The High Court sitting in Lilongwe has nullified the Democratic Progressive Party (DPP) Disciplinary Committee on the basis that it is unconstitutional.
The constitutionality of the committee was challenged in the court by the party’s vice president for the Southern Region, Kondwani Nankhumwa.
Nankhumwa challenged the committee after it called him to a disciplinary hearing after he conducted whistle-stop tours which the party said did not have the blessing of party president Peter Mutharika.
According to a default ruling which was given after the DPP failed to counter-argue Nankhumwa, High Court Judge Howard Brighton Pemba nullified the committee.
“It is declared that the defendant’s disciplinary committee is unconstitutional. The defendant’s constitution, in Article 15(1) [provides for] its composition [but the current one] is more than one prescribed by the said article,” the judgement reads.
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DPP spokesperson Shadric Namalomba said in an interview that they are shocked with the ruling but said it is too early for the party to divulge more details about their stand.
“We will have to sit down with our legal team and be appraised on the judgement because we have also just seen it today (Wednesday). Therefore, it is too early to make a comment,” Namalomba said.
Just this week, the party’s disciplinary committee announced that it had suspended Mwanza Central parliamentarian Nicholas Dausi for misconduct.
A statement from the party, which Namalomba signed, indicated that the decision followed a recommendation of the disciplinary committee.
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“This follows a recommendation by the Disciplinary Committee and a decision by the Central Executive Committee of the party which found Hon. Dausi guilty of three misconducts contrary to Article 6(1) (vii) and (viii) of the DPP constitution,” the statement indicated.
According to the statement, Dausi ceases to be a member of the party.
However, with the court’s rulling, Dausi could be back in the party.
In August this year, the High Court sitting in Lilongwe granted Nankhumwa an injunction that restrained the DPP Disciplinary Committee from summoning him to a hearing.
The disciplinary committee summoned the DPP Southern Region vice president to a hearing in Lilongwe on August 3 this year.
