By Alick Junior Sichali
The case in which Forum for National Development [FND] sued Speaker of Parliament Richard Msowoya to stop performing his duties of the post has been adjourned to a date to be advised by the High Court in Blantyre.
On Monday, 24 September the court was expected to continue hearing the case after it was adjourned on 28 August following the appeal from FND lawyers to prepare to answer the objections made by state lawyers.
In an interview with State Lawyer, Owen Chuma, confirmed the development saying the case has been adjourned to a later date.
“When we came to court on 28 august, lawyer for FND asked for an adjournment so that he could respond to the objections.Then the matter was adjourned to today at 2:00 o’clock but when I arrived at the court i was told that the judge who was abraod had arrived home last Saturday and that he was not prepared to hear the matter today. So it has been adjourned to a date to be advised,” Chuma said.
On the court proceedings of 28 August, State Lawyer, Owen Chuma filed two objections in the court.
In his application Chuma raised a preliminary objection saying FND sued a wrong party (Office of the Speaker of National Assembly) saying they were supposed to sue the Attorney General’s office.
He said the office of the speaker is a public office so it cannot be sued in the case hence asking the removal of the office in the matter.
Chuma further said that FND has no interest on the matter as it cannot stand for Malawians saying they are presented by member of parliament.
“FND does not have locus stand or Sufficient interest in this matter. They do not represent Malawians because Malawians are represented by MPs, this issue can only be resolved by an MP to move a motion to impeach him for crossing the floor,” explained Chuma.
Yesterday the court was supposed to make its rulling on weather to grant an injuction after hearing both the preliminary objections and the substantive matter.
In June the then MCP’s Vice President announced his resignation from the party saying he will continue serving his constituents as an independent lawmaker.
Msowoya said Malawi Congress Party leadership is no longer standing on its pillars that it has been promoting for decades, hence his resignation.
Msowoya then joined United Transformation Movement (UTM) after days of his resignation announcement.
After the speaker’s announcement to joining UTM, Forum for National Development made an application for an order of interlocutory injunction restraining Richard Msowoya from exercising functions and duties of the office of the Speaker and restraining the Office of the Speaker of National Assembly (OSNA) from recognizing Msowoya as Speaker and further restraining OSNA from according him any rights or privileges that are accorded to Speaker of NA.
This is beause FND alleges that Richard Msowoya crossed the floor when he dumped MCP and joined UTM
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