The High Court in Blantyre has adjourned to March 6 this year a case in which Malawi Congress Party (MCP) vice president, Richard Msowoya, and five other senior members obtained an injunction restraining the party’s National Executive Committee (Nec) from suspending them.
Lawyer representing MCP, Robert Nthewa, told the court that lawyer representing the applicants, Kalekeni Kaphale, has no valid licence; hence, he could not continue with the case.
High Court judge Healey Potani, agreed with the defendants and postponed the case.
In an interview after the court proceedings, Nthewa said the development means the applicant can neither proceed with the case nor ask somebody to sit in.
He said they are contemplating applying to have the case discontinued before March 6 when the sides meet for an inter partes hearing.
“In between, we are thinking of making an application because the law is clear; thus when you start an action and you do not have a licence, that action we call it as void, meaning to say the action is invalid and it was not even supposed to commence,” he said.
Kaphale admitted that his licence has not been renewed but was quick to say he is in the process of renewing it.
“The lawyer on the other side made an observation that I had not yet renewed my licence which is true. But we are in the process of doing that,” he said.
Lawyers renew their operating licences every year.
The MCP suspended Msowoya from his position of first deputy president, Gustav Kaliwo as secretary general, Tony Kandiero as director of international relations, James Chatonda Kaunda as first deputy secretary general and Jessie Kabwila as member of MCP.
A vibrant writer who gives a great insight on hot topics and issues