The High Court in Zomba has rebuffed an application by Mangochi South West legislator Shadrick Namalomba demanding Speaker of Parliament Catherine Gotani Hara and estranged Democratic Progressive Party (DPP) Secretary General Grezelder Jeffrey to be cross-examined in a case involving leader of opposition Kondwani Nankhumwa.
Namalomba obtained a court injunction restraining Nankhumwa from making decisions in Parliament without the blessings of the party and its leader Peter Mutharika.
In his ruling, Judge Mzondi Mvula said that to cross examine the Speaker while Parliament is sitting is a abuse of process. It violates section 5 of the National Assembly (privileges Act).
“The claimant should have applied for leave before court, sitting aside privilege, raising constitutional issues the case raises to justify while Chamber is in motion. Anything short makes service defective,” reads part of the ruling.
The judge further said the application for leave to join by judicial review filed by the DPP was also an abuse of process because the erstwhile governing party was already a party to the proceedings.
“Application for leave by to join by Judicial Review filed by the second Interested Party to the proceeding where it is already a party is abuse of the process. Any perceived abuse of process must be expunged without witching at all,” said Mvula.
On examining Jeffrey wa Jeffrey, Judge Mvula said it is not possible to examine someone who has no sworn statement.
