The High Court of Malawi in Lilongwe yesterday formally vacated an injunction that was keeping fired Democratic Progressive Party (DPP) vice-president for the South Kondwani Nankhumwa in the position of Leader of Opposition in Parliament.

The matter was heard in the chambers of Judge Semion Mdeza, and both DPP director of legal affairs Charles Mhango, and Nankhumwa’s lawyer Tryness Chihana separately confirmed the development.

Nankhumwa’s defence team did not object to the DPP’s application to have the injunction vacated.

Announced that he had relinquished
the position: Nankhumwa

In a telephone interview, Chihana said: “We did not object to the application because we are in the process of withdrawing the matter. Our client has moved on and has formed a political party.”

In a separate interview, Mhango stated that the party is happy with the outcome, saying issues that were blocking operations of office of Leader of Opposition have been removed.

He said: “I will be serving the Speaker of the National Assembly in the next few days on this issue. Now the party is going to have a legitimate Leader of Opposition.”

Mhango also indicated that the court has set May 13 2024 as a date for the pre-trial conference.

“Mind you, it is only the injunction which has been vacated but the case is yet to be withdrawn. Maybe our colleagues are worried with the issue of legal costs, and would want to have a discussion with us first before withdrawing,” he said.

Two weeks ago, the court dismissed Nankhumwa’s preliminary application which sought to prevent the court from hearing the DPP’s application to vacate the injunction.

Judge Mdeza ruled that he had difficulties appreciating the arguments presented by Nankhumwa during the proceedings.

Last week, Nankhumwa announced that he had relinquished the position of Leader of Opposition to focus on his newly registered People’s Development Party (PDP).

His expulsion from the DPP earlier this year, along with 10 others, stemmed from their involvement in a December 6 2023 nullified national governing council meeting in Lilongwe.

Nankhumwa’s actions have repeatedly led to legal battles within the DPP, causing instability and disagreements with senior party members, including party leader Peter Mutharika.

Cracks in DPP came to light after embattled DPP secretary general Grezelder Jeffrey in August 2020 told The Nation that Mutharika had done his part and that the party needed a new person to lead it into the future.

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