MCP faction’s fate Oct 25

A disgruntled bloc of Malawi Congress Party (MCP) district committee members will have to wait until next Tuesday to know whether the Malawi Supreme Court of Appeal should proceed hearing their application for an injunction.

The 27 members, led by former Dedza Valley chairperson Lackson Khamalata, through their lawyer Wesley Namasala, are demanding a national convention to formalise party positions and filed a notice of appeal after the High Court dismissed the application.

But Supreme Court of Appeal judge Anaclet Chipeta two weeks ago sent it back, arguing the documents were inadequate for him to act.

The judge further ordered the appellants to address the court on whether it has the jurisdiction to hear the matter or the same could have ably been done by the High Court.

However, on Tuesday the appellants and defence made submissions of their arguments on the issue of jurisdiction before Judge Chipeta who then reserved his ruling on the matter until October 25.

Both private practice lawyer Wapona Kita, who is representing MCP and Judiciary spokesperson Mlenga Mvula, said in a separate interviews Judge Chipeta will rule on the matter next Tuesday.

In his order, Chipeta argued that he did not think that it automatically followed that immediately a party appeals against a decision, then all interlocutory applications that arise in it must be dealt with by the Supreme Court of Appeal.

“It is crucial, therefore, that the question of jurisdiction is addressed before anything substantive is touched on by my court in this matter,” he said.

The High Court in Lilongwe had twice dismissed applications by the former district chairpersons before they filed for an appeal at the Supreme Court.