Malawi Congress Party (MCP) has obtained a court injunction stopping secretary general Gustav Kaliwo holding a party convention from July 7 to 9 with parallel structures.
Kaliwo, a lawyer by profession, said convention has been called to clear their differences relying on Article 40 of the MCP constitution which states that district committees or the National Executive Committee (NEC) are mandated to call for a convention and that in the current case half of the district committees are calling for it.
But MCP second deputy secretary general Eisenhower Mkaka has said the party has sought court intervention to stop the illegal convention.
He said lawyer Peter Chakwantha of Armstrong Lawyers and Company has lodged to court for an order of interlocutory injunction.
In an affidavit dated June 9 2019 by MCP president Lazarous Chakwera filled in support of the application for the injunction, he argues that Kaliwo was supposed to formally put across to the party’s NEC the request for an emergency convention.
Chakwera said the chairperson which Kaliwo is using to call for convention including Lackson Khamalatha who is first defendant, relinquished his position like others and no longer have powers to call for such an emergency convention in the name of MCP.
He said the emergency convention championed by Kaliwo is “wrongful, illegal and.”
Chakwera’s affidavit further reads: “That is legally trite to take heed that non-office bearers, by the dictates of the Malawi Congress Party constitution, have no powers to petition for an emergency convention.”
The injunction has been granted by the court and Kaliwo has been ordered to “refrain from doing any acts that may be deeded to be part of the preparations for the alleged party convention until the processes for substantial matter is held.”
The court said Kaliwo and former district chairperson risk imprisonment if they continue planning for convention as they will “adjudged to be in contempt of court.”
MCP top brass and lawmakers are since calling for resignation of Kaliwo.
But Kaliwo, who was handpicked by Chakwera after the elected SG Chris Daza left to join the People’s Party, insists that he is a bonafide member of the party, hence no need for him to resign.