DPP defiant, calls for NGC meeting

The Democratic Progressive Party (DPP) has proceeded to call for a national governing council (NGC) meeting today in Mangochi despite a court order stopping the party from doing so.

Some members of the party recently obtained an injunction restraining the party from holding the said NGC meeting on June 24 2023.

But DPP through spokesperson Shadric Namalomba yesterday claimed Supreme Court Justice of Appeal Dingiswayo Madise’s ruling dated June 30 grants the DPP interim relief with several conditions; hence, proceeding with the meeting.

Said Namalomba: “I can confirm that the NGC meeting is on [today].  It is not against any court order because the Supreme Court of Appeal stayed that order so we are not breaking any law. The meeting will proceed.”

The Supreme Court ordered that the applicants (DPP members) must file a fresh application this time with notice within seven days for the continuation of an order of stay.

Reads the ruling in part: “Having gone through the application and all the supporting documents, the balance of justice tilts towards the granting of the within application without notice on the following conditions.

“The applicants must file a fresh application this time with notice within seven days for the continuation of an order of stay. The respondents have 14 days to respond. The claimant/respondent be allowed to attend the NGC meeting together with all other members of the NGC of the DPP on the scheduled date.”

Yesterday, the party issued a letter signed by administrative secretary Francis Mphepo inviting people to today’s meeting.

Reads the letter in part: “I have been delegated by Honorable Glezeldar Jeffrey, secretary general of the mighty Democratic Progressive Party [DPP] to invite you to the National Governing Council meeting scheduled for the 3rd of July 2023 at Nkopola Lodge in Mangochi.”

However, there are fears that the party will be sued for contempt of court if it proceeds with the NGC.

Lawyer for the members who obtained the injunction Wapona Kita said yesterday that they have not been served with any stay order and the DPP will be dragged to court for contempt if it continues with the meeting.

“We have just been seeing the said order in the social media, but my clients have not been served. So for us, that order does not exist and should the party proceed with the NGC meeting, we have clear instructions to file for contempt of court.

“We also have instructions to obtain an injunction against implementation of any decision that could be made during the said meeting. So for us, our injunction stands, and any act to the contrary will be taken as contempt,” said Kita.

In a letter dated July 2, Kita, writing to DPP lawyer Gilbert Khonyongwa wondered why the party had gone ahead to call for the meeting, yet the injunction case is set for today in court where the party is fighting to discharge the order.

Wrote Kita: “The very fact that you have taken out an application to discharge the order of injunction is a recognition that there is a valid order of injunction operating on your clients, otherwise it would be otiose for them to do so. We Wonder how your clients have gone ahead to set down a meeting hours before the court attends to their own application, giving an impression that they know in advance the decision of the court in circumstances when they should not.

“It is against this background that we call upon yourself to advise your clients to call off the said meeting failing which we are under strict instruction to commence contempt of court proceedings against them which we shall pursue to the very end.”

Kita has also indicated that they expect to cross-examine Namalomba in court today when the court sits on the matter.

The High Court in Lilongwe granted the injunction to deputy director of political affairs Billy Malata who, in his sworn statement, argued that the people who were invited to attend the meeting were more than those recognised as members of the NGC under the DPP constitution.

Jeffrey told The Nation that the party’s central committee had set June 24 for the party’s NGC meeting to appoint dates for the conventions. She said the first convention was for delegates to adopt changes to the party’s constitution as proposed by the functional review committee while the second would be for delegates to elect new office-bearers.