LILONGWE-(MaraviPost)-A leaked email that Malawi Congress Party (MCP) Second deputy Secretary General Eisenhower Mkaka, circulated to the party’s National Executive Committee (NEC) has implicated its Leader Dr. Lazarus Chakwera for using illegal NEC which has caused the party facing numerous court battles.
The emailed dated on March 9th 2018 with a subject: “Circulation of Reviewed Constitution in Accordance with Article 66” with the intention to notify the NEC of proposed amendments to the MCP Constitution has backfired as this will be used as part of the evidence against Chakwera’s illegal NEC, credible internal sources can confirm.
The email which is signed off by Mkaka himself as the party’s self-proclaimed Acting Secretary General, that the party leadership has snubbed, reads in part;
“As you may recall, the National Executive Committee resolved to have the Party’s Constitution reviewed. In keeping with Article 66 sub article 1 paragraph a, ‘Notice of such alterations or amendments is sent to the National Executive Committee at least 21 days before the date of the convention’; and paragraph b, ‘Two-thirds of the delegates present at the Convention and entitled to vote in support of the alterations or amendments.’
Mkaka therfore ends his email by disclosing that ‘The Constitution was amended in a consultative process involving legal minds (including Rt. Hon. Louis J. Chimango who was the brain behind the 2003 Constitutional amendment) and technical people.
The amended Constitution is hereto attached in keeping with the provision above. Please note that a Summary of the amendments is also hereto attached to ease reference.’
The proposal contains 22 amendments which include the following:
1. article 2, typos
2. article 13 on resignation of members to notify NEC and local branch levels
3. article 14 (2) authorizing the NEC to fire members who were duly elected at the Convention unlike the current scenario,
4. article 14 (4) removing the need for any dismissed member of the party to have their cases discussed or appeal at a convention within 6 months of such dismissal. This is to support the NEC firing elected Members willy-nilly;
5. articles 16(2), 17(1), 18(1), 19(1), 20(1)(a), all to do with increasing tenure of Local Branch office holders to 5 yeas instead of current provision of holding elections every three years
6. articles 21(1) and 23(3) dealing with attendance of meetings and firing of members who fail to attend 3 consecutive meetings
The circulation does not miss the controversial issue that is in court on the composition of the NEC by proposing to include expanded positions and their roles and tenures in articles 23, 24(1), 24(2), 30(1). This confirms the claims that Chakwera has been using illegal NEC all along because such amendments are only being proposed now.
The circulation further includes amendment to articles 30(2) and 36 on increasing tenure of party president from 2 terms to allow him/her to contest for a 3rd and final term, if he/she is elected in a general election.
The other amendments are proposed another controversial article 40 on calling for emergency Convention to include the decision by NEC.
It is evident that the majority of proposals are to give more powers to the National Executive Committee which is taking away the spirit in the original document which empowered the members and owners of the party.
“The NEC is being given too much powers to deal with matters of the party and there is no sense of stewardship or accountability to the owners of the party. Even Kamuzu did not attempt to dis empower the local members of the party. What these people are doing is crazy and shows lack of knowledge of what MCP stands for.” Complained one of the veteran member of the party.
This also exposes Chakwera on the current case in court because the amendment on NEC composition to be expanded to include other positions and second deputies is only coming now after they have already been in office for almost 3 years.
“Obviously, this is an illegal NEC. It has always been an unconstitutional NEC. And the email from Mr. Mkaka has exposed and implicated Chakwera. He has been caught pants down of using an illegal NEC which has also made a number of controversial decisions.
“This illegal NEC even went further to suspend duly elected members of the legitimate NEC. This is strong evidence against Chakwera and he must brace for more trouble and chaos,” observes one political commentator.
Currently, the party is just waiting the court injunction ruling of its decision to suspend its first deputy president Richard Msowoya, Gustavo 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 suspend Salima North West Member of Parliament, Jessie Kabwila, from the party.