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The Malawi Congress Party (MCP) and three of its legislators have withdrawn contempt of court proceedings against Chief Secretary to the Government Justin Saidi and Minister of Lands, Housing and Urban Development Chimwemwe Chipungu.
The case, which was scheduled for hearing on August 17, concerned allegations that Saidi and Chipungu had deliberately neglected to facilitate the payment of rentals for a warehouse at Njewa and Capital Development Limited (CDL) premises in Lilongwe, which are being used by the Malawi Electoral Commission (MEC).
A notice dated August 14 and filed before High Court Judge Kenyatta Nyirenda in Lilongwe by lawyer George Kadzipatike confirms the withdrawal.
Kadzipatike has since confirmed the development, saying he received instructions from MCP to withdraw the contempt proceedings against the two government officials.
“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,” Kadzipatike said.
However, the lawyer stressed that the withdrawal of the contempt proceedings does not affect the injunction restraining the relocation of MEC from Lilongwe to Blantyre.
“However, the injunction restraining relocation of MEC to Blantyre remains in force,” he said.
Kadzipatike said it was now up to Government to decide whether to comply with the existing court order, adding that the Attorney General was capable of advising Government on the matter.
“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 development means that while MCP has abandoned the contempt proceedings against Saidi and Chipungu, the legal restriction preventing the relocation of MEC to Blantyre remains in effect.
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