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DPP case hearing Feb 15

 The High Court has set February 15 as a date it will hear a case in which Democratic Progressive Party (DPP) vice-president (South), Kondwani Nankhumwa and three others sued the party following their expulsion in 2020.

The matter, Civil Cause Number 898 of 2020, will be heard before Justice Simeon Mdeza at the Lilongwe Registry.

Nankhumwa, secretary general Greselder Jeffrey, treasurer general Jappie Mhango and Mulanje West legislator Yusuf Nthenda were expelled for allegedly influencing the rejection of Peter Mutharika’s appointment of former Nsanje Central legislator Francis Kasaila as Leader of Opposition in Parliament to replace Nankhumwa.

Took the matter to court: Nankhumwa

But on October 3 2020, the four obtained an injunction against their expulsion. Later the two sides agreed to settle their differences through a mediation process.

However, the talks collapsed, forcing Judge Kenyatta Nyirenda, who led the negotiations, to refer the case for full trial, which will now take place on February 15.

Reads the trial notice in part: “Take notice that the above matter has been set down for hearing on the 15th day of February 2022 at 9:00 O’clock in the forenoon.”

According to an earlier notice from judge Nyirenda, the trial will have to look at 10 thorny sticky issues, as parties in the case failed to reach a compromise during a mediation session on April 2 2021.

Some of the issues are whether the claimants had committed acts that constituted rebellion or gross indiscipline within the DPP. Whether or not circumstances justified the party’s central committee to expel the claimants without a disciplinary hearing?

Article 9 (2) of the DPP constitution stipulates that members to the central committee are the party president, vice-presidents, secretary general, treasurer general, national directors of women and youths.

The DPP president may also invite a member of the national governing council to the meeting where the administrative secretary also serves as secretary to the committee.

Other issues raised relate to holding of a mid-term convention as stipulated under Article 8 (4) of the same constitution.

Last month, Mhango withdrew from the case, but the three others said they were not moved and will fight on to the end.

Last week, two senior members also obtained an injunction gagging recent appointments into the national governing council.

The two, Joe Nyirongo, deputy director of operations in the DPP, and Kenneth Msonda, protest the recent appointment of 30 persons into the NGC, arguing it is illegal, and only meant to fulfill the wishes of party leader Mutharika who is suffocating other successor aspirants.

Cracks in the former governing DPP came to light after Jeffrey in August 2020 told The Nation that Mutharika, who lost the June 23 2020 Presidential Election to President Lazarus Chakwera, had done his part and that the party needed a new person to lead it into the future, calling for an early convention.

Peter Mutharika took over the leadership of DPP after the death of his brother, Bingu wa Mutharika in April 2012, propelling the party to victory in the 2014 Tripartite Elections

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