The High Court has put CSOs in Malawi in their rightful place telling them they have no legal basis to take court actions against government claiming they are doing so on behalf of the people of Malawi.
The court made the landmark ruling today when it also ordered the unfreezing of the accounts of the ruling DPP over the K145 million donation case.
The court has told Charles Kajokoweka and his organization, Youth and Society (YAS), who obtained a freezing order of the DPP account, that they have no locus standi in the case. That is to say they have no right or capacity to bring an action or to appear in a court on behalf of the people of Malawi.
The court said YAS or any self-created NGO has no statutory or constitutional mandate to bring actions on behalf of the people of Malawi.
It said CSOs cannot claim to represent Malawi as only councillors, MPs and President represent Malawians because people elect these officials, not CSOs, to represent them.
The court also discharged the freezing orders of the DPP account and ordered YAS to pay costs to the DPP in the case.
This landmark ruling is proof that CSOs have been usurping the mandate of representing Malawians from the officials the people elected.
Kajoloweka obtained a freezing order of the DPP accounts over the K145m donation which the party received from Pioneer Investment.
DPP returned the donation to the donor after it was discovered that Pioneer Investment is under ACB investigation in connection with a police contract. Analsysts Mustafa Hussein and Peter Jedegwa hailed DPP for returning the donation.
“The party has scored a political point over those who were trying to create a mountain over the matter.
“By returning the donation, DPP has proven its integrity and sound moral standing as we move towards the elections.
“The party has demonstrated maturity tp rise above criticisms and return the money to the donoe. This is what leaders who champion integrity must do,” Hussein was quoted in the media.
CSOs and opposition parties thought they had a political leverage on the donation as they frantically tried to smear the DPP in the fraud investigation which is ACB is conducting on Pioneer Investment.
The critics got a further slap on the face when ACB cleared both President Mutharika and the DPP from any wrong doing in the case.