High Court Judge Howard Pemba has delivered a thunderous ruling, declaring that the National Executive Committee (NEC) of the ruling Malawi Congress Party (MCP) lacks the authority to impose new eligibility criteria for aspirants eyeing top positions.
The NEC had audaciously passed a resolution prohibiting individuals who haven’t held any position within the party for at least two years from contesting for NEC roles. They argued this was necessary to preserve the party’s ideological purity and prevent its DNA from mutating.
Reading his judgement Judge Howard Pemba said: “NEC has no authority of passing eligibility criteria which is contrary to the provisions of its constitution.”
MCP member Eddie Banda petitioned the court to overturn the NEC resolution
“With this monumental ruling, Mumba and his allies are now back in the race, unless the entire convention moves to block them—which seems highly improbable given his substantial support among the delegates. The stage is set, the battle lines are drawn, and the fight for leadership is about to ignite,” said Joseph Masina, a senior political analyst in an interview.