Trial of the case in which some civil society organisations (CSOs) want the Democratic Progressive Party (DPP) to reimburse about K14 million in donations by public institutions started on Thursday but only lasted for about half an hour after the party asked High Court Judge Zione Ntaba to strike off the case.
The party, through lawyer Chimwemwe Sikwese, argued the claimants failed to comply with directions the court issued last year as such there was no need to proceed with the matter because “they are perhaps not willing to prosecute”.
But the claimants’ counsel Leonard Mbulu argued there was a provision under the law which governs civil proceedings and gives powers to the judge to proceed with the trial looking at the substantive matter of the case regardless of failure to comply.
Judge Ntaba of High Court Zomba Registry (where the case is being heard) has since reserved her ruling on DPP’s prayer to January next year. The case was heard virtually through Zoom.
The claimants were expected to parade their first and only witness in the case, Gift Trapence who is chairperson of the Human Rights Defenders Coalition (HRDC) and executive director of Centre for the Development of People (Cedep).
The CSOs pursuing the case include HRDC, Cedep, Centre for Human Rights and Rehabilitation (CHRR), Youth and Society (YAS) and Livingstonia Synod’s Church and Society Program.