It is great news and victory for the Democratic Progressive Party (DPP) Vice President for the South, Kondwani Nankhumwa, following a High Court declaration that he was duly elected as the Leader of Opposition in Parliament. The High Court has further reinstated Nankhumwa as DPP Vice President and three others into their respective party positions.
In 2020, the erstwhile governing party expelled Nankhumwa, Gelzeder Jeffery and Jappie Mhango from their DPP positions as Vice President (South), Secretary General, and Treasurer General, respectively. The DPP had also expelled Yusuf Nthenda, DPP Member of Parliament (MP) for Mulanje West from the party.
According to the former party publicist, Brown Mpinganjira, the four were expelled on allegations of insubordination, by among others, rejecting the appointment of former Nsanje Central legislator, Francis Kasaila, as Leader of Opposition in Parliament.
Nankhumwa was replaced by Joseph Mwanamveka as Vice President (South), Samuel Tembenu was appointed Secretary General in place of Jeffrey, while Nick Masebo was appointed Treasurer General in place of Mhango.
But the expelled officials challenged their expulsion at the High Court. After a lengthy legal battle, the High Court sitting in Lilongwe on Thursday, May 5, 2022, granted eight (8) reliefs sought by the expelled members.
Justice Simeon Mdeza made a declaratory order that the expulsion of the Claimants is null and void due to being made contrary to the party’s own constitution as well as being an infringement on the Claimants’ rights as enshrined in the Constitution of Malawi; a declaratory order that the DPP Central Committee, which expelled the four officials, lacked mandate as it was irregularly constituted; a declaratory order that the disciplinary committee was irregularly constituted having been appointed contrary to the DPP constitution; that the replacements that were appointed in the Claimants’ respective positions within the party, their actions and decisions should not be recognized and acknowledged by the party; and a declaratory order that the 1st Claimant (Nankhumwa) is the valid Leader of Opposition in Parliament, having been duly elected by Members of Parliament belonging to the Democratic Progressive Party.
Justice Mdeza also made an order compelling the DPP to hold meetings of duly constituted National Governing Council (NGC) and Central Committee within reasonable time in accordance with the party constitution.
The court also ordered the defendants to pay costs for the action.
This High Court judgement clears an air of uncertainty surrounding the position of Leader of Opposition in Parliament. It unequivocally reconfirms Kondwani Nankhumwa as a legitimate Leader of Opposition in Parliament.
It is hoped that following this High Court judgement, any attempts to undermine Nankhumwa as Leader of Opposition in Parliament as well as DPP Vice President for the Southern Region will obviously be in contempt of court. It also means that Gelzeder Jeffrey is the legitimate Secretary General and Chief Executive Officer of the party, who is responsible for the day-to-day running of affairs of the DPP.
This High Court judgement has also brought back sanity in the DPP. Before the judgement, the party witnessed some of the worst undemocratic decisions and conduct, including expulsion of members without following the party’s constitution. The High Court judgement also effectively nullifies all executive appointments, which were made in contravention of the DPP constitution such as that of Shadrec Namalomba as National Publicity Secretary, when the duly elected position holder is Nicholas Dausi.
The judgement also effectively renders the position of Vice President for Central Region vacant because the current holder, Zeria Chakale was appointed in contravention of the party constitution.
The duly elected Vice President for the Centre, Uladi Mussa lost the position following his conviction on fraud related charges and abuse of office and he is currently prison sentence.
The DPP is expected to conduct a national convention next year, 2023 according to the party constitution to elect new office-bearers.
