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MCP faction to face lawsuit for contempt
By
Gedion Munthali - 25-06-2002 |
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Malawi Congress Party president Gwanda Chakuamba camp said yesterday it will sue for contempt of court vice president John Tembo and some individuals in his camp for the convention they held at the weekend in defiance of a court order stopping it.
“We had a meeting today (yesterday) about the same. We have resolved to take these people to court for contempt. I am right now going to court to see the registrar if he can give us a judge for the case tomorrow (today),” said the party’s publicity secretary Nicholas Dausi yesterday afternoon.
Dausi said the matter would be handled by lawyer Bazuka Mhango on their side “possibly with the help of another lawyer”. Mhango could not be reached for comment yesterday evening.
High Court Registrar said yesterday morning that the court on its own could not sue Tembo and his camp for contempt because “it does not act on its own motion”.
“It is up to the ones who obtained the court order to apply for contempt of court,” said Potani.
High Court Judge Mackson Mkandawire on Friday sustained an order he made on Monday last week stopping the Tembo camp from holding a convention on Saturday and Sunday in Lilongwe, saying the convention had not been called by the party president as required by the party’s constitution.
However Tembo’s camp defied the order and went ahead with the convention at Natural Resources College, electing Tembo as president of the party.
Binton Kutsaira, who was elected as publicity secretary at the convention described by Chakuamba as “a lawless gathering called by lawless people”, said that they decided to conduct the meeting because “the party cannot be ruled by the courts”, saying the party is driven by the interest of its supporters.
But Public Affairs Committee chair Constantine Kaswaya described Tembo camp’s defiance of the court order as unfortunate and a threat to democracy and the rule of law.
“Court orders must not be violated. You appeal against them if you are not satisfied,” said Kaswaya, lamenting that the development was sad because it has just widened the gulf between the two factions in the party, thereby further weakening the opposition.
He said his organisation had offered a year ago to mediate between the two camps, “but they said that they would call us”.
“We are still waiting for them,” said Kaswaya.
University of Malawi Head of Law Department Edge Kanyongolo said holding the convention in defiance of the court injunction was a criminal offence and a “very worrying development”.
“Defying a court order amounts to contempt of court, which is a criminal offence,” said Kanyongolo. “Such things set us back in our efforts to consolidate democracy and the rule of law.” |
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