Tag Archives: Peter Chakhwantha

Malawi

Malawi police’s delay tactics in handling MCP legislators’ treasonous charges angers defense lawyer

Maravi Post correspondent

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.

MCP members answering treason charges
MCP members answering treason charges

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.

 

Politics, Top News

Court ruling on MCP’ calls for convention shifted to May 6

Lloyd M’bwana
Chankhwantha; MCP's top official
Chankhwantha; MCP’s top official

LILONGWE (MaraviPost)—The High Court sitting in the capital Lilongwe has for the second time shifted the date in determining whether the main opposition Malawi Congress Party (MCP) should a bid by the month of March’s court order to go for convention within 90 days.

This means that the expelled MCP’s district and regional chairmen need to wait a little bit for their fate as May 6, 2016 is the date the court has set for the final ruling on whether the party should go for convention or not.

Both Potiphar Chidaya and Peter Chakhwantha, MCP’s Administrative Secretary and legal team leader confirmed the development to The Maravi Post on Tuesday evening following the judge’s busy schedule who is said to be attending judicial workshop.

“I was not at the court but just being communicated that this coming Friday, May 6 is a new date for the court’s determination. I am told that the judge who was supposed to preside over this case is attending the workshop while last adjournment was due to court clerks who also underwent the same training. “Therefore, let’s wait for that day without commenting much”, says Chidaya

When asked on the translation of the court’s failure to pass the ruling on the matter for the second time, Chankhwatha said  the party would a bid by the court’s decision no matter how long it might take as the party was not amused with the development.

“We are law abiding party as we have been subjected to many court adjournments. Do you remember what Malawi Electoral Commission (MEC) did to us in 2014? We are not going to indulge into confrontation with anybody over this until the truth of the matter comes out and Malawians are the best judge on all these things happening to MCP,” said Chankhwatha.

On Friday, April 29 about 47 expelled district and regional chairmen converged in the lakeshore district of Salima to map the way forward on what the court will decide whether the party should go for convention or not.

The bone of contention comes amid dissatisfaction among four regional chairpersons whom on January 9, 2016 issued a letter accusing MCP’s President Lazarus Chakwera of raping the party’s constitution that the MCP was losing direction in its affairs.

In a letter, the four chairpersons namely Baza Kaunda, Stowell Gondwe, and Bauleni Mkweza, and Abi Jana (but now withdrawn from the list) for North-South, North-North and Lakeshore respectively were concerned with the silence from Chakwera after the party’s Administrative Secretary Potiphar Chidaya and other party officials were beaten up last year in Blantyre.

Not only that the group also accused MCP leader of nepotism, claiming that the majority of positions in the party are held by people from Lilongwe where Chakwera also comes from.

“Does this imply that this party is now for the people of Lilongwe only? Imagine that Second Secretary General, Administrative Secretary , Treasure General and  deputy,  Director of elections, Director of youth (Louis Chankwantha) Director of Women (Majankomsi), Hounarable Belekanyama, Ching’oma, Dzole Mwale Chimango are all from Lilongwe just to mention a few”, reads in part the letter signed by Baza Kaunda, Stowell Gondwe, Bauleni Mkweza and Abi Jana

Apart from that the disgruntled chairpersons blame Chakwera for apparently giving more powers to Members of Parliament (MPs) and not respecting constituency, district and regional committees therefore challenged MCP President not to conduct meetings or elections until a convention is held.

Consequently, after issuing the letter, MCP National Executive Committee (NEC) fired the disgruntled regional and district chairpersons who were part of the movement who eventually went to court to challenge the party including the continual call for fresh convention.

In March, the High Court in the capital Lilongwe ordered MCP to hold a convention within 90 days—the decision which didn’t go well with the party’s NEC which argued that it was not given its side of the story as there was no legal representation the time the court was making such a ruling.