High Court Judge Kenyatta Nyirenda has reserved his ruling to a later date on whether an injunction granted to some Democratic Progressive Party (DPP) Members of Parliament (MPs) against appointment of Mulanje South West legislator George Chaponda as leader of opposition should continue or be vacated.
The matter resumed on Monday in Lilongwe where the court heard applications from both sides including that of the incumbent opposition leader Kondwani Nankhumwa who is seeking for a fresh injunction against Chaponda’s appointment.
According to one of the lawyers representing the Nankhumwa – Cassius Chidothe, the Claimants were not invited where the Party, led by its President Peter Mutharika voted for Chaponda as Leader of Opposition.
“The basis is that when he [Nankhumwa] had applied in Blantyre, the court didn’t give the injunction on the reason that there was already an injunction here [Lilongwe] so the court didn’t consider the application on it’s merits.
“The reason is very simple, the way the decision to remove Nankhumwa from the leader of opposition position in the National Assembly didn’t comply with the law, Nankhumwa wasn’t given notice to attend,” Chidothe said.
But lawyer representing the defendants Chimwemwe Sikwese has argued that some members who obtained the injunction were invited but sent an apology.
He said: “Some of the persons who are alleged to have obtained the order of injunction have disowned that they never gave instructions to anyone to proceed with an application for injunction.
The Claimants didn’t disclose that some had been invited and sent apologies so we asked the court to discharge the injunction.”
Meanwhile, the lawmakers who sought the injunction say as it stands the court order is still in force.
“The Judge has been adjourned to an unknown date, the Judge wants to write down a proper ruling so we will be told when the ruling is ready but meanwhile the injunction continues until the further order of the court,” said Wapona Kita, lawyer representing the DPP MPs.