Catherine Namugala files for an injunction to restrain MMD from expelling her
MMD’s Mafinga Member of Parliament Catherine Namugala has filed an injunction restraining her party from expelling her.
Ms Namugala who is the chairperson for women’s affairs also wants the court to declare null and void the appointment of MMD Senga MP Kapembwa Simbao as acting national secretary following the expulsion of Richard Kachingwe, who was the party’s national secretary.
She sued Mr Simbao as a first defendant in his own capacity and Mr Simbao as a second defendant on behalf of the MMD in his capacity as acting national secretary.
Ms Namugala further wanted the court to declare whether Mr Simbao’s appointment as acting national secretary was legitimately done and also nullify the proceedings of the meeting that appointed Mr Simbao because it failed to form a quorum
Ms Namugala contested in an injunction filed before the Lusaka High Court principal registry that she was still a member of the troubled opposition party.
She stated that in 2011 the MMD held a convention which elected all National Executive Committee (NEC) members on which its then national secretary, Major Kachingwe was elected but that his subsequent replacement by Mr Simbao was rejected.
She said that on December 3 2012, Mr Simbao was purportedly adopted by MMD leader, Nevers Mumba’s group in the NEC despite the grouping not forming a quorum of half of the NEC members of 64 as required by the party guidelines.
Ms Namugala said that the Court should therefore declare that Mr Simbao’s appointment was null and void.
She said that on December 24 2012, Mr Simbao wrote her a letter of disciplinary action in which he purported to act in pursuant to the powers vested under Article 46 (I) and (3) of the party constitution when he was not national secretary or deputy national secretary elected by the party convention.
Ms Namugala said the MMD purported to charge her with two offences of which she exculpated herself to Mr Simbao despite being acting national secretary a position she described as illegitimate and unconstitutional.
She said that Mr Simbao and MMD through Dr Mumba had hatched a plan to expel legitimate members including her for standing up to defend the party constitution.
Judge Fulgeance Chisanga who is handling the matter has since set January 23, 2013 as the date for inter-parte hearing.