Judge Dorothy Kamanga of the Supreme Court of Appeal (SCA) has dismissed an application for permission to apply for a judicial review by former legislator Alex Major against his expulsion from the Malawi Congress Party (MCP).
Through his lawyer Ayuba James, Major dragged the party, as second respondent, and the Secretary General as the first respondent, to court after he was removed from the party in 2022 for being found guilty of portraying conduct incompatible with the party’s four cornerstones.
But in July 2022, Major unsuccessfully sought an injunction in the High Court to prevent the MCP from enforcing the decision to expell him from the political party’s membership.
The Court ordered that the case be initiated through a summons along with an application for an injunction application, a move that forced Major to seek leave to commence proceedings for judicial review at the High Court.
However, Justice Kamanga dismissed the application on the basis that it was improperly and incompetently brought before the court.
“Consequently, the act of initiating an application under inappropriate legal provisions represents a procedural irregularity that could potentially result in the dismissal of the application. Instances have arisen where applications have been lodged under incorrect legal provisions, yet the affidavit and skeleton arguments submitted by the Applicant manifest a clear intent to align with the correct legal framework.
“Under such circumstances, the Court may exercise leniency and waive such irregularities. However, should it become evident from the affidavit and skeleton arguments that the Applicant harboured no intention of aligning the application with the appropriate legal provisions, this oversight cannot be disregarded as it reflects incompetency on the part of the Applicant’s legal practitioner.
“In the present case, the Applicant erroneously referenced legal provisions in support of the application, an irregularity further echoed in the skeleton arguments presented within the supporting documents.
“Such a grave oversight alters the essence of the application, rendering it inconsequential to the case at hand, cannot be cured and is beyond redemption within the jurisdiction of this Court,” reads part of the ruling delivered on June 14, 2024.
The ruling means that the party is at liberty to enforce the expulsion of Major.
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