The High Court in Blantyre, has this morning, set aside the case that Gustav Kaliwo and others commenced against MCP. The decision of the Court follows the application that was made by lawyers for MCP following an irregularity that was made by lawyers for Kaliwo and others, Kalekeni Kaphale Lawyers.
What this means is that the injunction which Kaliwo and others obtained, does not have legs to stand on and will subsequently be set aside by the Judge.
According to deputy publicity secretary of MCP, Reverend Maurice Munthali the ruling has come at the right time. This means doors have opened for the party to prepare for its convention.
Tag Archives: Gustavo Kaliwo
MCP “black sheep” Mkaka left in the cold for defying Chakwera’s unity calls
LILONGWE-(MaraviPost)-The main opposition Malawi Congress Party'(MCP) “black sheet” member Eisenhower Mkaka has been left in the cold following his defying tendencies of the party’s leadership unity calls.
Mkaka who has been acting as both MCP Publicity Secretary (PS) and Secretary General (SG) before party President Dr. Lazarus Chakwera’s December 1, 2017 reinstatement of some National Executive Members (NEC), fails to swallow his pride for unity course.
On Friday, Mkaka who held Second Deputy SG, a position which does not exist in the party structures, told Zodiak Broadcasting Station (ZBS) that the press conference which Dr. Jessie Kabwira held in the capital Lilongwe on various issues that has been affecting Malawians in the year ending 2017, was done without the blessing of the party leadership.
He went further arguing that Dr. Kabwira was fired that MCP’ NEC has not reinstated her hence the Friday presser was out of Kabwira’s personal interest not of the party.
This did not go down well with SG Gustavo Kaliwo who told the same radio station on Saturday that the party was not happy with infighting on positions.
Kaliwo clearly backed Kabwira who is also the Member of Parliament (MCP) for Salima North-West that she remains the party legitimate spokesperson arguing that Mkaka’s position does not exist in MCP current constitution.
“I am equally unhappy with this infighting of who holds whats in the party. As the secretary general of MCP, has not written any letter informing the public that Dr. Kabwira was fired from her position. She remains the legitimate MCP spokesperson.
“With the current MCP constitution, Mkaka position does not exist. So, he dont have the mandate to speak for the party. If any issue rises that needs the party’s verification, better consult MCP President, Vice and my office of the Secretary General,” clears out the mess Kaliwo.
Even ZBS reportedly verified with other senior party members backing Kaliwo and Kabwira’s stand on the matter consequently leaving Mkaka alone as a “Black sheet” without a backing including party leadership Chakwera and Richard Msowoya.
This also just vindicate The Maravi Post article came up with early this month that some three MCP lawmakers Amon Nkhata, Richard Chimwendo Banda and Dimba were unhappy with the party’s leader Chakwera decision to mend fences with members deemed to be rebels, “Nkholokolo”.
Some of notable “Nkholokolos” (rebels) including MCP SG Kaliwo, Joseph Njovuyalema, MCP PS Kabwira, MCP treasure Tony Kandiero and MCP Director of Research Lingison Belekanyama among others whose positions have been reversed to them per 2013 MCP convention.
The trio even threatened to quit if Chakwera decision materialized in its totality per announcement made during the December 1, press conference.
Inside MCPs sources at time told The Maravi Post that the three lawmakers who have been behind feeding the party’s leadership lies which ended up labeling some members, “Nkholokolo”.
Despite the trio’s threat to quit the party, the source added that Chakwera told the disgruntled legislators that the matter was under the bridge which cannot be reversed as the party was towards rebuilding a head of 2019 elections.
The MCP President who is also opposition leaders in Malawi Parliament condemned and challenged them to quit because he is there to defend the party’s constitution.
But one of the lawmakers Chimwendo disputed the allegations arguing that he was not aware of such plans of against anyone in the party.
Chakwera publically re-instituted party positions including MCPs First Deputy President (Richard Msowoya), deputy president (Macdonald Lombola), Secretary General (Gustavo Kaliwo), Treasure General (Tony Kandiero) and deputy SG (Chatonda Kaunda).
This follows the inner circle meeting Chakwera had with them prior to the news conference at the party’s headquarters in the capital Lilongwe after a year of loggerheads.
Other re-instituted party positions were; Tony Kandiero moves back to his elected position as Party’s Treasurer General replacing Rhino Chiphiko while Khumbize Chiponda takes over from Chipuwa as Deputy Treasurer General.
Louis Chakhwantha moved back from Director of Youth to Legal Advisor whilst Lobin Lowe moves back to Director of Youth from Organizing Secretary.
Mkaka moved back to deputize Moses Khombe in Organizing Directorate such that Dorothy Chirambo takes back her position as National Director of Women Affairs.
Henry Kamata shifted back to Director of Elections as Veteran politician Lingison Belekanyama reclaims his position as Director of Research
Dr. Jessie Kabwira went back to her position as Party’s Publicity Secretary to be deputized by Ezekiel Ching’oma.
The MCP President disclosed that management meeting which will follow the party’s 2013 National Executive Committee (NEC) to decide on convention.
MCP President Chakwera granted injunction against Kaliwo plans of holding MCP convention
Embattled Malawi Congress Party (MCP) Secretary General Gustav Kaliwo, risks arrest over contempt of court, if he proceeds with his plans of holding the Party’s convention between, scheduled by him to be held from 7 to 9 July, Maravi Post has established.
The development follows the High Court injunction, obtained by the MCP President Dr. Lazarus Chakwera.
The injunction, which was obtained through Chakwera’s lawyer Peter Chakwantha of Armstrong Lasers and Company, restricts Kaliwo from holding the said convention.
Chakwantha argues that Kaliwo’s organized convention, is against the MCP constitution.
Confirming this, MCP deputy spokesperson Eisenhower Mkaka, said according to the injunction, Kaliwo’s scheduled convention may occur only if the injunction is lifted.
Efforts to talk to Kaliwo proved futile.
However, Kaliwo who is lawyer by profession, told Maravi Post in an earlier interview that his convention was legal.
He said it is in line with article 40 of the MCP constitution, which mandates the district and regional chairpersons as well as the National Executive Committee (NEC), to call for the convention.
“Almost half of the district chairpersons, are calling for a convention, and the constitution allows me to organize it,” Kaliwo had argued.
MCP legislatures however, this week, asked Kaliwo to peacefully resign from his position. They argue that the constitution mandates the Secretary General to call for a party’s convention, after receiving blessings from the MCP NEC.
Kabwira assures constituents’ allegiance to MCP; says Chakwera remains the leader, despite internal wrangles
SALIMA-(MaraviPost) – The main opposition Malawi Congress Party (MCP)’s Member of Parliament (MP) for Salima North-West constituency Jessie Kabwira, on Sunday assured her constituents of her loyalty to the Party, despite internal wrangles.
Kabwira added that Dr. Lazarus Chakwera, remains MCP President, although there are some little misunderstandings, which according to her, will be sorted out shortly.
The legislator went further, and said she remains the Party’s spokesperson, and that only a convention will remove her from the post.
The outspoken law maker was addressing the constituents during a whistle-stop tour in her constituency, with the aim of soliciting views for the just opened Budget Parliament session.
Kabwira’s assurance comes barely a week after MCP Secretary-General Gustav Kaliwo, made an announcement calling for the Party’s convention to resolve the internal Party wrangles.
The Salima North-West legislator’s remarks on Chakwera, dispute rumors that she has been behind some of the squabbles that are rocking the MCP, Malawi’s oldest party.
“I am a Member of Parliament (MP), because constituents voted me through the MCP, whose leader is Dr. Lazarus Chakwera. I will always accord him as such, despite some internal wrangles. People should let us resolve our challenges ourselves.
“I remain the Party’s spokesperson, that only the convention can remove me from this post, even though some Party members have chosen to dispute that with personal ego. It’s my responsibility to assured the public of our readiness ahead of the 2019 general elections. It’s only the MCP has the hope for Malawians suffering,” Kabwira assured.
She further said the Party could not do away with her, if the mission to dislodge the governing Democratic Progressive Party (DPP), was to be achieved describing herself as a “Machine”.
“There’s so much political bickering in the Party, but that isn’t a threat to me, as the situation will be normalized soon. I am into politics to serve my community, and help the Party dislodge the DPP, which has made Malawians lives miserable.
Kabwira, who is also the Chairperson for Southern Africa Development Committee (SADC)’s Parliamentary Women Caucus, expressed sadness over early pregnancies and child marriage. She assured the constituents that she will embark on sensitization campaigns to address these challenges.
Some of the concerns the constituents raised, included lack of bore holes, health facilities, school blocs; and hunger due poor harvest following army warms that attacked crops, such as maize and rice.
Last month, the lawmaker, was acquitted on the treason case, which government in 2016 allegedly, charged that she was planning to topple Peter Mutharika’s and the DPP leadership.
MCP wrangles: disgruntled district chairpersons accuse Sidik Mia of sowing division, back Kaliwo on convention
LILONGWE-(MaraviPost) –The main opposition Malawi Congress Party (MCP) disgruntled regional and chairpersons, on Saturday accused the business tycoon cum-politician Sidik Mia, of sowing seeds of division by bankrolling a parallel structure within the party.
The chairpersons said they have evidence that Mia has been meeting the MCP leadership, where money and materials, have exchanged hands. They claim this is aimed at formalizing the business tycoon’s status, but without consulting or informing party membership.
The disgruntled chairmen further stood their ground in support of MCP Secretary-General Gustavo Kaliwo, on the call for the convention. They said this would stabilize tensions that have rocked the Party.
The regional and district chairperson, drawn from over 24 districts, were reacting to the MCP Second Deputy SG Mkaka, who last week said Kaliwo has no mandate to call for the convention.
They told journalists that Kaliwo remains the Party’s SG, and challenged that only the convention can remove him from the position.
The chairpersons however denounced Mkaka as the Party’s spokesperson, and his post does not exist in the MCP structures.
“Firstly, Mr. Mia must come out in the open to the entire MCP membership, that he is joining the Party; he should not just meet with the leadership and share money and gifts. This is total manipulating the Party’s constitution. That’s why we need the convention to stop the acts of not respecting MCP’s regulations.
“Mkaka’s post is not recognized in MCP structures, and for that reason, he cannot dismiss SG Kaliwo’s mandate. So, whether somebody wants or not, we are going to the convention on July 7-9, 2017, to settle the wrangles ahead of our come-back to government,” James Baza Kaunda said.
James Baza Kaunda is the MCP’s North-South Regional chairperson and was speaking on behalf of the group.
Last week MCP Secretary-General Kaliwo, called for the urgent convention, to resolve various concerns that are rocking Malawi’s oldest party. The convention is seen as a solution before the 2019 general elections.
The convention has therefore slated for July 7-9, 2017 for the venue to be communicated by the special committee that will be put in place.
Kaliwo’s call for the convention comes amid squabbles in the Party, for two years under President Lazarus Chakwera, who came into reign from John Tembo.
Addressing the news conference in Blantyre, Last week, Kaliwo, who was franked by his deputy Chatonda Kaunda, said the convention was called for by Party’s district and regional chairpersons to resolve various concerns.
Kaliwo, a legal practitioner by profession, told the reporters at the function, that the decision came after all avenues of discussing issues amicably, and internally yielded no results.
He said according to the powers vested in him, and with more than half of the Party’s chairpersons, it was proper to make the announcement of the convention. According to the SG, this would avoid things get out of hand ahead of 2019 general elections.
The MCP SG said that as the Party gatekeeper, it was wise and proper to listen to the demands for the convention as stipulated in the MCP Constitution.
He warned that he was ready to battle it out in court if someone tries to challenge the decision.
Attorney General Kaphale, IG Kachama to appear before court over MCP officials’ treason case
BLANTYRE-(MaraviPost)—Attorney General Kalekeni Kaphale and the Inspector General of Police Lexter Kachama are expected to appear before the High Court as the state is playing delay tactics on the opposition Malawi Congress Party (MCP) officials’ treason case.
According to lawyer Gustavo Kaliwo representing the MCP members Jessie Kabwila, Peter Chakwantha and Ulemu Msungama, the two top state officials have been summoned by Judge Healey Potani to appear before the court for judicial review proceedings.
Kaliwo filed to the court to strike off the case observing that the State is failing to prosecute his clients since they were arrested a year ago.
He said Justice Potani has directed that Kaliwo files the documents with the court by Friday and the respondents, Kaphale and Kachama should respond to the court by February 8.
The judicial review proceedings will commence on February 13.
“This means my clients will still report to police for bail honouring on January 31, it might be the last reporting to police,” he said.
Kabwila, Chakwantha and Msungama were arrested and charged with treason following their Whatsapp chat in which they were discussing how to hold peaceful demonstrations to protest against social and economic problems.
Malawi police’s delay tactics in handling MCP legislators’ treasonous charges angers defense lawyer
LILONGWE-(MaraviPost)-The main opposition Malawi Congress Party (MCP) legislators, Jessie Kabwira, Peter Chankhwatha and Ulemu Msungama on Monday, December 3, had their bail for the alleged treason and sedition charges extended to January 31, 2017.
According to the head of Criminal Investigation Department (CID), the police want to do thorough investigation into the matter before taking the trio to court, hence the extension.
However, the delay has angered the defense team with lawyer Gustavo Kaliwo representing the trio threatening to take legal action through the High Court in order to dispose the case before January.
Kaliwo told journalists at Area 30 Police Headquarters in the capital Lilongwe that the delay to take his clients to court was tantamount to human rights violation.
Kaliwo who is also MCP’s Secretary General accused the police of torturing his clients for lack of evident over the matter.
He hinted that if the police have insufficient evidence against his clients, they could drop the charges considering the time the matter has taken failing to take his client to court.
“The bail has once again extended to January 31, 2017. This is disgusting considering the time frame the matter has taken without taking my clients to court. We don’t really understand their real intensions on this matter though today we have been told that this is the last time for the police to extend the bail.
“This is injustice to innocent lives that are always on move to appear before the police while they don’t have evidence. But as earlier said we thought the time they were arresting my clients had imminent evidence to take them to court based also on the circumstance the three underwent upon their arrest in February”, said Kaliwo.
He further disclosed that before the extended bail date, the defense team will redress the anomaly.
“It’s almost a year the matter came into the public but no tangible effort is coming from the police. We earlier indicated that the team was to seek legal remedy on matter over the delays for the state to take the matter to court. But we failed to do as there was no single agreement amongst my clients but this time have resolved one thing which we might come to the media before January 31, 2017”, said Kaliwo.
There was no immediate comment from Kadadzera National Police Spokesperson over the continued extension of the bail.
Both Kabwira and Chankhwatha were in their second police appearances cleared to travel outside the country on official duties as Members of Parliament (MPs).
According to the police charge sheet the three MCP officials were said to be plotting to topple President Peter Mutharika through a WhatsApp conversation.
Since then, the Malawi media has be awash with different versions on the trio’s real charges as reports indicate that Attorney General (AG) Kalekeni Kaphale and Director of Public Prosecution (DPP) Mary Kachale did not endorse the arrest of the MCP officials but rather it was Minister of Justice and Constitutional Affairs Samuel Tembenu who sanctioned the arrest the move which has cornered the police on how to proceed with the case.
After the arrest of the three, Inspector General of Police (IG) Lexen Kachama through the press conference confessed to the public that the police did not have proper charges for them saying their arrest was a mere warning to what they were discussing on WhatsApp.