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Court rules in favour of MCP in Gustav Kaliwo case

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The High Court in Blantyre has ruled in favour of the Malawi Congress Party (MCP) in a case involving the party’s suspended Secretary General, Gustave Kaliwo, and five other senior members against the party’s president.

The others, Richard Msowoya, Tony Kandiero, and James Chatonda Kaunda were suspended from their various positions in the party while Salima North West Member of Parliament, Jessie Kabwila was suspended from the party.

Kaliwo and the other officials obtained an injunction stopping the party’s National Executive Committee from implementing the resolutions discussed during its meeting.

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However, the party challenged the injunction on the basis that the defendants had made fresh applications after they had taken further steps in the proceedings.

In its ruling, the court said having looked at both arguments, the defendant’s application must succeed and the claimant’s application must fail with costs.

“The Registrar (under 5 and 9 rule) failed to reject the irregular summons at the time it was being filed. [The Registrar] cannot simply look away when the fact of the irregularity is later brought to the attention to his or her attention. The fact that the initial directive prescribes the correct time periods does not regularise the defective summons,” reads part of the judgement.

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The injunction that was obtained by Kaliwo and others also restrained the party from summoning the senior officials to a disciplinary hearing.

Meanwhile, MCP Acting Secretary General, Eisenhower Mkaka, has told The Daily Times that the party intends to focus on its forthcoming convention now that the injunction has been vacated.

“The injunction that they obtained has been removed and the party is no longer grounded by that injunction. The party is now free to make decisions regarding the suspension and other things but that is not the route that the party will take because now the main focus is the convention because these people will be free to contest during the convention. The party is giving them the freedom to contest regardless of the state they are in,” he said.

Msowoya was suspended from his position as First Deputy President, Kandiero as Director of International Relations, and Chatonda Kaunda as First Deputy Secretary General.

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