Embattled Mulanje Central parliamentarian Kondwani Nankhumwa has taken opposition Democratic Progressive Party (DPP) to the High Court of Malawi over his expulsion from the party.
He is seeking an order to set aside his expulsion and the matter will come before Judge Yakuwawa Msiska in Lilongwe on February 12 2024 for the hearing of the application which has already been filed with his sworn statement.
Has filed an application: Nankhumwa
Nankhumwa, who was booted out of DPP alongside 10 others for calling, leading and attending the December 6 2023 nullified national governing council (NGC) meeting in Lilongwe, argues that the party’s central committee, which made the decision, flouted the party’s constitution.
In an interview lawyer Wapona Kita, who is representing Nankhumwa, said the central committee was supposed to arbitrate the matter before making the decision.
He said: “If you look at the letters or the press statements that they [DPP] made, the expulsion is being made by the central committee under Article 9(5)(b) of the DPP constitution.
“But when you read the powers of the central committee under that provision, it says to arbitrate and settle disputes which have been referred to it by the disciplinary committee.”
Kita said the disciplinary committee should have referred the matter to the central committee, but it proceeded to expel the members without arbitration
In an interview, DPP spokesperson Shadric Namalomba said they will defend the matter as they followed all the rules of natural justice.
“The party will defend its decision and prove in court that it followed all rules of natural justice at arriving at the decision to expel him.
“As we said these are kicks of a dying horse,” he said.
Besides Nankhumwa, others who were expelled include Zomba Chisi legislator Mark Botomani, who also serves as Public Accounts Committee of Parliament chairperson, former secretary general Grezelder Jeffrey, former director of women Cecelia Chazama, publicity secretary Nicholas Dausi and executive members Joe Thomas Nyirongo and Ken Msonda.
Cracks in DPP came to light after 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, calling for an early convention.