Malawi Electoral Commission (Mec).

The Stay Order issued by the Supreme Court Judge, Justice Maclean Kamwambe on Friday last week has been granted as leave to commence judicial review proceedings on Banda’s decision after Maulidi dragged her to court.

“Leave be and is hereby granted to the applicant to commence judicial review proceedings challenging the decision of the respondent to stop the plaintiff from contesting in the Parliament by election in Blantyre North Constituency on 7th October 2014 under the ticket of Peoples Party on the grounds that the decision was made ultra vires unconditionally, unfairly and against the rules of natural justice,”reads the order in part.

Based on the Order, the implementation and execution of Banda’s decision stopping Maulidi in Parliamentary By-elections in Blantyre North has been stayed until the determination of the judicial review proceedings and “on condition for judicial review is to be made within 14 days”.

PP acting Director of Legal Affairs, Henry Phoya could not answer his phone when contacted several times as Nyasa Times sought the party’s stand on the Stay Order.

But Publicity Secretary, Ken Msonda described Maulidi in daily newspapers as confused, desperate and frustrated person by going gainst the party’s position.

“The party’s position in clear; we are not taking part in these By-elections or any future By-elections unless meaningful electoral reforms being proposed by electoral stakeholders have been implemented,” said Msonda.

Mec last week said PP did not follow proper procedures in communicating of its decision to pull out of the By-elections after he former ruling party only sent the Commission through a press
release.

Mec Public Relations and Media Manager, Sangwani Mwafulirwa said in interview that the press release PP sent to the Commission was not enough documentation to officially write-off the party in the October 7th By-elections.

The Commission has since listed Maulidi and five other PP members among the list of the candidates set to compete for Parliamentary and Local Government By-elections in five Wards and two constituencies.