One Eddie Banda is standing his ground, knuckles clenched and throwing to the face of the party a punch of ‘extreme urgency’. The party swears it will fight him off and all those who it believes have sent him
By Cathy Maulidi:
The road to Malawi Congress Party (MCP) convention in August seems to be setting itself up to be an injurious travel.
Two black cocks — in form of policy positions — do not see each other eye to eye and, with none of them unbending, they are squaring up for what is potentially a feisty battle.
One idea is that all members who have not held any party position before or have been is ultra vires the power of the committee to place limitations on who can run for election into the committee, which power is only available in respect of honorary members under Article 11 of the defendant’s constitution.
“The said resolution amounts to an amendment of the defendant’s Constitution which power can only be exercised by the party’s national convention, in terms of Article 66 of the Defendant’s constitution,” reads court papers we have seen.
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Banda who wishes to contest for the position of second deputy director of social welfare claims that he has been a member of MCP since he was born in 1964.
However, MCP has trashed Banda’s case, arguing he is not a member of MCP after all.
Secretary General Mkaka told Malawi News in an interview yesterday that the party believes Banda is not acting alone and that as a party they are ready to fight him and those he is working with in court.
“We are challenging the case. This is a case against MCP and we can’t just lie down. We will challenge it.
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“Banda is somebody who has just appeared from nowhere. We have not known him as an MCP member and we want to establish what his real intentions are. We 99 percent believe that he is not acting alone,” Mkaka said.
However, some officials within MCP said Banda is a “tried and tested” member of the party.
One such officials who has also previously served as Member of Parliament for the party said he has known Banda as a member for a long time despite him not holding a position in Nec.
“He has been a member of the party, just that he has never held any position. The party cannot accept him with the step he has taken,” said the source.
Banda’s lawyer Khumbo Soko said the party should raise its arguments in court.
“They should raise that in court and not through the media,” Soko said.
In his application, Banda pleaded for a speedy attention to the case.
He said the matter has to be expedited considering that the convention is just around the corner.
The court granted him his wish.
In his ruling, High Court Judge Howard Pemba ruled: “That the order of expedition and abridgment of time, be and is hereby granted.
“That the claimant serves his summons on the defendant within two days of the date hereof; that the defendant files and serves a defence within seven days after service of the summons.
“That the claimant files a reply, if any, within two days, of being served with the defence. That the parties appear before the court on July 18 2024 at 9:00 o’clock in the forenoon for a scheduling conference.”
Last week, the MCP convention organising committee chairperson Kezzie Msukwa told a press conference in Lilongwe that the party remains steadfast on its resolution to bar new members from vying for positions at the party’s convention.
However, the party’s resolution has come under criticism from some quarters, among which is the Church and Society Programme of the CCAP Synod of Livingstonia.
Its Executive Director, McBowman Mulagha, said earlier that the decision was a threat to democracy.
“Specific policies such as barring members from contesting in elections if they have not held any party position or have been members for less than two years raises serious concerns about democratic inclusivity.
“Such measures stifle the infusion of new ideas and leadership talents crucial for the dynamic governance of the parties. Democracy thrives on principles of equal opportunity and the right of individuals to seek elective positions, regardless of their tenure within the party,” Mulagha said.
