Malawi Congress Party (MCP) has gone against a High Court order by not recognising members of the Mzuzu District committee who were reinstated by the court. Meanwhile, lawyer for the reinstated members George Kadzipatike has warned against the practice, saying the party is putting the convention at risk.
The High Court in Mzuzu reinstated 30 members who were fired from the committee for allegedly recognising MCP general secretary Chris Daza. The party endorsed other members whom the court ordered should not be recognised as such.
According to the warning issued by Kadzipatike, the party has recognised members of the committee the court nullified to be part of the pending convention.
Kadzipatike warned that if his clients are not included, there will be an application for contempt of court so that those in breach are committed to prison. He said the party was also running a risk of disturbing the convention as an injunction could be obtained to stop the whole process.
“We as legal practitioners will not sit down and watch the Malawi Congress Party contravening the order of the court. If the required 12 of our clients are not included as participants in the said convention by tomorrow (Wednesday, April 24 2013), we already have instructions to file for contempt of court.
“Be warned that chances are very high that we may get instructions to obtain an order for an injunction stopping the party from holding the convention if our clients are not included.
“You may also wish to be advised that, should the party choose to go ahead with the convention in the exclusion of legitimate members such as our clients, the convention and all elections conducted therein may be declared null and void by a court of law upon application by any interested person, and this may be costly to the party,” reads the warning by Kadzipatike.
However, MCP spokesperson Jolly Kalelo on Monday clarified the issue, saying not all of members will attend the convention as there is limited number of people to attend per district.