Supreme Court dismisses Jeffrey’s appeal
The Malawi Supreme Court of Appeal on Wednesday dismissed with costs an application for an injunction by three senior Democratic Progressive Party (DPP) officials protesting an inter-party reshuffle, among others.
The three, Kondwani Nankhumwa, Cecilia Chazama and Grezeldar Jeffrey also wanted an injunction not to appear before the party’s disciplinary committee today, and nullify the December 13 national governing council (NGC) meeting in Mangochi.
This means the three will assume their new roles, but also have to appear before the party’s disciplinary committee for allegedly disrespecting its leadership.
In the reshuffle, DPP president Peter Mutharika stripped Nakhumwa of the role of vice-president (South) and made him his adviser alongside former director of women, Chazama. He also moved Jeffrey as secretary general to vice-president (Centre).
Their first attempt to stop the decision was dealt a big blow last week, when High Court of Malawi judge Howard Pemba threw out their application on the matter, saying, they failed to demonstrate that they have an arguable and good claim against the party.
In her ruling on Wednesday, Justice of Appeal Dorothy NyaKaunda Kamanga said the application was premature, and that they did not exhaust all internal conflict resolution mechanisms within the DPP, before taking to the courts.
She said the Supreme Court did not have jurisdiction over the application because the applicants did not appeal the High Court judgement which refused them an injunction.
DPP lawyer Charles Mhango expressed satisfaction with the ruling, saying the lower court made some determinations of finality on some issues and that the applicants should first have appealed the lower court ruling.
He said: “We are very pleased with the ruling of the Supreme Court. The ruling will help the DPP to restore discipline and respect for the party leadership and structures.
“As for the disciplinary process scheduled for January 4 2024, the same will go ahead and we expect that those who have been summoned will turn up to account for their actions.”
Nankhumwa in a statement said he accepted the court’s decision.
Today, alongside Chazama, Jeffrey and Zomba Chisi lawmaker Mark Botomani, he is expected to appear before a disciplinary committee at Edge Water Court in Lilongwe.
In letters to the four, the DPP accuses them of undermining authority of party leader Peter Mutharika and disrespecting party leadership contrary to Article 6 (v, vii and ix) of the DPP constitution.
Article 6 (v) of the DPP constitution states that each member of the DPP shall obey and carry out all lawful instructions given by a senior member of the party to whom he reports in the performance of his functions in the party or to whom he is otherwise answerable by reason of rank.”
Mulanje South West legislator George Chaponda replaced Nankhumwa as vice-president (South) while Thyolo Thava parliamentarian Mary Navicha fitted into Chazama’s previous role as director of women and Clement Mwale is the new secretary general.
Cracks in DPP came to light after Jeffrey in August 2020 told The Nation that Mutharika had done his part and that the party needed a new person to lead it and called for a early convention.
