Trial of DPP Blue Night case starts
Trial of the case in which some civil society organisations (CSOs) want the Democratic Progressive Party (DPP) to reimburse about K14 million in donations by public institutions starts next week at the High Court in Zomba.
A notice of adjournment of the civil case number 41 of 2017 dated October 22 2021 indicates that presiding Judge Zione Ntaba will hear the matter on Tuesday, November 23 2021 starting from 10am.
The matter was initially set for hearing on October 11 2021 but it was adjourned due to the absence of Ntaba who was attending her relation’s funeral.
However, while lawyer representing the CSOs Wesley Mwafulirwa confirmed the court has set for hearing on November 23 2021, his counterpart Chimwemwe Sikwese who is representing the former governing party said he was yet to be served with the notice.
“The case is indeed coming up on November 23, 2021 at the Zomba District Registry of the High Court. This will be the first day of trial,” said Mwafulirwa.
He said the claimants were ready for trial and they are expected to parade their first and only witness Gift Trapence who is chairperson of the Human Rights Defenders Coalition (HRDC).
“We have done our part and we leave the rest to the court,” said Mwafulirwa.
In the case, five CSOs want the DPP to refund the funds it received in the name of donations from some public institutions, arguing the gesture to donate public funds to a political party, then in government, amounted to misuse and abuse of public resources.
Besides HRDC, other CSOs pursuing the case are Centre for the Development of People (Cedep), Centre for Human Rights and Rehabilitation, Youth and Society and Livingstonia Synod’s Church and Society Programme.
But on his part, DPP lawyer Sikwese said: “I am not aware that the case has been set for next week. We have not been served with the notice. But let me follow up, will let you know.”
In an interview, Trapence, who is also executive director of Cedep, said he was prepared to give evidence in the case which began in 2017 when DPP was in government.
The public institutions that pledged or donated money towards DPP fundraising drive dubbed Blue Night on July 29 2017 at Kamuzu Palace in Lilongwe were Lilongwe City Council, Blantyre City Council, Mzuzu City Council and Lilongwe Water Board.
Initially when the case started, the four parastatals were together with the DPP as defendants.
However, the DPP is now going it alone after the four State institutions withdrew from the case and signed consent orders with the CSOs soon after the change of government following the court-sanctioned Fresh Presidential Election held on June 23 2020.
Among others, the CSOs are seeking a declaration of the court that the donations to DPP contravene the doctrine of public trust, the Constitution and the Public Finance Management Act.
