By Jones Gadama
The Malawi Congress Party (MCP) and three of its legislators have withdrawn a contempt of court case against Chief Secretary to the Government Justin Saidi and Minister of Lands, Housing and Urban Development Chimwemwe Chipungu.
The case was scheduled for hearing on August 17 at the High Court in Lilongwe.
MCP had accused Saidi and Chipungu of failing to facilitate payment of rentals for warehouse space at Njewa and Capital Development Limited premises in Lilongwe that are being used by the Malawi Electoral Commission (MEC).
Lawyer George Kadzipatike filed a notice of withdrawal dated August 14 before High Court Judge Kenyatta Nyirenda.
Speaking after filing the notice, Kadzipatike confirmed the development. “I can confirm that I received instructions from the Party to withdraw the contempt of court proceedings against the Secretary to the President and the Minister. I have accordingly filed the notice of withdrawal in the High Court and have already served it on the Attorney General,” he said.
Kadzipatike however said the bigger legal battle is not over. “However, the injunction restraining relocation of MEC to Blantyre remains in force. We think it is all up to Government to act in compliance with the injunction or not; they have a capable Attorney General who will guide them on this matter,” he said.
The dispute started after the President issued an Executive Order directing the relocation of four government institutions from Lilongwe to Blantyre, with MEC among them.
Through its Chairperson Justice Anabel Mtalimanja, MEC challenged the order in court arguing that as an independent constitutional body it cannot be moved by presidential directive and that the move would disrupt its operations.
The court granted an injunction stopping government from relocating MEC to Blantyre until the matter is determined.
The case has sparked public debate. Many Malawians have been asking how MEC can insist that it cannot “listen to government” yet continues to rely on the same government for funding, salaries, office space and a conducive working environment.
Government has maintained that it has never interfered with the administration or conduct of elections by MEC, and that the relocation was part of efforts to decentralize public institutions and take services closer to the people.
With the contempt case now withdrawn but the injunction still in force, all eyes are on the Attorney General for legal advice on the next steps.
