MCP sued over eligibility criteria
Malawi Congress Party (MCP) member Eddie Banda has sued the national executive committee (NEC) for its decision to bar new members from vying for positions at the August 8 to 10 2024 convention.
During the party’s February 28 2024 meeting, the NEC resolved to bar members who have held no position or have served less than two years from contesting.
Banda, who wrote to the party leadership to reverse the rules, has asked the High Court for an expedited hearing and determination of the matter.
Through lawyer Khumbo Soko, he has also asked the court to abridge the times for attending to the diverse protocols for managing the action.
In Civil Case Number 86 of 2024, Judge Howard Pemba has granted Banda his prayer and made further directions in the case. The notice on directions is dated July 1 2024.
Reads the court order: “That the order of expedition and abridgment of time, be and is hereby granted. That the claimant serves his summons on the defendant within two days of the date hereof; That the defendant files and serves a defence within seven days after service of the summons.
“That the claimant files a reply, if any, within two days, of being served with the defence. That the parties appear before the court on July 18 2024 at 9:00 o’clock in the forenoon for a scheduling conference.”
In court documents we have seen, Banda argues that the decision by the MCP NEC is inconsistent with the party’s constitution and, therefore, seeks a declaration that such a decision is a nullity.
He further states that after the resolution was made on February 28, being dissatisfied with it, he wrote MCP secretary general Eisenhower Mkaka on March 4 and 19, but got no response.
Soko said the party would be served with the documents yesterday and MCP publicist Ezekeil Ching’oma confirmed that they have been served.
The party’s director of legal affairs Titus Mvalo, who is also Minister of Justice, said he will guide the party on the matter.
Under Article 35 (2) of the party’s Constitution, the NEC is mandated to approve rules and regulations for the conduct of elections to the NEC provided that nothing shall prevent a member from contesting a lower office in the event that he or she fails to secure a higher office.
During a press conference last week, convention chairperson Kezzie Msukwa announced that aspiring candidates will start collecting nominations from July 1 to July 15.
