Court merges Nankhumwa, Chazama, Jeffrey cases

The High Court of Malawi in Lilongwe has merged cases involving three Democratic Progressive Party (DPP) national governing council (NGC) members who have dragged the party to court on various issues.

In an interview after an in-camera hearing in High Court Judge Howard Pemba’s chamber yesterday, both lawyers for the applicants and defendants confirmed the development, and that the judge has given seven days to make his determination.

Lawyer Peter Minjale, who is representing estranged DPP NGC members Kondwani Nankhumwa, Cecilia Chazama and Grezelder Jeffrey, said the court felt that the three have similar facts and that they are suing the same party, as such, it would make sense to treat the case as one.

On the other hand, DPP legal adviser Charles Mhango, who is representing the party, said the decision brings in fairness and eliminates further misunderstandings upon different determinations.

“Imagine the cases being handled by different judges and different determinations are made, that would imply confusion within the judicial system and probably further court redress,” he said.

This means that instead of the determination in the case of Jeffrey coming this week, it will wait until December 26 2023 to be made together with the other cases.

Mhango said as it stands, Nankhumwa and Chazama are still recognised as advisers to party president Peter Mutharika while Jeffrey is the vice-president for the Central Region until December 26 2023.

Nankhumwa and Chazama went to the High Court in Blantyre to challenge their recent appointments as advisers to Mutharika but were referred to tye Lilongwe High acourt where Jeffrey’s case was already being handled.

Nankhumwa and Chazama were removed from their 2018 elected positions at the party’s convention three days after Mutharika also appointed Jeffrey as vice-president for the Central Region, and replaced her with Clement Mwale as the party secretary general.

Nankhumwa was replaced by Mulanje South West legislator George Chaponda as vice-president responsible for the South while Thyolo Thava lawmaker Mary Navicha replaced Chazama as the party’s new director of women.

The three also want the court to nullify proceedings and resolutions Mutharika, Mwale and the party made during a national governing council (NGC) meeting held in Mangochi on the 13th December 2023 and to stop Mwale from exercising the powers and functions of the secretary general of DPP.

DPP factions have dominated in seeking court remedies following endless misunderstandings on proceedings on different issues mostly relating to positions and operations of the party.

Political and governance analysts have warned that DPP’s continued infighting threatens to completely disintegrate the party and have urged Mutharika to take decisive action.

Meanwhile the high court has extended again the time when the party can hold its elective convention after the two set dates by two different NGC meetings were challenged and nullified.