Court snubs Kaliwo, four others on technicality
The battle between Malawi Congress Party (MCP) and its embattled senior members refuses to die as the High Court in Blantyre has set aside a case in which they are seeking relief following their suspensions and dismissals.
The five senior members obtained a court injunction in February this year stopping MCP from effecting its decision to either fire or suspend them from the main opposition party.
The five are suspended first vice-president Richard Msowoya, secretary general Gustav Kaliwo, first deputy secretary-general Chatonda Kaunda and fired treasurer general Tony Kandiero and publicity secretary Jessie Kabwila.
High Court senior deputy registrar Justus Kishindo yesterday set aside the five’s summons following a typographical mistake where instead of writing 28 days they had put 14 days.
Kaliwo said in an interview yesterday his camp would make a fresh application following the ruling that their summons could not stand due to the error.
He said: “The court has said due to the typographical mistake whereinstead of 28 days we had put 14 days the summons could not stand so we are making a fresh application.”
The party had filed an application on April 3 2018 for an order setting aside the summons on grounds that they were void as they did not comply with the prescribed Form 1 as provided by the rules of procedure by, particularly, abridging the time within which they ought to file their defence to 14 days from 28 days.
However, the Kaliwo camp objected the application by filing skeleton arguments and a sworn statement in opposition to the same in a proceeding to set aside the summons.
In his ruling, Kishindo said having considered arguments from both sides, he was of the opinion that the MCP application should succeed over that of Kaliwo’s faction.
Both lawyer for MCP Robert Nthewa and the acting secretary general Eisenhower Mkaka were not available for comment, but the latter was quoted by Zodiak Broadcasting Station (ZBS), saying the party will now proceed with preparations for its much-awaited national convention.
MCP national executive committee (NEC) resolved to suspend and fire the five in February this year pending disciplinary action for their alleged role in destabilising the party but the five rushed to the court to obtain an injunction. n
