Democratic Progressive Party (DPP) president Peter Mutharika can now breathe a sigh of relief following the withdrawal of an application by some senior members challenging his leadership and his candidature at the forthcoming convention.
This means that Mutharika is free to contest at the December 26 -27 2023 party’s elective national convention.
Three members, deputy director of political affairs Fredrick Malata, national governing council member Ken Msonda and deputy director of operations Thomas Nyirongo wanted the court to make a declaration that Mutharika is not fit to continue as President and should therefore cease to perform any duties of the office of President.
They further wanted the court to declare that Mutharika is not eligible to contest as a Presidential candidate at the upcoming National Political Conference and that an interim President be appointed by the party central committee from among the members who have shown interest to contest as Presidential candidates for the party in the upcoming National Political Conference.
According to an affidavit sworn by their lawyer Gladwell Majekete of Adrian and Company, the three argue that Mutharika, who was elected in 2013 as party President at a National Political Conference in accordance with the provisions of the Constitution, is clinging to the position illegally.
“The 2nd Defendant’s term of office expired after five years but continues to hold office until new office bearers are elected at the National Political Conference following his running for the Presidency of the Republic of Malawi in 2019 and 2020 in accordance with the Provisions of the 1st Defendant’s Constitution,” reads part
However, Msonda told the NGC gathering in Mangochi on Wednesday that Mutharika is now free to contest at the forth coming convention because they have withdrawn the case.
“We wrote our lawyer informing him to withdraw the case, and that has been done. As it stands, you are free to stand, there is no any case preventing you, these are the papers,” said Msonda while waving some documents.
His comments came after Mutharika told him to desist from causing problems or to go back to ‘his’ People’s Party (PP).
“You have been very inciting and insulting me. Remember you are not a member of this party. You came from PP. You were not there when Joyce Banda was tear-gassing us,” said a visibly angry Mutharika, adding that Msonda has taken the party to court 14 times.
