|
The High Court in Lilongwe will decide Friday whether to annul a breather given to suspended Aford leader Chakufwa Chihana not to pay costs of a disrupted convention and the battle that unfolded thereafter amounting to over K2 million.
Aford spokesman Khwauli Msiska said Thursday the ruling will be made by Judge Esme Chombo following a hearing on Tuesday this week where the party challenged a stay of execution obtained by Chihana of Chombo’s earlier order.
Msiska said the party lawyer contended in court that the stay of execution granted by the Lilongwe High Court registrar was irregular and be lifted.
He said a stay should not have been granted on the basis that Chihana wanted to appeal the court order against him.
Chihana’s lawyer Fahad Assani —who according to Msiska attended the Tuesday hearing and insisted the stay order should remain — was quoted on Wednesday last week as saying he would ask the court in his appeal for a full trial of the convention.
“Our understanding is that the stay order was not obtained in good faith, but out of fear that Chihana was expected to pay over K2 million,” said Msiska.
Assani could not be reached for comment.
The order of stay of execution was given on condition “that the respondents (Chihana) shall file notice of appeal within seven days from the date of the order and that the record of the High Court shall be settled within seven days upon receipt of the said notice of appeal.”
The party’s convention was disrupted a couple of weeks after violence which was blamed on the Chihana camp.
The Human Rights Consultative Committee condemned Chihana and his henchmen for causing the disruption, describing it “a squandered opportunity”.
“The committee having monitored the proceedings, including the preparation of this convention, squarely places blame on the Honourable Chakufwa Chihana and his supporters.
“Primarily, the committee concluded that the conduct of Honourable Chihana, as manifested in the manner in which he inserted himself in the convention hall was calculated to create disorder and confusion,” said the committee in a statement.
In a statement issued by committee chair Rodgers Newa, the committee, an umbrella of all human rights organisation in Malawi, also blamed executive members Norman Nyirenda and Vero Chivundiko Gondwe of mobilising the capacity of create disorder.
“The committee urges the police, who were available at the convention to investigate the source of the violence as a conduct likely to cause breach of peace,” the committee urged.
|
