The Supreme Court of Appeal has reserved to a later date a ruling concerning a stay of execution of injunction order to Malawi Congress Party (MCP) president Lazarus Chakwera and its national executive committee (NEC) members from an injunction the party’s former secretary general Gustav Kaliwo and four others obtained.
In a court order from the Supreme Court of Appeal dated May 10 2018, Kaliwo’s injunction was vacated and awaited the inter partes hearing which took place in camera yesterday at the court between lawyers of both sides before Justice Kapanda.
After the meeting, both the applicant and the defence said they will wait for a day to be set by the court on the final ruling, as both have presented their cases on what needs to follow.
In an interview, Chakwera’s lawyer Mike Goba Chipeta said they can do nothing but wait for a day the court will set for the ruling.
“We made the inter partes application for stay, the court has reserved its ruling for a date to be communicated. Meanwhile, the inter partes stay that was granted continues until the day the court will deliver its ruling,” he said.
However, lawyer representing Kaliwo in the case, Kalekeni Kaphale, refused to comment, saying whatever Chipeta said was the true presentation of what transpired.
“Whatever my friend has said is what we agreed. I cannot say anything. That’s all,” he said.
Among other things, the injunction which was granted to Kaliwo by the High Court in Blantyre on May 8 this year restricted the party from holding a national convention until matters relating to the suspension of Kaliwo and four others (Richard Msowoya, Tony Kandiero, Jessie Kabwila and James Chatonda Kaunda) were resolved.
After an emergency NEC meeting the party held after the injunction, it resolved to reinstate the suspended four into their positions and also reinstate Kabwila who had been fired.
MCP held a convention later from May 11-14 which saw the re-election of Chakwera and booting out of Kaliwo from the position of secretary general, which Chipeta said was one of the arguments they presented before the court that the hearing will not be of importance since the other camp do not hold any positions like before. n