Court nullifies DPP disciplinary committee
The High Court of Malawi has nullified the recently constituted Democratic Progressive Party (DPP) disciplinary committee for being unconstitutional in line with the party’s statutes.
The ruling delivered in Lilongwe followed a move by DPP vice-president for the South Kondwani Nankhumwa to challenge his summoning by the committee for allegedly undermining the authority of the party’s president Peter Mutharika by holding whistle-stop tours in Blantyre between July 15 and 25 2023 without seeking approval.
But Nankhumwa, according to his lawyer Wapona Kita, argued in civil cause number 155 of 2023 that the said committee was wrongly composed as it had seven members instead of five as prescribed by Article 15 of the DPP constitution.
In a default judgement dated August 31 2023, High Court Judge Howard Pemba declared that the committee was unconstitutional.
Kita said the best way out was for DPP to constitute a new committee.
He said: “The judgement means the whole committee is nullified; it is as good as there is no disciplinary committee now in the DPP. What they did is that they appointed seven people, instead of five according to their constitution. So, that group of seven people is null and void.
“The only way is to constitute another National Governing Council
and choose another commitee, according to their constitution.”
Kita said by extension, the decision also affects Mwanza Central legislator Nicholas Dausi who was earlier this week expelled from the party.
DPP director of legal affairs Charles Mhango, a former Attorney General, said he was yet to be briefed on the party’s failure to defend the Nankhumwa case by their lawyers.
The nullified committee was led by Mulanje South West lawmaker George Chaponda with Mangochi Monkey Bay legislator Ralph Jooma, Jean Mathanga, lawyer Charles Mhango, Grace Kalele, Fackson Walapa and Khwauli Msiska as members.
In 2020, Nankhumwa was also summoned and charged with four counts of disciplinary breaches. He was accused of undermining Mutharika as party president for imposing himself on the position of Leader of the Opposition in Parliament
