By Deborah Madeya:
The High Court sitting in Lilongwe has granted Leader of the Opposition in Parliament Kondwani Nankhumwa an injunction that restrains the Democratic Progressive Party (DPP) Disciplinary Committee from summoning him to a hearing.
Judge Howard Brighton Pemba granted the injunction Friday.
The disciplinary committee summoned the DPP Southern Region vice president to a hearing in Lilongwe on August 3 this year.
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The party alleged that, between July 15 and 25 2023, Nankhumwa conducted rallies in the Southern Region without seeking the go-ahead from the erstwhile governing party.
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The party said, in so doing, Nankhumwa undermined the authority of the party president, citing Article 6 (vii) and (ix) of the DPP Constitution, and threatened to expel him from the party if he failed to make it to the hearing.
“You are hereby given notice of a disciplinary hearing against you to be conducted by the Disciplinary Committee of the Democratic Progressive Party at the Dream Village in Area 43, Lilongwe, on Wednesday, the 2nd day of August, 2023 at 09:00 hours in the forenoon.
“Take note that if you fail to attend the disciplinary hearing without any justifiable reasons, the committee has the power to make recommendations to the Central Committee for necessary sanctions including expulsion, suspension or censure,” the summons reads.
However, Nankhumwa did not attend the hearing, with his lawyer Dan Sato saying he could not appear before the committee because he is immune from any legal proceedings since he is also a Member of Parliament for Mulanje Central Constituency.
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He said, since Parliament is in session, the lawmaker cannot appear before the disciplinary committee
Sato said this is according to Parliamentary Standing Orders.
Nankhumwa then applied for an injunction restraining the party from summoning him.
Speaking after yesterday’s inter-partes hearing, Nankhumwa’s lawyer, Wapona Kita, confirmed that the court had made the order.
He said their argument is that the disciplinary committee that is summoning his client has seven members against the party’s constitutional provisions, which indicate that the disciplinary committee has to have five members.
“It was an inter-partes hearing,” Kita said.
Lawyer for the DPP, Charles Mhango, said he was coming from former Cabinet minister Goodall Gondwe’s funeral, such that he needed time to consult the legal team that attended the court session.
