THE Lusaka High Court has dismissed former MMD chairman for elections Mike Mulongoti’s application to restrain the party from accepting nominations for the national convention because it lacks merit.
Lusaka High Court judge Nigel Mutuna said the right Mr Mulongoti is seeking to exercise is only exercisable by a bona fide member and not a suspended member.
Mr Justice Mutuna said this in chambers when the matter came up for ruling on March 24.
“The right that the plaintiff (Mulongoti) is seeking to exercise under Article 9 of the MMD constitution, that is ‘to elect or to be elected or appointed into the leadership of any of the party organs’, is only exercisable by a member and not a suspended member.
I find that the application lacks merit and I accordingly dismiss it. Leave to apply is granted,” he said.
Mr Mulongoti had applied for an order of interim injunction to restrain MMD acting national secretary Chembe Nyangu from requiring and accepting nominations from members of the party at the national offices. The nominations are due on March 25.
But Mr Justice Mutuna said Mr Mulongoti has not sought a declaration from the court that his suspension is a nullity and as such, he is not contesting the suspension through his application.
He said Mr Mulongoti’s suspension is therefore still in force and as such, his rights as a member of the MMD, as he seeks to invoke them, have been suspended.
“Mr Mulongoti does not have a clear and arguable claim to the rights he seeks to protect and his cause of action is shaky and can best be described as weak,” Mr Justice Mutuna said.
He said one of the cardinal principles to grant an injunction is that the person seeking it must demonstrate he has a clear and arguable claim to the right he seeks to protect.
[Zambia Daily Mail]
politics,MMD neds Mulongoti to sort out Sata’s tuntrams
So the same courts granted the expelled MPs from PF leave to stay proceedings while Mulongoti’s plea is trashed. could it be difference of party constitutions or some laws are written during the night so that affected people will wake up to see the paint dripping just like animal farm? zambia has gone to the dogs or the dogs have visisted you
Mulongoti must just retire from politics. These are the same practices he perpetuated HIMSELF against others when he was on the buttered side. Doesn’t he sit to reflect on this?? What morality do our politicians have kansi?? And like I keep saying Zambia is a nation of beautifully written laws that only apply selectively to persecute!! The trend is to break laws and do shortcuts until one falls out of favour!! At this point the law is now followed to the letter and selectively too!!!!
ba mwizyo nomba twalamona utu ma tantrums twenu. mwapontele mpombo nomba chaba shani kanshi. ne ma koti mwalemona ukuti kuti yamipokolola nomba yaluka. ikaleni fye mwizyo
Ba Mike please napapata just quit politics you have contributed enough. Only God will reward you for having put RB in State House, RB will never show appreciation because he has conveniently forgotten how much you fought for him to ensure that Magande, Masebo et al did not have their wish. Politics is dirty indeed and I think you are too smart to be dragged into the mud.
MBITA CHITALA REGRETS SUPPOTING RUPIAH AND HIS UNIP CLIQUIE. WE ENJOYING THE GAME CHITALA AND MULONGOTI ARE REVEALING THE EVILS RUPIAH AND MMD.
NALIKWANDA UPND OFFICIAL JOIN PF,THE ONLY PARTY WHICH WILL BRING CHANGE.
DONT WASTE YOUR VOTE ON SMALL TRIBAL CLUBS IF YOU WANT CHANGE.
VOTE MICHAEL SATA AND PF COME 2011.
VIVA WIND OF CHANGE!! VIVA SATA!! VIVA MWAMUKOLO COME 2011
Ba Mulongoti time has come for you to sallow your bitter pile indeed its time for you to sit down and reflect on the things you did to others quit for now and come back after 2 years may be people will look at you differently then. As the saying goes be good to people on your way up you will need them you way down .
Chitala must go back into retirement permanently. We don’t want more mistakes…
Now Mulongoti, who is your friend? Mpombo? SATA? Bwezani? HH? or friendless???
Ba mwisho…mwabona nomba. We told you that the style of politics you were exercising were wrong now it is your turn to dance to your own tune. Please enjoy the new position of being an outsider, just sad that this is now for life. Ba mwisho kuyafye kuchito. By the way did you seat for the exams to be accepted at the bar? I do not think so.
Tasting your own bitter medicine that not so long ago you were in such a hurry to concoct. Time to lay back and refocus sir.
mwisho mwale pakala nomba chaba shani, mulebutukila nakuli ba post news paper to cover you. hehehehe, nomba mwamona, who is going to pay for your two blackberry talk time?
Mbita (Derrick )Chitala cannot competently call anyone UNIP. He was also Unip. Even Sata was Unip .I remember Between 1982and 1984 Chitala came to Evelyn Hone College with Sata and other contenders for a live debate for the Kabwata parliamentary seat which was eventualy won by Sata. They all came as UNIP candidates. What can Chitala tell us about him not having been Unip? Of course on that day Sata impressed almost all students such that most of us at the college voted for him on the poll day.CHITALA YOU ARE ALSO UNIP AND SHUTUP!
Imagine you are bitten by the owner of a dog. How do you go to complain to the dog? ‘Poppy, ngafwako. Nabansuma ba wiso.’
Ba Kapa Ba Mike, just go to lamba land for farming. You used to harrass others and then it is your turn. Pack your bags.
@13 Mwape – We mean those who remained in Unip. What you re saying is that we were all in Eden
Yes Mike Mulongoti is tasting his own bitter medicine. How can a learned man like him as he claims present such weak facts in court. Is he just a paper tiger. He should stop wasting his precious time instaed he should join either PF or UPND. Why cling to skin of a dying animal. You bring a camel into a tent next time it will kick you out. Earthly authority is not every thing in this world.
Mulongoti. Out of the frying pan. into the fire…kekekeke
This should be a lesson to all blind followers, Mulongoti, chitala sata, yes including sata for wanting to change the low to allow the pigmy to stand for the third time against the new Zed constitution which he helped set. Zambia is full of comedians. We need to clean our country.
Do unto others as you would like then to do unto you. Ukutumpa, mwalekana na 50%+ 1 ninshi nimwe ba party spokesman. Kwisa lilila ifyo mwalekana. mwamona MMD ifyo ya Sasa twaleti mwiletamo ba UNIP bantu bena no bunga nga bwa shala 20 mu shop ninshi bwaba Governor…
……Yes my dear no. 19 Prince chinza…..u r right , and the only is to get rid of the old attitude,….the old rotten eggs and bring in fresh ones, period. Please not under the old law we should create new systems, new constitution, and new everything. the old order cannot be used to bring a new order. Lets march on Zambia we are the chosen ones.
Have you ever seen TULYENJI fight the way he used to. Since UNIPist LUPIYA came to be excutive President of Zambia he has stopped he know that every thing is now UNIP. UNIMMDP that is Why William Banda is now MMD cadre
YALIKABA. HE WHO USES A SWORD SHALL DIE FROM IT. IFINTU KULINGANYA. YOU MISTREATED YOUR FRIENDS. ITS NOW YOUR TURN.HAHAHAHAHA