Engineer Mumba goes hard on MCP: Demands to be approved to contest by 12:30 today, or he goes to court

Engineer Vitumbiko Mumba—one of the aspirants for the Malawi Congress Party (MCP) first deputy president position—has gone on offensive demanding that the party to “immediately” reverse its decision to omit him from the list of contestants and warned that if the party does not act by 12:30pm today, he will seek legal redress.

Mumba has made the demand through lawyer Khumbo Soko.

Mumba is among 20 contestants missing on the list presented yesterday by the party, ahead of the party convention that starts in Lilongwe tomorrow.

In the letter dated 7 August 2024, the lawyer said as the court nullified the eligibility criteria for one to be elected into the party’s National Executive Committee, there is no justification for his exclusion.

Here is the letter:

We have been retained by Hon. Engineer Vitumbiko Mumba with instructions to address you as below.

1. Our client, on 10 July 2024, submitted his nomination form to contest for the position of First Deputy President of your esteemed Party. On 6 August 2024, the Party released a list of ‘approved and vetted’ candidates that did not include his name. Our client states that no reasons have been given to him for this omission.
2. We have had occasion to carefully consider our client’s nomination papers – a copy of which has been attached to this letter – and a decision of the High Court of Malaŵi rendered on 6 August 2024 in the case of Eddie Banda v Malaŵi Congress Party, Civil Case No 86 of 2024, nullifying the eligibility criteria for election into the Party’s NEC, which the Party had set in February 2024. We are of the firm view that there is no bar to our client contesting for the position of First Deputy President and accordingly our view is that the decision to omit him from the list of ‘approved and vetted’ candidates is not legally sound.
3. We are instructed, therefore, to demand as follows:

(a)    That the Party immediately reverses its decision to omit our client from the list of ‘approved and vetted’ candidates, eligible to contest for the position of first deputy president at the elective Convention scheduled for 8 August 2024.

 (b)   That should the Party elect to stand by its unlawful decision to exclude our client from participating at the elective Convention that reasons in writing justifying this decision be made available to us.

4. Should our client’s grievances remain unresolved by 12:30 Hours today, 7 August 2024, we will have no option but to seek court redress.
5. Our client reiterates his commitment to the Party’s values and hopes that this issue can be resolved expeditiously, soberly and constructively, guided by the Constitution of the Party as ably interpreted by His Lordship Justice Howard Pemba in the case of Eddie Banda v Malaŵi Congress Party, Civil Case No 86 of 2024. Our client remains hopeful, therefore, that decisions that build the party and that obviate the need for litigation – which by its very nature is a source of distraction – will be made in this matter.

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