A group of Civil Society Organisations (CSOs) has instructed its lawyer to launch contempt of court proceedings against the Democratic Progressive Party (DPP) and its top leaders for their failure to abide by a High Court ruling in the “Blue Night” case.
The former ruling party was accused of soliciting millions of kwacha from public institutions, including Blantyre City Council and Lilongwe Water Board, Lilongwe City Council, and Mzuzu City Council among others for a partisan fundraising event held at Kamuzu Palace in 2017. The Blue Night partisan event was held at Kamuzu Palace, yet a Government facility, further demonstrating the DPP’s inclination to abuse public assets for partisan interests. In 2017, the DPP reportedly got K13.5 million from public institutions. Despite Civil Society Organizations (CSOs) being angered and staging demonstrations against the conduct in 2017, the DPP repeated the move in 2018 where the unrepentant public institution ‘donated’ an accumulation of over K30 million to the DPP which ruled with an iron fist carrying a money-syphon.
The CSOs, including Youth and Society (YAS), Human Rights Defenders Coalition (HRDC), Centre for Development of People (CEDEP), Human Rights Consultative Committee (HRCC), Center for Human Rights and Rehabilitation (CHRR) and the Church & Society, a governance and democracy watchdog outfit of Livingstonia synod of the CCAP church, had sought a court declaration that the donations contravened the doctrine of public trust, the Constitution, and the Public Finance Management Act. They argued that the funds were misused and abused for the DPP’s partisan interests.
Lilongwe Water Board and Blantyre City Council were among the institutions that prominently contributed large amounts to the party using funds meant for the public. Under section 178 of the Constitution and section 23 of the Public Finance Act, public money is not supposed to be expended unless authorized by an appropriate Act or is a statutory expenditure. Donations to the then ruling DPP was neither a statutory expenditure nor one that was authorized by any Act.
Lilongwe City Council admitted wrongdoing and was removed from the court case that ensued. The admission of wrongdoing by the Lilongwe City Council was made during a recommended mediation process which took place before Justice Masoamphambe. It was transpired at the mediation that another parastatal, the Lilongwe Water Board, had admitted wrongdoing and that it had repaid the costs. However, the DPP did not concede that what happened was wrong and the case against the party proceeded to court hearing.
In May last year (2023), the High Court Court Zione Ntaba ordered the DPP to refund the money within 30 days. But since then – roughly a year after the deadline – the DPP has not paid the money, hence the CSOs’ decision to move the same court to declare that the party and its three top leaders are in contempt of court.
Despite the High Court’s order in May 2023 for the DPP to refund the money within 30 days, the party has not complied, prompting the CSOs to take further legal action. They have instructed their lawyer, Wesley Mafulirwa, to move the court to have the DPP de-registered and have its party leaders holding the positions of President, Secretary General, and Treasurer General arrested.
This latest development highlights the ongoing battle between civil society and the former ruling party, as the CSOs seek to hold the DPP accountable for its alleged abuse of public resources for partisan gains. The outcome of the contempt of court proceedings will be closely watched, as it could have significant implications for the country’s democratic governance and the rule of law.
