…ruling stops Mumba, Chanthinka barring
…court says undemocratic, violates Malawi constitution
The Malawi Congress Party (MCP) national executive committee attempted to bar rivals and was treating its convention delegates as babies who could not decide what they want, the High Court has ruled declaring its 28th February resolution as illegal and inconsistent with MCP and Malawi constitution.
The policy decision was interpreted as targeting Engineer Vitumbiko Mumba, who has been campaigning heavily for the post of First Deputy President. Earlier in the day, the Convention Committee, Chaired by Kezzie Msuka, announced the names of contestants, which excluded Mumba.
High Court Judge Howard Pemba ruled, “.In the present case, this resolution in question is surely inconsistent with the rights of the members of the Defendant party, whose rights are also provided in the Republic of Malawi Constitution. It is a constitutional right that every person has a political right to form, join, and freely participate in political activities and to recruit members for a political party. They are free to make political choices (See Section 40(1) of the Constitution of the Republic of Malawi).”
The Judge laughed off attempts by the MCP Executive Committee to impose new eligibility criteria on elections, saying those attending the convention are adults with the capacity to make their own decisions.
“The Defendant should not treat its members who will attend the Convention as if they are babies. The Convention will be attended by adults. They should be left to decide on who their leader will be. If they feel that the inexperience of a candidate or their newness in the party are disqualifying attributes, let it be to the members not to vote for such candidates. But NEC cannot impose this decision on them by culling some potential candidates out. This, I strongly believe, is not a democratic practice,” said the Judge.
MCP insiders claimed the party executive would seek an injunction to stop the ruling and proceed with the convention, which could be risky considering there is only a day before the convention starts.
The court ruled over an application by one Eddie Banda, who challenged the 28th February 2024 resolution by the MCP National Executive Committee. which introduced eligibility criteria for one to contest at the said coming elective convention. The criteria require that for one to contest at this convention, they must have been a member of the MCP party for a period of not less than 2 years preceding their nomination for election and that they must have held an office in the MCP preceding such nomination.
Banda argued before the court that the NEC has no authority or legal competence under its constitution to pass such a resolution and that the said resolution is inconsistent with the rights that members of the Defendant have under Articles 6 to 15 of the Defendant’s constitution.
“Having carefully considered the respective arguments by the parties in all the issues in dispute, this Court finds in agreement with the Claimant that the resolution passed by the Defendant’s NEC on or around 28th February 2024, which resolution restricts the rights of ordinary members of the party to participate in NEC elections, is inconsistent with the rights that members of the Defendant have under its own Constitution. The resolution also contravenes Section 40 of the Republic of Malawi Constitution. It is on that basis that I proceed to set it aside for being a nullity,” ruled Pemba.
