Speaker of Parliament, Richard Msowoya, and other senior members of the Malawi Congress Party (MCP) filed a fresh application for an injunction to restrain the party’s National Executive Committee (Nec) from suspending them.
The fresh application follows a decision made in court, earlier yesterday, by lawyer representing the complainants, Kalekeni Kaphale, to discontinue the case.
“We thought that we were wasting a lot of time talking about technical issues when we need to focus on the substance of the mater. They say the original proceedings as filed were irregular on the issue of the delay by less than 24 hours of the renewal of my licence but the law allows a party to discontinue a matter and recommence it. So, tactically, we believe we should take advantage of that facility which is available and recommence so we are recommencing this afternoon,” he said.
In an interview later in the day, Kaphale confirmed filing a fresh application but could not shed more light on it, saying there are no changes to the initial application.
“Everything is the same,” he said.
Lawyer representing MCP, Robert Nthewa, did not object to both the discontinuation and recommencement.
“We do not have a problem to discontinue the case [and] at the same time recommence [it]. The claimants will make fresh applications and I believe that, when that is done, the matter will still come for inter partes hearing,” he said.
MCP acting secretary general, Eisenhower Mkaka, said, as of now, there is no injunction and that the committee would, therefore, come up with a new date for disciplinary hearing.
“The discontinuation means there is no injunction… The disciplinary committee has to set up a date for hearing so that these people have to be taken through a disciplinary process,” he said.
Msowoya was suspended from his position as first deputy president, Kaliwo as secretary general, Tony Kandiero as director of international relations while James Chatonda Kaunda was suspended from the position of first deputy secretary general.
The Nec meeting also resolved to fire Salima North West Member of Parliament, Jessie Kabwila, from the party