Court rejects Nankhumwa’s preliminary application
The High Court has dismissed embattled Leader of Opposition in Parliament Kondwani Nankhumwa’s preliminary application for the court not to hear Democratic Progressive Party (DPP)’s application to vacate an injunction that keeps him on the position.
In dismissing the Mulanje Central lawmaker’s preliminary application, High Court Judge Simeon Mdeza on Friday ruled that he has problems appreciating arguments the former presented before the court.
He observed that Nankhumwa’s arguments should be reserved for the hearing of the DPP application to have the injunction vacated.
But Nankhumwa argued that the High Court already heard the party regarding vacating the injunction when it tried to challenge the same in 2022 and that the court sustained it after hearing both parties.
The former DPP vice-president (South) brought before the court the preliminary application on February 13 2024 when the court convened for an inter-partes hearing following a notice for an order to vacate the injunction which the DPP filed on February 8 2024.
But the DPP objected to Nankhumwa’s preliminary application, arguing that the judge has powers to revisit the injunction upon change of circumstances.
And in his 12-page ruling delivered in his chamber, Mdeza stated: “I have problems to appreciate the argument by the 23rd claimant [Nankhumwa] that the application to vary or discharge the order of injunction herein will negatively impact or change the issues in dispute as settled by the court.
“Accordingly, this court dismisses the 23rd claimant’s preliminary application herein.”
The ruling means the court will now proceed to hear the DPP’s application to vacate the injunction which Nankhumwa obtained on June 28 2022 challenging his removal as Leader of Opposition in Parliament.
DPP lawyer Charles Mhango, who is also the party’s legal adviser, on Friday confirmed being served with the ruling while Nankhumwa’s lawyer Gift Katundu was not available yesterday.
Wapona Kita, another lawyer for Nankhumwa referred us to Katundu.
In his three-fold arguments, Nankhumwa wanted the DPP’s application thrown out.
He also argued that the DPP’s application was overtaken by events as its basis has changed.
However, the DPP objected to the application on the basis that the court has inherent jurisdiction to vary or vacate any order, including an order of interlocutory injunction, upon proof of change of circumstances.
Nankhumwa is among 10 expelled from the DPP on allegations that they were undermining party president Peter Mutharika’s authority and disrespecting party leadership.
Prior to the expulsion, Nankhumwa has been at the centre of the debacle in the DPP, which put him at loggerheads with senior party members, including Mutharika. On numerous occasions, he has been dragging the party to court, a situation that has destabilised the party.
