Legal commentator analyzes CSOs’ pursuit of contempt charges against DPP
In a detailed legal discussion, a renowned upcoming legal pundit, Lord Denning QB (as he is known on social media), has examined the actions taken by Civil Society Organisations (CSOs) against the Democratic Progressive Party (DPP) and its top leaders regarding their failure to comply with a High Court ruling in the “Blue Night” case.
According to QB’s analysis, the CSOs are reportedly initiating contempt of court proceedings, seeking the deregistration of the DPP and the arrest of its party president, secretary general, and treasurer general.
Denning explains that despite this move being grounded in the legal principles of the rule of law and the enforcement of court orders, the measure to deregister the opposition DPP and have its readers arrested ahead of the upcoming 2025 general elections should not be preferred.
“While the CSOs reserve every right to move the Court to punish the judgment debtors and bully them into satisfying the judgment debt by commencing contempt of court proceedings as well as applying to suspend their license or certification that enables their operations under the law, it is my considered view that resorting to other methods such as Writ of Fieri Facias may be recommended if the DPP and its top officials have assets that may be seized and sold by sheriffs”, said QB on his analytical post of the matter adding that:
“If the DPP and/or the concerned top officials have some assets from which monthly income flows, the CSOs may consider applying for Appointment of Receiver of such income in which the assets would remain the property of the DPP and/or the concerned officials but the income flowing from them would be diverted towards satisfying the judgment debt”.
Providing another option which he referred to as Garnishee Order, LordDenning explained that “should it happen that the DPP and/or the concerned top officials have enough money in their bank accounts which can satisfy the judgment debt, then a Garnishee Order to the banks may be recommended means for prompt recover of the money”, he said while explaining that a Garnishee Order is whereby the court orders a third party (such as the bank) who is in custody of the judgment debtor’s money, ordering that third party to pay the money held on behalf of the judgment debtor to a judgment creditor.
The “Blue Night” case involved the alleged abuse and misuse of public funds by the DPP, which the CSOs sued the party for in 2018. The High Court ruled in favor of the CSOs in 2023, ordering the DPP to refund the money within 30 days, thereby becoming a judgment debtor according to QB analysis.
However, the DPP has failed to comply with the ruling, prompting the CSOs to pursue contempt of court proceedings.
Denning acknowledges that the proposed measures of deregistration and arrests are severe, but he suggests that the CSOs may be justified in pursuing those drastic measures if the DPP continues to defy the court’s order:
“While the proposed measures of deregistration and arrests are severe, they may be justified if the DPP continues to defy the court’s order. However, I would, factoring in political considerations, recommend an application for an arrest and/or application for an order to deregister the party if the DPP and/or its top officials would choose to resist when alternative orders suggested above from being executed”, he suggested, pointing out that “at that point the severe measures would remain appropriate methods of last resort in the circumstances”.
In concluding his views, LordDenning recommended that the CSOs and the court carefully balance the need for the enforcement of the judgment with the preservation of the democratic process and political pluralism, especially with general elections looming.
The legal expert further emphasized the importance of the rule of law and the effective enforcement of court orders, stating that the outcome of these proceedings will have significant implications for Malawi’s democratic governance and the public’s trust in the justice system.
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