The High Court sitting in Lilongwe Tuesday nullified a resolution by the Malawi Congress Party (MCP) National Executive Committee (Nec) that barred some individuals from contesting at the party’s elective convention.
Earlier this year, the MCP Nec announced several eligibility criteria for seeking seats at the convention, including a requirement that candidates be party members for at least two years.
Eddie Banda challenged these criteria in court, arguing that as an MCP member, it was unfair to prevent him from seeking a position on the Nec.
In a verdict delivered Tuesday, High Court Judge Howard Pemba invalidated the Nec’s eligibility terms.
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“The resolution passed by the defendant’s Nec on or around February 28, 2024, which restricts the rights of ordinary party members to participate in Nec elections, is inconsistent with the rights granted to members under the party’s own constitution.
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“It also contravenes Section 40 of the Constitution of the Republic of Malawi. For this reason, I set it aside as null and void,” the judge declared.
He stressed that it is a constitutional right for every individual to form, join and participate in political activities and recruit members for a political party.
Pemba also noted that the contested Nec resolutions undermine MCP’s own objectives of promoting and protecting human rights and civil liberties as outlined in its constitution.
“It also violates the values of the Republic of Malawi Constitution by depriving party members of their right to fully participate in choosing their leaders. It is a constitutional principle that power must emanate from the voters,” he said.
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Banda’s lawyer, Khumbo Soko, expressed confidence that MCP would comply with the court order.
“I see no reason why the party would not, especially since it is a governing party that should set an example. The court has ruled against them, and we expect compliance,” Soko said.
MCP’s lawyer, Abison Chitukula, said the party would respect the court’s verdict.
Before the court’s ruling, the elective convention committee announced that it had barred 20 individuals from competing for Nec seats at the elective meeting for allegedly failing to meet the eligibility criteria.
The barred individuals include engineer Vitumbiko Mumba, who has been campaigning for the first vice president role.
The committee’s chairperson, Kezzie Msukwa, said they received 224 nominations but approved only 204.
Msukwa added that the final decision on the candidates was made by the party’s management meeting held on Monday evening, chaired by MCP leader and State President Lazarus Chakwera.
Chakwera is expected to run unopposed for the party’s leadership seat.
MCP’s elective convention is scheduled to take place from August 8 to 10, where new leaders will be elected in preparation for the 2025 General Elections.
The party’s spokesperson, Ezekiel Ching’oma, had earlier told reporters that the court verdict would not affect the eligibility of the rejected candidates.
However, last evening, Ching’oma said the party would hold a press conference in response to the ruling.
Following the approval of candidates, Ahmed Dasu is set to contest for the first vice president position against Homeland Security Minister Ken Zikhale Ng’oma, Msukwa, Speaker of Parliament Catherine Gotani Hara, and Information Minister Moses Kunkuyu.
The position of Secretary General (SG) is also expected to be highly contested, with incumbent Eisenhower Mkaka facing Cabinet ministers Simplex Chithyola Banda and Richard Chimwendo Banda, former Presidential Advisor Chris Chaima Banda, MCP Treasurer General Albert Mbawala, and Kamphambe Nkhoma.
Meanwhile, at a press briefing last evening, Human Rights Consultative Committee Chairperson Robert Mkwezalamba urged MCP to adhere to the court’s decision.
“MCP now faces a critical decision to honour the court’s order by allowing those barred to contest at the upcoming convention or pursue an appeal through the appropriate legal channels,” Mkwezalamba said.
Mumba was not immediately available for comment but posted on his Facebook page: “Be still. This is just passing wind.”
Alex Major, a former MCP member of Parliament barred from standing for the SG position, said only the convention could prevent him from running.
Major questioned why seven members of the vetting committee are also contesting at the same convention, suggesting possible unfairness in the vetting process.
