October 12, 2016 by Staff Reporter
Malawi Congress Party (MCP) reinstated member Chatinkha Chidzanja Nkhoma Wednesday expressed gratitude over The High Court’s ruling, saying the new MCP’s National Executive Committee (NEC) was unconditional and illegal.
Chatinkha and others were dismissed from the MCP a few months ago after being accused of causing havoc in the party.
Speaking at a press briefing in Lilongwe, Nkhoma said that the court made it clear that the current NEC had no right to dismiss any member from the party as it did a few months ago.
“There is need for order and stability in the party and we should be united as we are one. There is no point in name calling and dismissing members of the party just because of small disagreements,” she said.
Nkhoma said that MCP was a peaceful party and therefore its leader and president, Dr Lazarus Chakwera should not dismiss its members as it pleased him.
Commenting on the same, the District Chairman for Kasungu West, Jimmy Chisenga said he was happy with the ruling of the court and that no one could object it.
“I am very happy that we are back in the party and it is our responsibility to make sure that we sort out every disagreement that happens in the party,” Chisenga said.
“Even siblings disagree and fight sometimes, but it does not mean that they have to abandon each other.”
Chisenga said he would not tolerate the tendency of ignoring important issues that needed the party’s attention for fear that the president would dismiss “us.”
According to a court document, the case against the party’s president Dr Lazarus Chakwera, Potipher Chidaya and MCP was ruled as default as the defendants were not present for hearing and time for doing so expired in terms of the Rules of the Supreme Court, 1965.
In its judgment the High Court, among other things, said the MCP Constitution, its decision to expel /dismiss the plaintiffs was invalid and that as such ought not to be implemented.
The court also said the new MCP NEC was unconstitutional and illegal in terms of Article 30 of the party’s constitution and as such “all its resolutions are unconstitutional, illegal and of no effect.”