The Malawi Congress Party (MCP) has applied to the Supreme Court of Appeal (SCA) for an order of stay of the enforcement of the ruling of the High Court on the candidacy at the party’s convention.
According to an application we have seen dated August 7 2024, the party through lawyer Wapona Kita argues that High Court Judge Howard Pemba erred in law in finding that the Claimant (Respondent) is a Member of the Appellant when he did not satisfy the requirements under Section 2 of the Political Parties Act on who is a Member of a Political Party.
“The Learned Judge erred in fact in finding that the Appellant’s NEC did not have the power to set eligibility criteria for candidates at the Appellant’s Convention when such powers are found in Article 35(2) of the Appellant’s Constitution,” reads part of the affidavit.
Kita argues that if the appeal does not succeed, it would just mean calling for fresh elections only in respect of those positions affected by the resolution and that would be a less onerous thing to do.
According to Kita, it would be pointless to proceed with the appeal herein if the Ruling of this Court is not suspended, hence at the same time, the Defendant has that right to appeal which must be protected and preserved by this Court.
“Due to the aforementioned reasons, it is in the interests of justice that the Ruling dated 6th of August, 2024 be suspended on the terms and conditions as contained in the draft order filed herewith,” reads parts of the affidavit.
Meanwhile, the Supreme Court of Appeal has suspended the MCP convention. This is contained in a ruling by Supreme Court Judge Dingiswayo Madise.
