Malawi Congress Party (MCP) members in Mzuzu have threatened to obtain an order for injunction stopping the party from holding the national convention if they are not included as delegates following a Mzuzu High Court order in January this year restraining MCP for expelling them.
If by April 24 2013, MCP President John Tembo or the Chairperson of the National Convention Joseph Njobvuyalema does not include the 12 members from the Mzuzu District Executive Committee, they may face contempt of court charges.
Lawyer for the reinstated members George Kadzipatike has warned MCP unless include his clients, there will be an application to stop the convention.
The members are Gilbert Chione District Chairman, Kanyerere S.G. Jere Secretary, Duncan E. Banda Treasurer, Getrude Ngala Chair Lady, Grace Nkhana Secretary, Women’s League, E. Mhango Treasurer, Women’s League, Petros Nyirenda District Youth Chair, Chrissie Makwakwa District Youth Secretary, Mary Zimba District Youth Treasurer, Wellington Chirambo Constituency Chair, Green Chavula Constituency Chair and Joseph Kamanga Constituency Chair.
In January this year the High Court in Mzuzu, restrained MCP President from firing a 30 member Mzuzu District Committee after it aligned itself to reinstated Secretary General Chris Daza whom the party had earlier expelled.
However, in partial fulfillment of the order MCP reinstated 18 members and accredited them as delegates to the forth-coming convention.
In a letter, dated April 19 2013 to the Chairperson of MCP convention copied to party President John Tembo and the party’s national Headquarters, the 12 members through lawyer Kadzipatike of Jivason and Company reminded MCP that the order for injunction that restrained MCP from ceasing to treat the committee has never been discharged or vacated.
“Despite this, our clients have been shocked to find that 12 of their number have not been included on the list of participants of the National Convention scheduled for this month end. Instead, for Mzuzu District, the Malawi Congress Party has substituted our clients with 12 members whom the Court also restrained from acting as Mzuzu District Executive members of the party,” Kadzipatike said.
He said MCP, which seeks run this country if elected in the 2014 elections should be the last institution to show disrespect for the Judiciary.
“We as legal practitioners will not sit down and watch the Malawi Congress Party contravening the order of the court. If the required 12 of our clients are not included as participants in the said convention by tomorrow (Wednesday, April 24 2013), we already have instructions to file for contempt of court.
“Be warned that chances are very high that we may get instructions to obtain an order for an injunction stopping the party from holding the convention if our clients are not included.
“You may also wish to be advised that, should the party choose to go ahead with the convention in the exclusion of legitimate members such as our clients, the convention and all elections conducted therein may be declared null and void by a court of law upon application by any interested person, and this may be costly to the party,” reads the warning by Kadzipatike.
The party’s regional chairperson for the north James Kaunda fired the committee during a meeting held at Jombo in Mzimba District on 11 January 2013 following instructions from Tembo.
Under Civil Cause number 07 of 2013, Justice Madise also stopped Tembo and MCP Northern Region Chairperson Kaunda from recognizing those people purported to have been elected on 11 January 2013 to replace the ‘old’ committee until a further order or determination from the court.
MCP fired Daza after he fell out of grace with the Tembo but the High Court sitting in Lilongwe reinstated him.
Nevertheless, in a direct disregard of the court order, the Party’s National Executive Committee instructed all its structures throughout the country not to associate nor conduct party business with Daza.
According to MCP spokesperson Jolly Kalelo, not all of members will attend the convention as there is limited number of people to attend per district.Follow and Subscribe Nyasa TV :