Parliament reinstates Nankhumwa as Leader of Opposition as DPP internal leadership wrangle rages on

Clerk of Parliament Fiona Kalemba

* Now invites him to attend Parliament Business Committee meeting scheduled for today

* Main purpose of the meeting is to prepare for the 6th meeting in the 49th Session scheduled for July 18-August 12

By Duncan Mlanjira

Malawi Parliament has changed its earlier stand in which it recognized Democratic Progressive Party’s appointment of George Chaponda as Leader of Opposition and has since reinstated incumbent holder, Kondwani Nankhumwa to attend the august House’s Business Committee meeting scheduled for today, June 29.

Dated June 28, the letter from Clerk of Parliament, Fiona Kalemba duly says Nankhumwa is “requested to attend this meeting in his capacity as Leader of Opposition” after she earlier addressed the same to Chaponda in her letter sent on Monday, June 28.

This follows an injunction that was granted 22 DPP Members of Parliament by the High Court in Lilongwe on Tuesday, June 28 in which Justice Kenyatta Nyirenda ordered that the status quo that existed before Chaponda’s appointment be maintained and that “any disobedience of this Order will amount to contempt of court for which committal proceedings for imprisonment may follow”.

This also follows a press statement that DPP secretary general Grezelder Jeffrey issued on Sunday in which she maintained that Chaponda’s appointment — made at Party president Peter Mutharika’s PAGE House in Mangochi on Sunday, replacing the beleaguered DPP vice-president — should be deemed as null and void.

Jeffrey singled out anomalies of the caucus, saying it was attended by a minority number of MPs — both DPP and independents — “who were deliberately selected to participate in the election.”

“Many MPs were not invited. As a matter of fact, even myself — as secretary general of the party — was not and did not attend,” Jeffrey said, adding that “that no actual election took place, instead one independent legislator simply proposed Hon. Chaponda’s name and few others confirmed and the meeting then adopted Hon. Chaponda as having been ‘elected’”.

The 22 MPs, led by MPs Werani Chirenga and Mark Botomani, who have obtained the injunction were the ones that were snubbed from the special caucus.

They are Nicholas Dausi; Ralph Jooma; Sameer Suleman; Ismael Grant; Yusuf Nthenda; Esther Majaza; Santigo Phiri; Bester Awali; Gertrude Nankhumwa; De. Susuwele Banda; Dr. Matthews Ngwale; George Million; Raymond Nkaya; Chione Mwale; Joyce Chitsulo; Reuben Kanyama; Francis Phiri; Noel Lipipa; Denis Namachekacjeka and Sandram Scott.

The injunction granted by High Court Judge Kenyatta Nyirenda in Lilongwe was against Chaponda as 1st defendant and the DPP as 2nd defendant, upon whose hearing from their legal counsel, Wapona Kita and joint sworn statement of Werani Chirenga and Mark Botomani, and other skeleton arguments, Justice Nyirenda said he “was satisfied that a good cause has been made out for the grant of an order of interlocutory injunction subject to an inter partes hearing on the 7th of July, 2022 at 9:00 in the forenoon”.

Chaponda was thus “restrained from acting or holding out as Leader of Opposition in or outside Malawi Parliament” and that the DPP, is also restrained from recognizing Chaponda as Leader of Opposition and further restrained from implementing its decision of electing Chaponda to the position.

In her press statement issued on Sunday, June 26, Jeffrey — with emphasis that she was doing so in her capacity as secretary general, said she and others did not recognize Chaponda’s appointment saying Nankhumwa “was duly elected by over two thirds of all DPP and independent Parliamentarians affiliated to the DPP in an election that was sanctioned by the Office of the Speaker of the National Assembly unlike today’s meeting which deliberately sodelined other MPs”.

Jeffrey said following “the purported election of Chaponda”, the administrative secretary to the party, Francis Mphepo issued a letter but according to Jeffrey, “this communication is an illegality and against the DPP’s constitution because it is the secretary general who is mandated to issue letters of this nature”.

“Mr. Francis Mphepo is a secretary in my office band works under my instructions. In this case, however, Innever delegated or instructed him to do so.

“In view of the anomalies, I appeal to all DPP members and all Malawians to disregard the communication from Mr. Francis Mphepo and consider the said election null and void,” Jeffrey said.

In his press statement, Francis Mphepo said the appointment was done by “virtue of powers vested in the Party under Standing Orders 35 and 36 of the National Assembly” and that Chaponda appointment was also “under and by virtue of the powers vested in its Standing Order 35(1) of the National Assembly”.

The MPs present were Chaponda himself; Shadric Namalomba; Joseph Mwanamveka; Chimwemwe Chipungu; Bright Msaka; Vuwa Kaunda; Kilekwa; Gladys Ganda; Mzomera; Thoko Tembo; Ndebele; Mpanga; Mathanda; Fyness Magonnjwa; Chijere; Matola; Malowa; Masamba; Mavuto Bokosi; Malume Bokosi; Victor Musowa; Ben Phiri; Brown Mpinganjira; O. Shaba; Nomale; Chida; Charles Mchacha; Chambo; Mwina;  Kachingwe; Ndalama; Chimalira and Makande.

Absent were Nankhumwa himself; his wife Gertrude Nankhumwa; Jappie Mhango; Mark Botoman; Chimunthu Banda; Ralph Jooma; Noel Lipipa; Nicholas Dausi; Dr Ngwale; Dr Susuwele; Jusuf Nthenda; Sameer Suleiman; Majaza; Navicha;  Kwelepeta; Gadama; Kanyama; Namachekecha; Scott; Tambala; Mwambande; Awali; Grant; Mambala; Kutsaira; Chilenga; Mwase; Chomanika; Million; Phiso; Santigo Phiri; Nkhata; Kingston; Naeja; Chitsulo; Masebo; Bongwe; Naliwa and White.