By Jones Gadama
The Malawi Congress Party (MCP) has received a significant reprieve from the High Court in Lilongwe, which has set aside a default judgment that favored Madalitso Mazombwe in the Salima South Constituency polls.
The judgment would have compelled the party to field Mazombwe as its candidate in the parliamentary elections.
According to MCP Legal Director George Kadzipatike, the party had entrusted the case to a lawyer who failed to file a defense within the prescribed time, resulting in the default judgment. The court subsequently ordered the party to field Mazombwe as its candidate.
However, Kadzipatike swiftly filed a motion to set aside the order, which has now been granted.
“We are ultimately happy that the default judgment has been set aside,” Kadzipatike said.
The MCP Legal Director also revealed that the party had prayed for compensation to cover costs incurred by Mazombwe and his lawyers due to the inconvenience caused by the former lawyer’s negligence. This resulted in a K1,500,000 order for party and party costs.
The development brings relief to the MCP, which can now proceed with its preferred candidate for the Salima South Constituency seat. The court’s decision allows the party to regroup and strategize for the upcoming parliamentary elections.
This case highlights the importance of diligence in legal matters, particularly in the context of electoral disputes.
MCP’s swift action in addressing the issue has paid off, and the party can now focus on the bigger picture of winning the elections.
The Salima South Constituency seat is one of the highly contested seats in the upcoming elections, and MCP’s candidate selection will play a crucial role in determining the party’s chances of winning.
With the default judgment set aside, MCP can now select its candidate without any court-imposed restrictions
