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MCP wants Gustav Kaliwo case discontinued

The Malawi Congress Party (MCP) wants to discontinue a case in which the party and president Lazarus Chakwera obtained an injunction stopping secretary general Gustave Kaliwo from calling for an emergency convention.

In April 2017, Kaliwo called for a convention that was supposed to be held from July 7 to 9 2017 with a claim that the growing concerns among MCP district chairpersons necessitated a convention for resolutions.

But, in June last year, Chakwera and the party obtained an injunction against the planned convention with an argument that Kaliwo was supposed to formally put across to the party’s National Executive Committee the request by the chairpersons. The matter has been in court for hearing.

Speaking after meeting judge Charles Mkandawire in his chamber on Thursday, MCP lawyer, Titus Mvalo, said their proposal to have the case discontinued does not mean they have a weak case.

“We thought it should be a clean disengagement on matters that really could have been resolved within the party. Nobody won, nobody lost at the end of the day. The judge ordered that he has agreed with our proposal all along but it is only a proposal.

“We will make a formal application. We came here to seek discontinuation and we have been ordered to make a formal application and we should file that application within two days and we will do so,” Mvalo said.

He said Kaliwo’s team insisted that the hearing of the matter should continue with the initially anticipated cross-examination of Chakwera while waiting for the court’s determination but the MCP feels that would be a mere academic exercise.

Kaliwo’s lawyer, Powell Nkhutabasa, said their position is that actions that were undertaken by his client were a proper way of doing things, and they wanted the case to reach its logical conclusion.

“But now the party and Dr Chakwera are opting out of this matter. We have no choice. They are claimants, they have that right but a lot of time has been lost,” Nkhutabasa said.

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