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Nankhumwa snubs DPP

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Leader of Opposition in Parliament Kondwani Nankhumwa did not appear before a national disciplinary committee of the Democratic Progressive Party (DPP) on Wednesday, as he was attending parliamentary business.

In a written response, Nankhumwa’s lawyer Daniel Sato confirmed that he wrote the DPP disciplinary committee on Tuesday informing it of his client’s inability to attend the disciplinary hearing.

Nankhumwa (R) with Mutharika before the fallout

In his communication to the committee, the lawyer also cited the venue not being neutral as it is connected to George Chaponda, who is also chairperson of the disciplinary committee.

Sato said he had communicated to the committee that Nankhumwa was not available as Parliament is in session.

He said: “As member of Parliament and Leader of the Opposition, it is important that Hon. Nankhumwa attends to his national duties. Nonetheless, we have also communicated our client’s disagreement with the venue of the disciplinary proceedings as we have been reliably informed that the venue has a proprietary connection to Dr. George Chaponda.

“We have, therefore, requested that should the proceedings be rescheduled, the committee should choose a neutral venue to guarantee Hon. Nankhumwa’s safety, as well as to eliminate any semblance of biasness.”

Sato added that Nankhumwa is a law-abiding citizen and would avail himself before any lawfully constituted committee at any time after parliamentary business.

The DPP national disciplinary committee on July 25 summoned Nankhumwa, who is also the party’s vice-president (South), to a disciplinary hearing scheduled to take place in Lilongweon Wednesday at Dream Village in Area 43.

The committee accuses Nankhumwa of undermining the authority of the party’s president Peter Mutharika for holding whistlestop tours in Blantyre between July 15 and 25 2023 without seeking approval.

The letter, signed by the disciplinary committee’s secretary Jean Mathanga, warned Nankhumwa that he may be expelled from the party or suspended or censured if he was not going to avail himself before the committee.

The committee’s chairperson Chaponda said in a written response on Wednesday that their lawyer was responding to the issues Nankhumwa raised and they were rescheduling the meeting to a date to be agreed upon.

The letter summoning Nankhumwa also warned him against mobilising supporters to disrupt the hearing.

Ironically, the committee was appointed at the party’s recent controversial national governing council (NGC) in Mangochi, which is subject to court proceedings in the High Court.

According to the letter dated July 25 2023, it informed Nankhumwa that the committee received a complaint from the party’s deputy secretary general, Aaron Sangala, on his alleged conduct which contravenes the DPP constitution.

He will therefore be charged with undermining the authority of the president contrary to Article 6 (vii) and (ix) of the DPP constitution.

“You conducted whistle-stop tours in the Southern Region without seeking approval from the president…and thereby undermined the authority of the president…and displayed disrespect to the leadership of the party,” reads part of the letter.

The committee further informed him that it wants to hear his side of the story before it makes recommendations to the party’s central committee.

“Take notice that if you fail to attend the disciplinary hearing without any justifiable reasons, the committee has the power to make recommendations to the central committee for necessary sanctions including expulsion, suspension or censure,” it reads.

A party official Billy Malata recently obtained an injunction to stop the recent NGC, but the party obtained a stay order from the Malawi Supreme Court of Appeal that allowed them to proceed with the NGC.

When he granted the DPP the stay order, Justice of Appeal DingiswayoMadise ordered the party to file a fresh application with notice within seven days for the continuation of the order of stay.

He gave Malata and his team 14 days to respond and ordered that Malata be allowed to attend the NGC. But Malata did not attend.

The DPP failed to file the notices at the end of the seven days.

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, conspiring to mislead Mutharika and failing to explain his education background.

Last year, Nankhumwa also fought with the party over rallies he conducted at Nyambadwe Primary School in Blantyre. The party said he never sought its permission to hold the rally.

Cracks in the DPP came to light after its embattled secretary general Greselder Jeffrey in August 2020 told The Nation that Mutharika, who lost the June 23 2020 court-sanctioned Fresh Presidential Election to President Lazarus Chakwera, had done his part and that the party needed a new person to lead it into the future.

But the party later fired her alongside Nankhumwa, treasurer general and Rumphi North legislator JappieMhango and Mulanje West legislator Yusuf Nthenda.

The matter ended in court and was concluded. However, the party still remains divided with one camp led by Nankhumwa and another by Mutharika amid the succession challenges.

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