Richard Msowoya, others obtain injunction


The High Court in Blantyre has granted an injunction to Speaker of Parliament, Richard Msowoya, and other senior members of the Malawi Congress Party (MCP) who were suspended from their positions by the party’s National Executive Committee (Nec) restraining the party from implementing decisions against them.

The suspensions of Msowoya from his position as first deputy president, Kaliwo as secretary general, Tony Kandiero as director of international relations and James Chatonda Kaunda as first deputy secretary general were announced after the Nec meeting which took place on Sunday.

The meeting also resolved to suspend the membership of Salima North West Member of Parliament, Jessie Kabwila, in the party.


But According to an order of injunction which High Court judge, Healey Potani, granted the five, Chakwera and Ezekiel Ching’oma and all Nec members are restrained from implementing the decision of summoning the five to a disciplinary hearing.

“Until the hearing of interpartes application for an injunction or until further order, the defendants must either by themselves, their agents, servants or otherwise howsoever, be and are hereby restrained from inviting the claimants to a disciplinary inquiry or suspending them from their membership of the Malawi Congress Party or from performing the duties of the positions that they hold in the party,” reads the injunction.

Their lawyer, Kalekeni Kaphale, said the five had convinced the court to grant them the injunction.


“The reasons for the application are many. When the court read the documents we submitted, they found that we have raised enough material to warrant the granting of an injunction,” Kaphale said.

Second deputy secretary general, Eisenhower Mkaka, who the party appointed as acting secretary general following the suspension of Kaliwo and Chatonda Kaunda, said the party was yet to receive the injunction.

“We haven’t been served with the injunction. We can appropriately comment after seeing the injunction,” he said.

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