Clash of court applications in DPP wrangle

As the fight for the Leader of Opposition seat rages at Parliament, court battles that would help resolve the matter seem to be getting more complicated.

The High Court in Lilongwe was on Tuesday set to hear an application for the vacation of an injunction that is protecting Leader of Opposition Kondwani Nankhumwa from being removed after the Democratic Progressive Party (DPP) expelled him.

The DPP moved the court to vacate the injunction so that its members can assume the position of Leader of Opposition since DPP is the opposition party with most members of Parliament (MPs).

Before Judge Simeon Mdeza could hear the DPP’s application to vacate the injunction, Nankhumwa, through his lawyers Wapona Kita and Gift Katundu, made a preliminary application asking the High Court not to hear the DPP’s application to vacate the injunction.

The application was made on the basis that the High Court already heard the DPP when it tried to challenge the injunction in 2022 and the court sustained the injunction after hearing both parties.

The DPP has since objected to the preliminary objection, saying the judge has powers to revisit the injunction upon change of circumstances.

The court, which only heard the preliminary application by Nankhumwa, has reserved its ruling to a later date.

Nankhumwa and 10 others were expelled from the party last month on allegations that they were undermining DPP president Peter Mutharika’s authority and disrespecting the party’s  leadership.

DPP appointed George Chaponda as LoP, but Nankhumwa, through his lawyer Wapona Kita, warned Parliament against recognising Chaponda in that position, arguing there is an injunction that DPP MPs got in 2022 restraining Chaponda from replacing Nankhumwa and the DPP from removing Nankhumwa as Leader of Opposition.

The party has since appointed Mary Navicha for the post, but Parliament recognised Nankhumwa as LoP as per the court order.