- The High Court in Lilongwe has clipped the wings of the new Malawi Congress Party national executive committee thereby rendering their decisions to fire some members as unconstitutional, null and avoid.
According to Civil Cause 336 of 2016, MCP members, Chatinkha Chidzanja Nkhoma and Dennis Nanthumba sought legal redress against Lazarus Chakwera, Potipher Chidaya and MCP as a party for acting unconstitutionally in dismissing them.
“The new Malawi Congress Party national executive committee (NEC) is unconstitutional. and illegal in terms of Article 30 of the Constitution of the Malawi Congress Party (MCP) and as such all its resolutions are unconstitutional, illegal and of no effect,” reads part of the judgement.
The Court has also ordered the defendants (Chakwera, Chidaya and MCP) to consider compensating Chatinkha and Nanthumba for damages and defamation during the course of their ‘trial’ within MCP and subsequent dismissals.
Chatinkha together with other prominent members like Felix Jumbe have been vocal against the leadership of Chakwera which they label as dictatorial and unaccommodating to diverse views.
The ruling means that Chatinkha and Nanthumba can continue using party insignia and other material in whatever political activity they undertake be it press conferences, party meetings among other events.
MCP continues to fail to gain political balance with growing dissatisfaction among party members on how Chakwera continues to make unilateral decisions that are slowly killing the party.