Malawi Congress Party (MCP) has asked the High Court to dismiss a lawsuit challenging its resolution barring new members from contesting for national executive committee (NEC) positions at the elective convention next month.
Party lawyers Maxson Arnold and Associates argue that the matter is outside the court’s perimeters as it is political.
“The correct avenue for resolution of the dispute is politics and the court is ill-equipped to resolve it. The claimant’s claims should thus be dismissed with costs,” reads the application, dated July 10 2024.
MCP member Eddie Banda sued NEC for its February 28 2024 resolution that bars members who have not held a position or have served less than two years in the party from contesting for a NEC position.
Banda, who wrote to the party leadership to reverse the rules, has asked the High Court for an expedited hearing and determination of the matter.
Through lawyer Khumbo Soko, Banda further argues that the decision by the MCP NEC is inconsistent with the party’s constitution and, therefore, seeks a declaration that such a decision is invalid.
He further states that after the resolution was made on February 28, being dissatisfied with it, he wrote MCP secretary general Eisenhower Mkaka on March 4 and 19, but got no response.
However, in its defence, MCP, which leads the governing Tonse Alliance, argues that Banda is not a member of the party.
“The claimant, not being a member of the party and without any political leadership experience within the defendant party’s hierarchy, is ineligible to contest for national executive committee positions…,” further reads the application filed as Civil Case Number 86 of 2024.
However, MCP rallies back pointing out that NEC acted within its legal mandate.
“The committee acted intra vires its powers under article 35(2) of the party’s constitution and made the rules and regulations prescribing eligibility criteria for those intending to contest for positions in the NEC,” through lawyer Abison Chitukula, the party protests.
Meanwhile, the High Court is expected to hear the case on 18 July 2024, as per Judge Howard Pemba’s notice on directions issued on July 1 2024.
MCP is expected to hold its convention between 8 and 10 August this year where all NEC positions, including that of president are up for grabs.
During a press conference a fortnight ago, convention steering committee chairperson Kezzie Msukwa announced that aspiring candidates will start collecting nominations from July 1 to July 15.
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