Malawi’s former ruling party, the Democratic Progressive Party (DPP), on Tuesday appealed against a High Court decision that stopped the party from joining the Section 65 case.
Lawyer representing DPP, Kalekeni Kaphale, confirmed the appeal in an interview on Wednesday.
This means that the issue will not be handled during next month’s sitting of Parliament.
The DPP had asked Speaker of Parliament Henry Chimunthu Banda to declare vacant seats of its legislators who joined People’s Party (PP), saying they crossed the floor.
But Mzimba Solola MP Ackim Mwanza got an injunction, restraining the Speaker from declaring the seats vacant.
Kaphale applied to the High Court to allow DPP to join the case as amicus curie (friend of court).
He argued that the DPP is the petitioner who moved the Speaker to declare the seats of the MPs vacant.
Kaphale also argued that the applicants went to Parliament on a DPP ticket and that the outcome of the judicial review will have a direct impact on the party.
Judge Dingiswayo Madise dismissed the application, saying DPP is a private legal person and cannot answer for public authority whether as amicus curie or under any status of law.
Madise also noted that the case at hand was not different from miscellaneous civil case 61 of 2007.
In the case, Yunus Mussa obtained an injunction stopping the Speaker from declaring his seat and of others vacant after the United Democratic Front (UDF) had applied. This was after Mussa and other MPs had joined the DPP.
Dr George Mtafu, in UDF then, wanted to join the case, but Judge Elton Singini dismissed the matter due lack of sufficient interest in the matter.