THE MMD faction led by vice presidents for political affairs and Administration, Michael Kaingu and Brian Chituwo respectively has instructed their lawyers to commence contempt proceedings against party leader, Nevers Mumba.
This is in a matter in which Dr Kaingu and Dr Chituwo had sued MMD deputy national secretary, Chembe Nyangu seeking an injunction restraining Dr Mumba and others from holding the party’s National Executive Committee (NEC) meeting to elect the national secretary amid political wrangles in party.
The two were on Sunday granted an order restraining the MMD from convening the meeting but Dr Mumba allegedly ignored the court order and held the meeting which saw the election of party presidential spokesperson, Muhabi Lungu as secretary general of the party.
The NEC also resolved that Dr Kaingu and Dr Chituwo be subjected to disciplinary action.
Dr Kaingu and Dr Chituwo had also prayed to the court to order that any acts, decisions and elections done or conducted by the MMD without following laid down procedures were illegal, null and void until the mater was disposed off.
But Dr Mumba on Sunday defended his move contending that he had not been served with any court order.
In an interview yesterday, Dr Kaingu and Dr Chituwo’s lawyer Milner Katolo from Milner Katolo and Associates said he had been instructed by his clients to commence contempt proceedings.
“Our instructions are that we commence contempt proceedings and we are already doing our paper work,” Mr Katolo said.
Mr Katolo said in as far as his clients were concerned, Dr Mumba and his group should not have gone ahead to hold the meeting because a court order was rightfully served on Mr Nyangu, who was sued on behalf of the MMD.
But Mr Nyangu has clarified that he was not present during Sunday’s NEC meeting for fear that he could be cited for contempt.
He said there was an injunction in place which clearly spelt out the consequences of disobeying the court order.
Mr Nyangu said in an interview that no one including the party President and other senior party officials should express ignorance over the injunction granted to two party vice presidents.
” I was not part of that NEC meeting and yet in actual facts I was supposed to chair it, the reason is simple, I wanted to recognize and respect the Court Order, I don’t want to be part of further consequences of disobeying the injunction, all senior party officials were informed I went there personally,” Mr Nyangu said.
Counsel milner katolo, you are a learned man and are familiar with the High Court rules as regards service of process in a civil cause on a sunday. Advise your clients accordingly my brother.
Sounds like the PF judiciary puppets went all out to obtain an injunction on a Sunday.So can we all now get injunctions and get judges to work on Sundays?If so what a nice precedence..we will have our civil servants working 7 days a week. Looking forward to seeing how this plays out.
It is possible and an acceptable legal practice to seek an injunction any time including Sundays but ONLY when life or civil liberties are threatened and will rarely be applied to “CIVIL” matters…never mind internal political wrangles. It is therefore possible to applaud Dr Mumba for having questioned the validity of an injunction that was served on a Sunday. One wonders whether or not the Justice minister called Justice Silungwe and said, “I have a couple of people who I am sending over to see you – with something urgent”. He is in the habit of doing this considering he wrote to his PF colleague and “copied” the Chief Justice in the correspondence over a matter that was before the Supreme Court…”Just wondering”…
Nyangu seems to be another mole to me. They need to clean up this democratic party, otherwise we will not have a democratic Zambia.
The more I read about this the more evidence I see that the Kaingu Chituwo Dora group are paid mercenaries to further destabilize the former ruling party.
Nyangu heheheheheeh!
The fine line between love and hate is at play here. Whether or not they have been paid, these senior party members are doing the classical rendition of ‘If I Cannot Have You, Nobody Will’. I earlier pointed out when this started that whether or not Mumba steps down the disintegration train was already on the tracks and the brakes were off…
Any act required to be done by a person on a date which falls on a Saturday or on a Sunday or a public holiday shall be valid and effective if done on the next following day not being a Saturday or a Sunday or a public holiday.
Anyone to comment on the UPND injunction which was disregarded by Police.
Praying for Dr Mumba, family, MMD supporters and all Supporters you shall see God’s great hand of deliverance. Stand still and see the salvation of the Lord the Egyptians you see today you shall see no more.
The only thing you want is to see MMD dead. You see, you plan is short lived. You shall live to see this party into power. Please leave us alone and go and join paya farmer party. We are very comfortable with Nevers. GO AWAY.
The PF, through its sponsored agents may think that they are destroying the MMD when in actual sense they may be strengthening it even more. This is how things work. I would like to urge those in the MMD who are truly for the party to be steadfast and not lose heart. They say that the darkest hour of the night is just before dawn. This could be one way of the party ridding itself of fake members whose interests are just to have their pockets lined as has happened with the PF funding to create acrimony in the party. I can assure you, what is happening is a way of emerging stronger than before.
Mumba has blundered here. He could have simply waited for another day. Mind you he is already on record of a conviction on contempt of court only a few months ago for criticising a judge and he has done it again. As an aspiring president he must be seen to respect the law whatever the circumstances.
Can you comment on the UPND injunction which was disregarded by Police.
ba nevers mumba, just two weeks ago you were kneeling before the courts for mercy over a contempt of court case and you are back at it again? you don’t seem to learn. this time no leniency by the courts, you are a second time offender. law is law baba. chimbwi no plan
Can you comment on the UPND injunction which was disregarded by Police
Nyangu is telling lies. What time did he receive the injunction order? What time was it signed by the judge? Which place was it served, Nyangu’s residence, Parliament Motel, Chituwo/Kaingu’s car, at Judge residence where all these went together?
Nyangu shall be charged for contempt of court and abetting justice by not delivering the injunction and being in conspiracy with Kaingu and co. to create a fake contempt case.
Arrest Nyangu.
Arrest Kaingu
Arrest the judge who was a part of the conspiracy. Use ka Malawi judge Lovemore Chikopa to investigate this Judge, a genuine case for the Tribunal.
This is how ignorance works. A Judge works 24/7. an injunction can even be obtained any where my friend as long the judge is sober. Injunctions in Zambia and all over the world have been obtained on Saturdays, Sundays and awkward hours. It is a normal practice.
Can you comment on the UPND injunction which was disregarded by Police sometime back.
@Bob
You are not being entirely honest in your claim or is it “ignorance at work”?. Yes, injunctions can be obtained at awkward hours, 24/7, including Saturdays and Sunday’s. However, those obtained “outside” normal working hours have to be…and shown to be of significant impact on an individuals liberty or life. It certainly does not extend to internal political wrangles whose impact (if not granted) has no bearing on any given individual whatsoever. Especially if it is simply aimed at frustrating your rightfully elected opponents.
Were Chituwo, Kaingu et al lives at stake if the NEC meeting went on? So why get an emergence injunction. I thought the NEC meeting provided a good opportunity. NM and the legal brains in MMD must have done their home work. Nyangu has failed becoming party’s CEO even when he was elected deputy. What a shame! MMD need vibrate young guys, not those to the party to eat by their relatives.
NEC meeting on Sunday of all days? Has Pastor Mumba stopped going to church now? Just wondering.