Msimamo wa Mahakama ya Malawi: Kafulila, Hamad na Wenzake wanala kujifunza?? | JamiiForums | The Home of Great Thinkers

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Msimamo wa Mahakama ya Malawi: Kafulila, Hamad na Wenzake wanala kujifunza??

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ngoshwe, Jan 7, 2012.

  1. ngoshwe

    ngoshwe JF-Expert Member

    Jan 7, 2012
    Joined: Mar 31, 2009
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    Court reinstates Makwangwala as UDF Secretary General

    [TD]By Nyasa Times Reporter[/TD]
    [TD]January 5, 2012 · 14 Comments[/TD]
    [TD][​IMG] Email This Post[/TD]
    Former ruling United Democratic Front (UDF) Kennedy Makwangwala can legally continue acting as Secretary General of the party; High Court Judge Joseph Manyungwa ruled on Thursday and also discharged an injunction stopping a National Executive Committee (NEC) meeting of the party.
    Makwangwala called a NEC meeting for members who were elected before July 2009 following the dissolution of all party positions.
    But the Friday Jumbe faction expelled Makwangwala and former president Bakili Muluzi's son Atupele for disregard of party etiquette and undermining authority. They also obtained an injunction restraining Makwangwala from conducting a NEC meeting of the party.[​IMG]

    Makwangwala: Back as UDF secretary general

    However, in his determination, Justice Manyungwa, agreed with lawyer Kalekeni Kaphale submission that Makwangwala's sacking was made "erroneously" and "not in line with the rules of natural justice" because he was not given notice of any meeting or disciplinary hearing.
    "To maintain the injunction could be effectively providing the same relief sought in the main action. We therefore find no reason to sustain the injunction," said Manyungwa in his 90 minutes ruling.

    Natural justice

    On the suspension of Makwangwala said the notice by the Jumbe faction to summon the secretary general for a disciplinary hearing was "hardly adequate for the defendant to fully prepare" for the meeting which was scheduled for the following day.
    The Judge pointed out that UDF NEC has the jurisdiction to discipline, suspend or expel its members but said the rules of natural justice require that "before being condemned, one should be given an opportunity to be heard, that is what."
    UDF has been rocked in leadership wrangles since Bakili Muluzi retired from active politics and handed the acting leadership role to Jumbe in 2009.

    Court reinstates Makwangwala as UDF Secretary General | Malawi news, Malawi - NyasaTimes breaking online news source from Malawi

    [h=1]Court reinstates UDF's Makwangwala as supporters fight[/h]

    The High Court in Malawi's commercial city, Blantyre, on Thursday ruled that UDF secretary general (SG) Kennedy Makwangwala was not given sufficient notice for disciplinary hearing before he was suspended from the party.
    The court lifted the injunction which was obtained by the United Democratic Front (UDF) interim president Friday Jumbe's faction stopping Makwangwala from discharging duties as secretary general or acting as an agent of the party, including convening and presiding over any national executive committee (NEC) meeting.
    But soon after Judge Joseph Manyungwa delivered his ruling in a courtroom housed in the new complex, Makwangwala's supporters manhandled Jumbe's faction deputy publicity secretary Ken Msonda.
    One of the assailants spat on Msonda's face whereas others held onto his jacket which in the process lost some buttons. Msonda was given a few slaps before he was whisked away by a colleague in a white pick-up.
    Makwangwala, along with Eastern Region governor Abubakar Mbaya, tried in vain to stop the aggressive youths from further harming Msonda whose crime was said to be interviews he grants to the media.
    Msonda's attackers accused him of saying bad things against the other camp in the interviews, especially on the radio. The scuffle was a reminder of ugly scenes that characterised Malawi Congress Party (MCP) court cases when there was a leadership wrangle.
    After the ruling, Makwangwala said the court decision is a relief and that he will go ahead to convene the meeting which, he said, aims at finding a lasting solution to the leadership wrangle in the party.
    On the other hand, Humphrey Mvula, vice-president on the Jumbe side, said the grouping will seek further legal opinion.