DPP wants John Tembo out as Leader of opposition, case starts in court
The Attorney General (AG) wants the court to dismiss a case in which Democratic Progressive Party (DPP) sued the Speaker for failing to recognise Peter Mutharika as leader of opposition on grounds that the party has no capacity to sue or to be sued in its own name.
The AG argues that the DPP is merely an association of persons associating to further their political agenda with corporate identity and therefore it has no capacity to sue.
"It is clear that leave to apply for judicial review in this matter was granted to a non-entity thereby making these proceedings a nullity from the beginning and a waste of courts time," the AG argues.
The respondent also stated that there has been suppression and or misrepresentation of facts by the applicant- DPP which lacks legal capacity to bring these proceedings to court.
The AG argues that the DPP knew or ought to have known when applying for leave for Judicial review that it is unincorporated and lacks legal capacity to sue or be sued in its own name.
"The applicant should have disclosed this fact to the court. This suppression of such a material fact is a fatal feat by the applicant," argues the respondent.
The AG adds that misrepresentations and suppression of material facts are fatal to the application therefore calls for dismissal of the application .
The AG has made requests to the court that the application by the DPP be struck out because as a party it is a non- legal entity, that it lacks capacity.
The DPP is challenging the Speaker's failure to act on its communication of June 25, 2012, advising him of its election of DPP Acting President Peter Mutharika as leader of the opposition and recognise him such in line with Standing Order 3 (3).
Lawyer Kalekeni Kaphale is representing DPP in the matter.