DPP at war with its constitution

The main opposition Democratic Progressive Party (DPP) is embroiled in violations of its constitution, Nation on Sunday has established.

The DPP has reinstated Christopher Mzomera Ngwira as its regional governor (North) against its constitutional provisions that bar a convicted member from holding a position before the expiry of seven years from the date of conviction.

The constitution also recognises the position of the national publicity secretary, held by Nicholas Dausi, but currently the party has created the post of spokesperson which Shadric Namalomba is occupying.

Ngwira, who was prosecuted by the Anti-Corruption Bureau (ACB) for diverting K650 000 from the Local Development Fund, was in 2020 found guilty of misusing public office. However, the court released him last year on grounds of ill-health. 

Article 6 of the party’s constitution reads: “No person shall be eligible to hold a leadership position in the party if he/she has been convicted by a competent court of law of a crime involving murder, theft, corruption, dishonesty or moral turpitude within a period of seven years from the date of such conviction.”

And, a legal expert Jefferson Luwa, a Blackstone Chambers lawyer, quips that reinstating Ngwira contradicts the party’s constitution.

“Looking at how the DPP has handled Mr. Mzomera Ngwira is a clear manifestation of the extent to which the DPP not only flagrantly disregards the provisions of Article 6(1) (i) of its constitution, but also the degree to which they tolerate that which they profess to fight or deal with.

“Mzomera Ngwira ceased to be the DPP’s regional governor for the North on the day of his conviction by competent court of law and the effect of such conviction subsists until today. His reinstatement is but a perfect example of not leading by example,” he said.

Luwa further concludes that the party leadership breached the party’s constitution by creating the position of spokesperson.

“The DPP, just like any other political party, devolves the supreme authority to its national political conference (NPC) which has power which includes: to elect office holders to various positions in the national governing council (NGC) subject to prior screening and approval of the candidate by the central committee as provided at Article 8(3) (c) of the DPP constitution. 

“The NPC is the only authority in the DPP structure (which) creates or abolishes positions in the party as at Article 8(3) (d).

“Needless to say, the position of DPP’s spokesperson does not exist within the NGC structure as at Article 10(6) of the DPP Constitution. In short, the position of DPP’s spokesperson is alien to the DPP’s Constitution,” he remarked.

Despite our reminders, DPP spokesperson Namalomba and legal adviser Charles Mhango had not yet responded to our questionnaire seeking justification on Mzomera Ngwira’s reinstatement.

However, on DPP spokesperson position, Mhango told our sister paper The Nation’s September 10, 2023 edition that the positions of party spokesperson and publicity secretary were different.

He further said the position of spokesperson was formed after Dausi allegedly said he could not speak against the Tonse Alliance government which is led by his former Malawi Congress Party.

But Dausi, in that edition refuted the claims while insisting he was the legitimate spokesperson of the party.

Besides these breaches, the High Court recently nullified the resolutions the party made at its NGC meeting.

It followed an application by some of the party’s senior members led by its Southern Region vice-president Kondwani Nakhumwa and Dausi seeking nullifications of the resolutions on grounds that procedures were not followed in convening the assembly on July 3 in Mangochi.

High Court Judge Simeon Mdeza further ruled that the party should hold a properly-constituted NGC meeting and an elective conference within 90 days after the applicants also accused the party of undermining democratic values by not calling for a convention despite it being due by 2nd July 2023.

The DPP has since vowed to obtain a stay against the court’s ruling and also appeal at the Supreme Court against the verdict.

 Meanwhile, a political analyst Chrispin Mphande has warned that the development threatens to erode the trust of voters in the DPP.

“By the end of the day, they will lose the trust of the people. The issue is that they want to govern the country and yet within their party they are failing to operate within the constitution.

“How do people trust them that when they take over government, they will respect the country’s Constitution?” the Mzuzu University lecturer quizzed.