Friday, April 19, 2024

Decision to de-register and nullify MMD parliamentary seats is irresponsible-LAZ

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FILE: MMD cadres
FILE: MMD cadres

The Law Association of Zambia (LAZ) has said that the registrar of societies has no powers to nullify any parliamentary seat. LAZ President, James Banda, said that the decision to deregister and nullify MMD parliamentary seats was rushed, irresponsible and not in the public interest.

Mr. Banda said that the registrar’s decision was excessive. He said that discretionary power granted to the registrar of society does not make it mandatory for him to de-register an erring organization.

Mr. Banda said that such powers must be used in public interest. He noted that MMD is the largest opposition political party with more than fifty parliamentary seats and that de-registering it is not in public interest as it undermines democracy.

Mr. Banda added that the registrar could have referred the matter to the Attorney General to treat any alleged amount due from MMD as a debt and commence proceedings for the recovery of the said money owing..

Meanwhile, the former ruling Party has sought legal redress against the de-registration. MMD Secretary General Major Richard Kachingwe through party lawyers Hobday Kabwe and George Kunda has asked the high court to declare its deregistration null and void.

In its application for leave to apply for judicial review against the registrar of societies’ move to de-register it, the MMD through its lawyers is asking the high court to declare as illegal and unreasonable the nullification of its 53 parliamentary seats.

The MMD is seeking judicial review of the Registrar of societies’ move to de-register it, charging that it has duly paid all statutory obligations and has filed the requisite returns and notices as required under the societies act.

They have further asked the high court to quash the said decision and prohibit the registrar of society from levying illegal charges on the party. The MMD has since declared a dispute with the registrar of societies regarding the payment of statutory fees for its branches.

The party further claims that by effecting the cancellation and nullification of the 53 MMD parliamentary seats the registrar of societies amounts to usurping the powers if the high court which is the competent forum to nullify the election of an MP.

The MMD also claims that there is no legal requirement under the societies act for a political party which is registered at national level to register branches separately.

And Movement for Multiparty Democracy-MMD National Chairperson for Women Affairs Catharine Namugala has threatened that women in the beleaguered party countrywide will stage a naked protest on Saturday should the Registrar of Societies fail to heed the party’s call to rescind the decision.

Speaking soon after former President Rupiah Banda’s Press conference held at his residence near State Lodge in Lusaka today, Ms. Namugala told journalist that MMD women will not sit idle and watch willful assault on Zambia’s democracy.

She alleged that Zambia’s democracy was under threat under the Patriotic Front Government and warned that MMD women were ready to go to prison in defense of the former ruling party from de-registration.

MUVITV

95 COMMENTS

  1. The only problem left is to remind MMD about their own irresponsible act and at least hear them accept they are the root cause. Let them stay in parliament.

    • So you want them to saty in Parliament & CONTINUE RECEIVING TAX PAYER FUNDED ALLOWANCES, Whilst they REFUSE TO PAY THEIR DUES?????? This type of thinking is the root cause of all the political problems we have. MMD CAN’T HAVE THEIR CAKE & EAT IT!!!!
      Good MOVE ANDELEKI, & THERE IS NOTHING POLITICAL ABOUT CARRYING OUT YOUR DUTIES DILIGENTLY!!!!!!!!!!!!!!!

    • Reply at 1.3, I take my hat off, to the best of your articulation!!! bushe bali ku lowa???? Or is it that you have unfortunately inherited such retarded genes, that have had the double misfortune of being imprinted with a “Vulgarity Gene” that is indeed off the scale of any recognised Psychiatric Unit. NOT even Radiation from Fukushima would result in such a genetic mishap!!!

  2. Sata and Clement andeleki are adversaries of democracy not just in our country but Africa as a whole. We know that sata is a grade 7 but surely does he have to sink so low? This criminal dictator should never have been allowed to ever rule Zambia. The decisions that this grade 7 President is making are Joseph Koni look good. This criminal with no credibility called andeleki is taking matters too far and this is what drives Africa into civil wars because lunatics like him are used by low thinking Presidents to destroy democracy.

    • Tune your language to a lower tone. You sound to be educated but where were you when we were looking for credible leaders? Catherine, match alone naked. You should not mislead the public. It is out of your negligence. President Sata has nothing to do with the de-registration of MMD. The hour has come to harvest what they sowed.

  3. ZAMBIANS WHAT IS OUR COUNTRY TURNING INTO ?AM REALLY WORRIED ABOUT DEMOCRACY IN THIS COUNTRY .IT IS TIME TO WORK NOT GETTING AT EACH OTHER I THINK IT WAS NOT NECESSARY TO DEREGISTER MMD, I AM SURE THE COUNTRY HAS NO MONEY TO ON UNNECESSARY BY ELECTIONS AND THAT IS TAX PAYERS MONEY WE HAVE BETTER THINGS TO SPEND OUR MONEY ON.

  4. Namugala – don’t be silly!!

    Which women will be prepared to go “Commando” in the public domain? Why don’t you start-off by giving an example and see how this will end up if you display body-layers in the streets of Zambia.

  5. Mr Banda belongs to LAZ and he has to pay for his practising licence or else he will be de-registered and he can’t practise, what is different with MMD, all organisations should be treated equally. MMD, are just irresponsible and arrogant they deserve to be punished. The Registrar gave them enough time to mobilise the funds.   

  6. Hello LAZ, is that you? That is a pleasant surprise indeed, I had written you off together with Musa Mwenye. So there are still some sensible people there despite the attempted mutilation of LAZ by cadre Mwenye.

    • Sensible you say??? This ISN’T THE 1st REGISTRAR TO ASK FOR THE OUTSTANDING DUES, & he didn’t ask just once – so for LAZ to foolishly jump the gun before all processes of appeal/ Court etc are exhausted – makes their LEARNED OPINION such a FARCE!!!! LAZ should be looking to better leadership!!!
      Who is actually Irresponsible in this case?? THE WANTON DEFAULTER, or the Registrar who is trying to carry out his duties diligently – especially that we voted for PF to turn things around AS WE ASKED FOR THAT TO HAPPEN IN ALL, i.e ALL OUR PUBLIC SERVICES, NO FAVOURS, BUT TO ABIDE BY THE LAW!!!!! James Banda should desist from appearing in the spotlight for no apparent reason!!!!

  7. President will soon open the Muliashi Mine in Luanshya. I wonder what the speech will be like? Something like “…….My government is opening new Mines to create job opportunities….” or “…the opening of Muliashi demonstrates that my government is committed to develop the country…..”. Or better still “….As PF we appreciate the contributions made by my predecessor President Rupiah Banda to develop Zambia and create more jobs for our youth….” Chuckle.

  8. “…He said that discretionary power granted to the registrar of society does not make it mandatory for him to de-register an erring organization…” what does this mean?
    People of God, how come the laegest opposition was so negligent to pay 390M zk? Let us not justfy the case with the results. If zesco are able to cut the power and water works are able to close the tap at the balance of 100,000 what more the registra of societie? shame to all former mmd members. you mean kunda george does not know this???????????????????????????????????????????

  9. # 7 the name of the game is continuity and improving on it. even UNIP continued on where the british left. dont expect just because there is a regime change then even the good things done by the previous regime should be thrown away. remember it is all about Zambia not about political parties

  10. Even LAZ is against the move. This was a terrible mistake. Go ladies, we shall be watching on Saturday. I hope this will not happen. Our President will do something before Saturday. 

  11. Kate you are a delusional bit.ch You are encouraging women to undress? What did you do for women in Zambia or for Zambia for that matter. You are your cohorts were busy plundering the country now you want other women to undress for your personal gain?

    Women can be heard with their clothes on you shameful harlot! Go and undress by yourself!

  12. I think someone should write to the president and tell him that he is no longer in opposition. He is the man on the seat and may continue to be so for another 5 years. These petty political vandetas are unwarranted.
    He needs to devise a plan to develop the nation and stop focusing on opposition.

    But of course, no one will see the sense because I have not put any insults in this post.
    Wake from your slumber, my beloved country. 

    • You are the one that is being petty!! SATA was voted into power to come & sweep all the dirty crookedness away – Yes he has asked all public officers to carry out their duties diligently, If ANDELEKI HAD FAILED TO DO SO, his job would have been on the line, AND ALL YOU ARM CHAIR HEROES & CHEERLEADERS wouldn’t have been around to save his bacon!!! INSTEAD OF DOING THE RIGHT THING, all YOU ARE DOING is encouraging MMD TO CONTINUE WITH THEIR ARROGANT STU.PIDITY!!!!!
      Yes, no one denies that our democracy will be weakened, somewhat, temporarily BUT BY DOING SO WE WILL STRENGTHEN IT BY HAVING RESPONSIBLE PARTIES THAT OPERATE WITHIN THE LAWS OF THE COUNTRY!!!!!!

  13. No self respecting woman should bare her body to the public. Free peep show for what! Better you carry baskets and collect cash for this annoying bill :) Hope the one calling for it is prepared to lead by example and have to face the enmbarassment of laying it all out :) Step backward for the empowerment of women – and what nonsense to teach our future female and male leaders. Tell the guys to let it all hang out and see where that gets you :) Any volunteers?

  14. From LAZ…Mr. Banda added that the registrar could have referred the matter to the Attorney General to treat any alleged amount due from MMD as a debt and commence proceedings for the recovery of the said money owing..”in which way baba?” if it were other organizations could you have said the same? keep this thinking to yourself…lol

  15. Mrs Namugala don’t say we shall go naked. Say the poor women will protest naked. Go ahead people will see your nakedness who cares we have seen a lot of naked women. Children will see pornographic at its best, lets hope the IG won’t arrest you. When you heard that you debts, the MPs would have donated each ka 7meter so that they still remain in party. Muzilipira guys just because you were in ruling party and don’t want to pay. GIVE WHAT BELONGS TO SIZA PLEASE. INFACT DONT SAY MMD PARTY FORMER PARTY. YOU ARE DEREGISTERED

  16. So really where is the problem?Somewhere,people have been labelled tribalists for rejecting a schemy decision!Somewhere, people have been insulted by reluctance to take BA64 to cabinet after election promise and spending billions on commission they instituted themselves!Somewhere, workers have been dared to go on strike!Somewhere, residents of a once cleanest town demonstrated.Somewhere, cadres have taken over grabbed privatised companies!Somewhere, the promise of more jobs has been kept-legalised street vending!Somewhere, windfall taxes remain talk of day!Somewhere, draft constitution deadline postpones!Somewhere, talk of commissions of inquiry has died out-ERB?…

  17. Catherine with her daughter should lead this protest. Lets see how people like your cellulite and droopy mammarians. Then the police should arrest you for indecent exposure.

    That is why MMD is deregistered because of criminals like yourself!

    • Thats true!! criminals that have only one or two things on their mind, 1) get more dosh from public funds in the name of parliamentary allowances, 2) Sex & nakedness, (by the way, where is your video?????)

  18. “During my tenure as national secretary, the documents (MMD annual returns) were submitted to the Minister of Home Affairs by State House and what I suspect is that they did nothing and simply told the Registrar of Societies to look the other way. This was done between the party president and the minister responsible for the Registrar of Societies. We were always asked to do returns and we took the documents but we were directed by the party president, in my case Dr Mwanawasa and Mr Banda who were also republican presidents, to take them to the Minister of Home Affairs” 

    – Dr Katele Kalumba

  19. # Maxwell the NED has kicked off again, ring 999 HNS for sedatives to calm down or will let your at Chainama to roam around, with looks as yours fits a zoo.

  20. The drama continues. Zambian politics is never shot of drama haha. On a serious not this is not good for democracy pa zed. Whats the constitutional position regarding the seats held by the MMD? Any constitutional experts please inform us. The MMD needs to find out a way of sorting this shambles out. We need a credible opposition in the country. 

  21. ~ Surprising that many Zambians are used to leaving in a lawless country. Even the org which is supposed to embrace the law has been brain washed. This is extremely out of this world. MMD has been erased and dont be surprised if the court rule in favor of the registrar. 

  22. James Banda is forgetting that should the court fail to support this move by the registrar, Lawyers in Zambia will be using the case to argue against any decision to deregister erring organisatiosn in Zambia. What a foolish statement from LAZ

  23. Nullify the entire general election, and Sata won’t have a job. This madman you put in the State House has is very retrogressive.

  24. Namugala! Namugala! Namugala! Please don’t go that route. Its not worth it. But what ever you are thinking of, go to ocean, sea and lake beaches around the world, there are a lot of them in bikinis. That not demonstration is a way of happiness in the sun. But I never thought you could get that nasty, especially if you demonstrate naked in Cairo road. Who will lead the demo?  

  25. mugala let dora siliya read the naked protest and pliz make sure you are butt naked..visit all the provincial headquarters like the africa so that at least all zambians have a chance to see your bums..the drug stores that sell medicine for the eyes should be celebrating coz after saturday there will be an epidemic of tu nsokele all over the place.

  26. Democracy is under attack. The PF govt must heed to what people are saying. If this situation is left unchecked, the country may plunge in to civil war. The executive is using excessive powers than any other organ of the government. At this point, the only solution is a political one. MMD and UPND members of Parliament can agree to pass a vote of no confidence. Alternatively, the two major opposition parties can agree to resign National Assembly, and looking at the numbers, that can automatically result in the de-solution of govt. To avoid an early general election, the PF govt can be more tolerant of the opposition. The best way to govern is to concentrate on developmental projects. Mr Sata needs qualified advisors to help him govern effectively not those boys from Evelyn Hone College.

  27. #31 The Patriot. You have said sense. The President needs advisors seriously. He is being misinformed. If he is not careful, he will only be in office for less than a year. His term will beat RB`s record.

  28. And you expect to have an efficient and prudent civil service in Zambia with people with this type of mindset? Dream on sleepy heads; you expect an investor to invest in  public transport with such a laid-back people who will happily pay the driver without obtaining a ticket. A people who will happily let the bus driver zig zag on Great East Road at 200 km/h provided they get to Chipata in on piece. What a bunch of jokers!!
    This is what 20 years of corruption does to a society; my country Zambia I pray for you!

  29. Namugala r u sayg “naked match”???? Whr??? So that i come n watch free porn…would luv 2 c hw u look lyk whn naked…mmm…

  30. Barest of dressing my foot….who does this cow think she is? How dare she issues such distasteful threats
    This is an INSULT to our FALLEN Zambian women freedom fighters who were protesting half naked for just CAUSES; they are probably turning in their graves. Women like Mama Chikamoneka, the unsung heroes who played very important roles in the fight against colonial rule for our Independence, the selfsame freedom that allows Catharine Namugala to make utterances on TV. Mama Chikamoneka was also a founding member of the Women’s Brigade. 
    You want to protest half naked FOR WHAT? Protesting against your HIGHLY incompetent ARROGANT thieving PARTY that couldn’t keep up with its bills…. move over woman, shut up and get serious… now nuff off silly girl!!

  31. Thanks LAZ for schooling these retards. You should have also reminded us that Andeleki is a fraudulent quack who has been blacklisted by LAZ!

  32. But where is Kunda and Sakwiba on this one – why are they silent and leave this issue to namulagala and Dora with no legal profession but with only nuditity solution “Public pornography” – Many blogers and NGO sympathaising with mmd are all in support of Democracy without laws – Mr Banda sounds more of mmd cadre than a lawyer – what we expect of people like him is to tell us what the constitution says against what andaleki has done – give us articles in support or against this action – or else we will conclude that zambians are educated-illitrates

    • VERY WELL SAID, “EDUCATED-ILLITERATES!!!!!!!” LAZ should be very ashamed, I’d be if I were a lawyer!!!

  33. Ha I’m going to book an ticket immediately just so i can come and watch the naked protesting women. I hope they will have some pretty ones not mezimyi with dropped boobs. Ba LT please take Good pics and post them online just in case i miss out.

  34. I will tell you how to make quick bucks out of this fiasco: for the folks in Zambia, while the MMD is de-registered and while they are fighting it out in court, go to the Registrar’s office and register a society called the Movement for Multi-party Democracy (MMD). Technically you can’t be refused to register that name because it is ‘vacant’. After the MMD win the issue in court (and they will as Sata will retreat), they will want the name of their party back. And that’s when you will sell it to them at 1000% profit.

    As for naked matching, I’m afraid I won’t watch… the view won’t be pleasing seeing all those cellulite on these fat women!

  35. SATA was voted into power to come & sweep all the dirty crookedness away – Yes he has asked all public officers to carry out their duties diligently, If ANDELEKI HAD FAILED TO DO SO, his job would have been on the line, AND ALL YOU ARM CHAIR HEROES & CHEERLEADERS wouldn’t have been around to save his bacon!!! INSTEAD OF DOING THE RIGHT THING, all YOU ARE DOING is encouraging MMD TO CONTINUE WITH THEIR ARROGANT STU.PIDITY!!!!!
    Yes, no one denies that our democracy will be weakened, somewhat, temporarily BUT BY DOING SO WE WILL STRENGTHEN IT BY HAVING RESPONSIBLE PARTIES THAT OPERATE WITHIN THE LAWS OF THE COUNTRY!!!!!!

  36. As for the “Birthday suit dancing girls”, led by Namugala, bring them on, we shall certainly cheer them on!!!!!! we might even take them home for the night!!!!

  37. I am not a member of any political party but what I am seeing in my beloved country leaves much to be desired. I can’t believe we are watching our democracy dissipating and accepting one party dictatorship! Zambians, arise and correct the situation. Instead of being an example to the rest of Africa the outside world is watching, probably in disbelief of the goings on. Naba BEBA sana. Chamba bushe?

  38. any thing wrong is wrong.we zambians will not sopport any thing wrong,the rule of the game is to renew membership.

  39. Politics aside! The questions to ponder are the following:
    Does the law stipulates that the Registrar could de-register erring or non-compliant political parties? To what extent could the Registrar exercise his powers? to what extent could he act with discretion?  Do we have the precedents from the Courts in which the powers of the Registrar to delete political parties have been challenged? What is the implication of de-registration of the party which has some MPs?
    Does the aggrieved party knows that he could be de-registered for non-compliance? Is he in compliance?   

  40. The registrar stepped way off.
    Those who think that they have a better president now in SATA, than they had in RB have little understanding and foresight.
    They can only tell what has happened and are unable to tell what is likely to happen.
    They are moved by sight and not insight.
    They are controlled by words and not understanding.
    They believe in saying, “unless I die i will not believe this thing is dangerous”
    Who will help this generation?
    Who will rescue them from their challenges in wisdom.
    SATA makes a wrong decision; they clap.
    SATA reverses the decision; the clap.
    SATA starts wondering what to do next; they clap.
    SATA gets stack; they cheer.

    All I can say about this generation is that they have a serious challenge and do not know here they are going!!

  41. So what is the learned LAZ president telling us? The question we should be asking is whether what the Registrar of Societies did is legal or not. Don’t tell us this nonsense of the cost implications of having 53 by-elections. What has become of our beloved country Zambia? If the law has been broken, it does not matter who is involved. The law must take its course. That is what is meant by the rule of law. How does de-registering an erring political party undermine democracy? Somebody educate me, please. Epo mpelele.

  42. Namugala make sure mu ka gele mavuzi so that we really see what you want us street kids to see. It will be good to start with you demonstrating on national TV how the women must strip. Other wise stop behaving like an uncivilised woman. First check yourself in the mirrror then decide if you would like the whole country to see you in that form.

  43. PF wants to be an absolute majority party. PF government is the greatest political scandal Zambians have been swindled in broad daylight. Perhaps its a wake up call to mother Zambia. To vote for true leaders who will move the country forward. We want leaders who are not afraid of their own shadows. Leaders who are willing to be challenged. Leaders who are accountable to the people. Leaders who are not narrow minded, but leaders who know that Zambia is bigger than their political party or government. Conscientious Leaders who will put Zambia first. We are tired of scavengers, looters who will loot a National Park, killing wild animals to sell meat on Mpika market because human beings are more important than animals and to deliver more money in their pockets. Sooner or later if mediocrity co

  44. Sooner or later if mediocrity continues to lead the country, Zambia will be without game parks (animals generating tourism income all roasted), without forests (cutting all trees for charcoal burning for more money in their pockets). Then our children will not be able to farm for Zambia will be a desert, no tourism income for all animals including monkeys will have been eaten and their eaters probably no more to see the menace they created. My heart bleeds for Mother Zambia. Something must be done…This is not acceptable. Our children will have untold woes because of today’s reckless irresponsible government

  45. The legal advisers in government are employed to defend rather than to advise, rather like trying to shut the stable door after the horses have bolted.

  46. It would be interesting to know whether PF is registered as a society or whether it even submits annual membership returns, given that the party has no cards and maybe no membership list too!

  47. MMD deserve what they are passing through now. My only worry is UPND who supports MMD blindly just because they hate PF. Will UPND follow the law once they get into power?. Is it going to be a government of chifundo, so that all breakers will be set loose?. MMD knew very well that they were obliged to pay up annual fees, but why did they ignore this?. If anything, who threatened democracy more, the MMD or PF, coz the MMD were busy buying votes, opposition MPs, NGOs, sponsoring programs like Chanda Chimba, so where is the wisdom of paying all those monies to assassinate characters of innocent opposition memmebrs other honouring statutory obligations? . I think its time we Zambians started to think straight, lets not support wrongs blindly, MMD failed to pay those bills, let them pay.

  48. Presidential candidates should have a minimum of a Bachelors degree. It is a proven fact that most people without college degrees have very low critical analysis skills.

  49. Those who voted for MCS and are now regretting – shame on you. Can someone come up to sponsor Chanda Chimba III’s programme so that he can tell us more. Maybe the people will heed to his warning. Alternatively Paul Ngozi should come back to life with another version of ‘Bauze Ngozi.’ Mean time, let us enjoy the circus govt.

  50. MMD just get a kama K390m from Liato and clear the nkongole. What is K390m compared to what you guys have stolen

  51. In my view, it is not the Registrar of Societies that has compromised Zambian democracy, but the MMD by its failure to abide by the Law. It is clear that the Registrar of Societies does have the power to deregister any organisation that flouts the law, but he erred in law by claiming that the MMD MPs’ seats had, therefore, been nullified. Only the High Court could declare that. Let us not blame PF, but MMD itself for exposing our country to a possible constitutional crisis.

  52. MMD was operating illegally! Even a nurse Knows that she has to pay for her Licence to work as a nurse. MMD registered branches all over the country, it was not the Registrar who forced them to register, they did themselves. The problem with MMD is that outsiders Usurped the party and they have no idea about how to run the party as organisation separate from government. A party with 20 years in power and can’t afford registration fees or rentals, you wonder where they got the money for a lavish campaign. The LAZ president should realise that illegality should not be encouraged, because it is lawlessness. No laws have been broken on de-registration of MMD because the Registrar followed the law. Laws are made to followed!

  53. please ba registrar of society,where were you all along,?Just to cut the throats of your friends now.My humble advice to you sr is, give them time to pay the nkongole.because in zambia ,we need democracy.However,this should send a warning to other parties who would be in power
    .

  54. And you Namugala C. going necked is not the best solution to keep you in parliament.You as a member of parliament must not think of such dirt activities.All of us came from a woman,why should we be shown where we passed through?Just because of zambian politics???NO NAMUGALA_NO,Twakaka please.That is going too far.You are a woman dont react like that.And you so called women NGOS,you are quiet,someone wants to go necked,WHY?

  55. Ba 35 you are a joker. evelyn hone college has produced credible students who are everywhere. ask any student of 1992/3 he will tell you about Bright Mwape the late. Infact i hve learnt that a masters, phd is just an addition.

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