The High Court in Lilongwe Wednesday vacated an injunction obtained by Democratic Progressive Party (DPP) members Joe Thomas Nyirongo and Kenneth Msonda restraining the party from recognising all positions appointed to the party’s National Governing Council (NGC) after the 2018 National Political Conference.
High Court Judge William Msiska delivered the ruling in his chamber.
Following the ruling, the DPP can now recognise positions appointed into the NGC by the party after the 2018 conference, including that of party’s spokesperson Shadric Namalomba.
Among others, Nyirongo and Msonda were seeking the court to make a declaration that by not calling for a mid-term National Political Conference meeting since 2018 when the DPP had its last National Political Conference, the party violated Article 8(4) of its constitution.
In its opposition to the application, DPP through the sworn statements of its Administrative Secretary Francis Mphepo argued that Nyirongo and Msonda misled the court by claiming that they are members of the DPP NGC.
Mphepo argued that Msonda is not and has never been a member of the DPP NGC and that Nyirongo was erroneously elected into the NGC as Deputy Director of Operations as he had within seven years preceding the convention been convicted and sentenced to six years imprisonment.
Mphepo also submitted to the court that Nyirongo and Msonda misled the court to believe that the Central Committee can only make interim appointments to all positions of the party subject to final endorsement by the NGC.
“The truth is that the Central Committee has powers to make interim appointments to all positions of the party subject to final endorsement by the National Political Conference and not the National Governing Council,” he said in his affidavits.
In his ruling, Justice Msiska observed that the claimants are two in number, while the DPP has a big and substantial membership that seems happy with how the party through its structures is running its affairs by, among other things, filling vacant positions pending endorsement by the National Political Conference.
“The Court, therefore, holds that the balance of convenience militates against maintaining the interlocutory order of injunction that was granted on 31 January, 2022,” the judge said.