The Supreme Court has thrown out an appeal by the Opposition Democractic Progressive Party to stay an order by the High Court to hold an elective conference by December 30, 2023.
Supreme court of appeal Justice Rowland Mbvundula said the appeal was premature.
The Peter Mutharika faction wanted the court to stay the ruling, which ordered the party to hold a convention within 90 days, pending their appeal at the supreme court of appeal.
But the Judge adjourned hearing of the matter to January next year, which did not please the DPP, hence its appeal of his ruling to the supreme court.
But in his ruling Justice Mbvundula has rebuffed the party, describing their application as premature.
According to Mbvundula, an adjournment is not a refusal therefore the party was not supposed to appeal an adjournment.
The DPP was ordered by the court to hold a National Governing Council-NGC meeting and later, a convention within 90 days.
The APM camp challenged the High Court's order at the supreme court.
Meanwhile, the National Governing Council meeting held on Wednesday has settled for December 26 and 27 2023, as dates for the party's elective national convention.
Mutharika has told the meeting that he will seek re-election at the convention.
Leader of Opposition in Parliament Kondwani Nankhumwa on Monday declared that he is ready to contest for the DPP presidency during an elective conference.
Nankhumwa until Monday was DPP vice president for the southern region before he was fired by party leader Peter Arthur Mutharika and moved to the position of advisor to the President.
His firing follows a protracted infighting within the party which has seen Nankhumwa leading one faction which has been at loggerheads with Mutharika demanding him to step down.
During a press conference in Blantyre, the charged Nankhumwa said he is not cowered by any forces and he is ready to face it off with Mutharika.
He said he was also sure that he would defeat the 89-year-old party President.
''After this convention, I will surely be the DPP candidate in the 2025 elections. My desire is to restore DPP's lost glory,'' he said.
Nankhumwa said his decision to contest at the DPP convention follows thorough consultations he has made with various stakeholders including his own family.
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He said he will win at the convention no matter who decides to challenge him and in his life, he has never lost an election.
He also said he remains party vice president for the south, saying he is just hearing reports of his removal on social media platforms.
Nankhumwa has attributed chaos in the party to poor leadership.
He said the DPP as a political party leaves a lot to be desired saying, ''It is not being managed professionally.''
He also said that under his leadership, he will ensure that tenets of intra-party democracy are not suppressed as with the current administration of the party.
''The DPP under my leadership will be a party for everyone and not a chosen few,'' he said.
He said the DPP is currently reeling under the 'big man syndrome' where few people surrounding the party president have become the law itself.
Nankhumwa said he also respects Mutharika's decision to contest at the convention but stressed that it must not be at the expense of intra-party democracy.
He said he is aware that Mutharika wants other candidates to step down from contesting at the convention.
He then called on his supporters to desist from castigating members in the other faction of the DPP, particularly the incumbent leader of the party, Mutharika.
''Should he contest, please do not insult or castigate APM. Democracy entails that we coexist peacefully so let us allow everyone to participate as they want,'' he said.
