The High Court in Blantyre Friday failed to rule on whether to sustain or vacate the injunction obtained by Malawi Congress Party (MCP) vice president, Richard Msowoya’s faction, stopping the party’s convention and re-instating the faction back into the party’s politburo.
High Court Judge, Jack N’riva, could not give the ruling as the defence, represented by Robert Nthewa, had filed a new application on the matter.
Contents of the application could not be divulged as the Msowoya faction, represented by former Attorney General Kalekeni Kaphale and MCP Secretary General Gustave Kaliwo, had not been served yet.
N’riva told the two sides that he will give a ruling when the other side [the Msowoya faction] is served with the application and High Court registrar will give a direction on how the matter should proceed.
Nthewa refused to comment on the matter and was whisked away by party zealots when the Malawi News sought an interview on the contents of the application.
It also transpired in court that the time the defence team was supposed to file a defence against the injunction had elapsed and no defence was filed.
Kaliwo said he was not aware of the application by the defence but by implication, the injunction is still active until ruling on the case.
“Apparently, there is an application before the court for the summons to be struck out, for what reason I am not able to see because we have not seen the application. So what the judge has said is that the result of that application that has been made by the defendants, who are Dr Chakwera and members of the National Executive Committee, will have an impact on whether he should rule on the injunction or not. Therefore, he has directed the matter should proceed for that application to be heard. Only thereafter shall he deliver a ruling,” he said.
However, date for the hearing of the application is yet to be known.
The injunction followed the suspension of Msowoya, who is also Speaker of Parliament, together with party Secretary General Gustave Kaliwo, his deputy James Chatonda Kaunda and Director of International Relations, Tony Kandiero and expulsion from the party of Jessie Kabwila, who is Member of Parliament for Salima North-west.
The order also stopped the party’s president Lazarus Chakwera, who is first defendant, and Ezekiel Ching’oma, MCP Acting Publicity Secretary who is second defendant representing National Executive Committee (Nec) members stopping them from inviting the claimants to disciplinary inquiries.
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