The High Court in Lilongwe has begun hearing a case in which Malawi Congress Party (MCP) “member” Eddie Banda seeks to overturn a resolution that bars newcomers from vying for executive positions.
Banda filed the lawsuit earlier this month after the party’s national executive committee (NEC) in February this year passed a requirement stipulating that those without two years’ leadership experience within its structures are ineligible.
During the session before Judge Howard Pemba yesterday, Banda, MCP secretary general Eisenhower Mkaka and the party’s witness Jailos Zacchaeus Banda, the district secretary for Lilongwe rural east, were cross-examined.
Both the defence and claimant lawyers framed their questioning around the validity of Banda’s membership after MCP, in its defence filed on July 10 2024, argued that the applicant is not a member; hence, his application must be rendered invalid.
Taking on Banda, MCP lawyer Abison Chitukula said Article 13 of the party constitution stipulates that membership is through application.
He wondered if he has a copy of the application, to which he responded: “No.”
Banda argued in his testimony that he was a member as he belonged to the Malawi Young Pioneers (MYP), a defunct paramilitary arm of MCP, and he has also been a security officer for party monitors.
In the case, registered as civil cause number 86 of 2024, Chitukula further questioned if that qualifies him to be a member and he responded affirmatively.
The two sides agreed to a declaration that prior to 1993, every adult was a member of MCP, which operated as one-party State.
When the applicant’s lawyer Khumbo Soko took on Jailosi Kwayunkwayu, who is opposing Banda’s membership as his name is not in the registry, asked if he had evidence to prove that Banda left the party after 1993, to which he said: “No.”
Soko also put that question in re-examining Banda if, at all, he joined another party. He denied.
Soko also made Kwayunkwayu read the MYP Act which spelled out that the members belonged to MCP.
Mkaka’s turn on the dock was brief but somewhat controversial as he differed with Kwayunkwayu on membership fee. He said members do not pay while earlier the district secretary said the fee was pegged at K100.
Soko also asked Mkaka if he applied for membership prior to joining the party but said that requirement did not apply at that time.
The Lilongwe Mpenu lawmaker said the registration is in line with the provisions of the Political Parties Act.
In his application, Banda wants the NEC decision overturned as the party heads for an elective convention slated for August 8 to 10 2024. He argues that the decision by the MCP NEC is inconsistent with the party’s constitution.
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