The High Court of Malawi has granted opposition Malawi Congress Party (MCP) an order stopping a group called MCP Veteran Management Committee from suspending party secretary general Richard Chimwendo Banda and sealing his office.
The order, granted by Judge William Yakuwawa Msiska in Lilongwe yesterday, followed an application by MCP through its director of legal services George Kadzipatike who argued that the defendants had no legal basis under the party’s constitution to suspend a duly elected official or close his office.
The case came in the wake of an incident last week Tuesday when the group allegedly attempted to seal the office of Chimwendo Banda whom they accuse of contributing to MCP’s loss in the 2025 General Election which ushered back into office Democratic Progressive Party (DPP) leader Peter Mutharika after a five-year break.
Kadzipatike argued that the defendants and persons acting under their direction were preventing duly elected officials and staff from performing their constitutional duties while also causing violence and disruption at the party’s headquarters.
In granting the order, the judge said the 10 defendants, whether by themselves, their agents, servants, assignees or any person acting under their authority or direction, should stop disrupting affairs at the MCP headquarters in City Centre, Lilongwe.
He said: “Interfering in any manner with the performance of the constitutional duties of any member of the National Executive Committee of the claimant, including the secretary general of the claimant.”
The order also prohibits the group from closing, locking, barricading or otherwise preventing access to the party premises as well as doing any act calculated to usurp powers vested exclusively in the MCP NEC or the party’s convention.
The 10 defendants are William Phakamisa, Frank Chatanga, Dyson Simsamala, Jaji Banda, Mizeck Masula, Eliya Kadula, Ernest Soko, Chaponda Chizwa, Mai Kanyemba and Dzeke Dzeke.
Kadzipatike said the MCP constitution provides for a disciplinary committee whose members must be appointed by the NEC or management committee.
On the other hand, Phakamisa said the group was yet to be served with the injunction.
Last week, police summoned the group after sealing Chimwendo Banda’s offices.
National Police spokesperson Gladys Chirwa is yet to respond to our questions on circumstances surrounding the summon of the veterans.
But in a telephone interview, the veterans’ spokesperson Chizwa said police told them that Chimwendo Banda had reported the matter.
Chimwendo Banda declined to comment.
The veterans tout themselves as a group that worked with founding president Hastings Kamuzu Banda and his ssuccessors in the party leadership, namely Gwanda Chakuamba and John Tembo, both deceased, as well as Chakwera.
