Malawi Law Society (MLS) has disclosed that it will review a judicial case it initiated at the High Court on sponsors of four political parties during the court-sanctioned 2020 fresh presidential election.
The case demands the Registrar of Political Parties to provide information about sponsors of the Malawi Congress Party (MCP), Democratic Progressive Party (DPP), the UTM Party and the United Democratic Front (UDF).
According to MLS honorary secretary Gabriel Chembezi, the recent appointment of Kizito Tenthani as Registrar of Political Parties addresses some of the questions that the court case was meant to deal with.
Chembezi was responding to Weekend Nation inquiries on how MLS plans to address the ongoing court case in light of the appointment of Tenthani.
He explained that the case was last set for hearing on April 8, 2024 and now awaits a fresh date because the judge handling the matter had proceeded on annual leave.
Said Chembezi: “So, before the next court appointment, which is yet to be set, we will review the matter and determine which aspects still require judicial guidance.”
Tenthani was appointed in April this year and is, among others, expected to champion the implementation of the Political Parties Act, which became operational in December 2018, but parties have not consistently complied with its provisions.
In July and September 2021, MLS asked the registrar to provide a list of political party financiers amid fears that political parties were captured by businesspersons who look to benefit once the parties are in power.
But the Registrar of Political Parties did not provide the information, prompting MLS to apply to the High Court for a judicial review of the decision.
In May 2022, MLS dragged the then acting registrar Chikumbutso Namelo to court for failing to provide records of political party funding in line with the Political Parties Act of 2018.
The High Court on May 19 2022 granted the Law Society permission to apply for the judicial review.
In October 2022, the High Court dismissed an application by the Registrar of Political Parties to discharge permission for judicial review sought by MLS on grounds that the Law Society did not pay K20 000 to access the information as required by law.
Giving his ruling on the matter judge Michael Tembo said the legality of the requirement of payment of fees to access information called for further investigation at a full hearing of the judicial review.
The public has always feared some individuals or organisations financing political parties with anticipation of receiving favours when that particular party gets into government.
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