The Democratic Progressive Party (DPP) continues facing the music over its wish for the courts to dismiss the case in which five civil society organisations (CSOs) want it to pay back about K14 million it got from public firms in form of donations.

The party’s desire has again been snubbed by Judge Zione Ntaba of the High Court Zomba Registry, who has proceeded to hear the matter which begun in September 2017.

DPP applied to the court in December 2021 to strike out the entire case, arguing that the claimants (CSOs) failed to, among others, comply with the directions issued earlier by the court as such there was no need to advance prosecution of the matter.

Its major contention, according to DPP lawyer Chimwemwe Sikwese, was the CSOs’ delay to file essential court documents, which he argued, signified the claimants’ lack of interest to put the matter on trial.

Patrons enjoy themselves at the controversially-funded Blue Night

The five CSOs are Centre for the Development of People, Centre for Human Rights and Rehabilitation, Youth and Society, Human Rights Consultative Committee and Livingstonia Synod’s Church and Society Programme.

The party also wanted the court to strike out the proceedings because it was improperly named in the matter where, instead of Democratic Progressive Party, it was referred to as Democratic People’s Party, which it argued was irregular.

But in her ruling, Ntaba dismissed the DPP on the wrong name, arguing that the misspelling of the name was an issue attributed to all parties, including the court as the draft Order of Directions on November 12 2021 on being sent to all parties had no one noting the mistake.

The judge also dismissed the DPP’s prayer on non-compliance as well as two other preliminary objections the party raised arguing, among others, they were not sustained. She later set down the matter for virtual hearing last Monday.

During the virtual hearing, the CSOs paraded their only witness Gift Trapence who is chairperson of the Human Rights Defenders Coalition and executive director of Centre for the Development of People while the DPP did not exhibit any witness.

In his witness statement which Weekend Nation has seen, Trapence argued that the donations the parastatals made or pledged to DPP were illegal because public institutions are not supposed to be funding political parties unless provided by the law.

In an interview, lawyer for the CSOs, Wesley Mwafulirwa said they had been given 14 days from the day of hearing to file their submissions and, thereafter, the court will deliver its judgement on June 1 2023.

“It is our hope the court will consider the overwhelming evidence we have on the file that Mzuzu City Council, Blantyre City Council and Lilongwe City Council all admitted having pledged to make cash donations to the Blue Night event while Lilongwe Water Board actually admitted having already paid the money for the event,” said Mwafulirwa.

On his part, Sikwese said they had no problem in not parading any witness because the task to prove a case was with the claimants.

“So, the matter is now closed and what we are waiting for on 1st June is just the judgement where the court will decide on what had been presented before the court,” said Sikwese.

In February 2019, the Supreme Court of Appeal also dismissed DPP’s application to overrule an earlier judgement Judge Ntaba made in May 2018. The party was against the ruling which dismissed its plea to discharge the case.

This is a matter which was started on September 20 2017 by Trapence, Charles Kajoloweka, Robert Mkwezalamba, Moses Mkandawire and Timothy Mtambo who represented the five CSOs then.

They were against the DPP using public funds for its fundraising dinner and dance dubbed Blue Night held at Kamuzu Palace in Lilongwe on July 29 2017, when the party was in power.

Initially, when the case started, the four parastatal organisations were together with the DPP as defence. However, the party is now alone after the State firms withdrew from the case and signed consent orders with the CSOs soon after the change of government. n

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