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MMD challenges de-registration in court

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MMD Spokesperson Dora Siliya
MMD Spokesperson Dora Siliya

The spokesperson for Zambia’s main opposition Movement for Multiparty Democracy (MMD) said the party is legally challenging the government’s Registrar of Societies for what the party insisted was its “unlawful” de-registration.

Dora Siliya said the head of the government agency is an undisciplined government official, who is attempting to obliterate the MMD. Machinations, she said, will not work.

Ms Siliya said her party has up-to-date in registration payment receipts.

“We’ve paid our returns of statutory obligations up to 13th January 2012. As such, we are a validly-registered political party. This is why we received with shock and contempt the attempt by the Registrar of Societies stating that he has de-registered the MMD for failure to pay statutory obligations,” said Siliya.

“Our lawyers have taken up this matter to get an execution of stay. However, we know that this is a step to obliterate the MMD.”

The opposition party has notified the police it will embark on a demonstration on Saturday to protest what the MMD says is political harassment by the government.

Yesterday Chief Registrar of Societies, Clement Andeleki de-registered the MMD for non compliance with the Societies Act.

The Registrar of Society maintained that the former ruling party MMD owes them over K390 million in arrears.He explained that the money is from the 42 registered braches of the MMD across the country and dates back to 1991.

He said the former ruling party who registered 43 branches has only been paying for its Headquarters in Lusaka while neglecting other branches.

However Ms.Siliya said that plans to decimate the main opposition will not work insisting that members of the MMD will not allow the party to be bullied into submission.

“We governed this country using the rule of law and we would be the last one not to be able to follow the law. So, we are confident that this attempt will be treated with the contempt it deserves,” said Siliya. “It’s an attempt to mutilate democracy by one person trying to undermine the interests of 13 million Zambians.”

Siliya said the government agency failed to notify her party before announcing its “illegally premature” decision to de-register the MMD. She insists her party has 21 days to appeal the decision following a notice of non-compliance.

“Our bone of contention is, even if the Registrar of Societies felt there was something we hadn’t done, at least he should have notified us. We got no notice at all,” said Siliya.

“All we saw were threats in the paper and finally a copy of a press briefing, not even a letter to the party where this undisciplined government official got as far as saying he has, with immediate effect, declared the MMD 53 seats in parliament vacant.”

Siliya said the MMD cannot be destroyed by what she says is an overzealous government official’s assault on democracy.

93 COMMENTS

  1. Zambia is interesting. You can never run short of political entertainment.

    LOL #Undisciplined………….Dora Siliya said the head of the government agency is an undisciplined government official.

    I bet he was disciplined when MMD was in power hey?

  2. so mmd was paying is dues for the headquarters branch but not the other 42 branches………..its one organisation y do they have to pay for branches under it………..furthermore y not deregister the 42 branches not paid for and leave the mmd headquarter wjich is paid for

  3. What would have happened if a small party like New Generation Party had debts? They would have deregistered them without anyone making noise. Of course the MMD thought it would forever be in power and there was no need for them to rush to settle the debts. It is very clear that the MMD has abrogated the Political Parties Act and they are not above the law. I am sure MMD is also trying to make political capital out of this issue because it is so easy for them to understand. Next time they will say they are being persecuted when in fact it is them who are breaking the law. I support this move because it even exposes the amount of abuse of power that was in the MMD.

    • #6 shut up… where is the proof.. you have no proof to support ka clement… as MMD supporter i believe we been treated unfairly because if in fact we have not been paying for all these years why didnt they give us the 21 day notice instead of just saying your de-registered and also ka clement has no power to nullifying mp seats if he does we should seriously start to evaluate Mr speakers job discription…. no political party is above the rule of law not even MMD just because u hate MMD doesnt mean you have the right to spread false claims. provide me with the evidence and i will personally persecute MMD from the inside out.

    • True they did not follow the Law of the land thinking since they were the ones running the country they could get away with it. The other reason could be that indeed they have had poor lawyers and administrators of there party because these people should have note the anomaly long time ago…of which Katele Kalumba has already said they knew. They really have no one to blame but themselves. The law was very clear. They have to pay club membership, just like all professionals do EIZ, LAZ, ZICA, ZIHRM and the rest.
      What if it had been PF still in opposition would MMD have let them go or ask the registrar “to sit down and find a way of paying outstanding amounts off”. I doubt that. This is politics. All parties at all times be vigilant otherwise any mis-step you would whipped. 

  4. Yes, please, MMD, go to court. IF you are innocent, the court will rule in your favour and the registrar will stop harassing you. If you are guilty, find K400 million asap or face de-registration. It’s as simple as that. Don’t go into “somebody is trying to obliterate MMD” and such innuendos. This simply an issue of nkongole. If you owe, just pay please. If you don’t, prove that in court and help us see the incompetence of the registrar. Both ways, democracy is benefiting: if you owe and you pay, you will be following the rule of law; if you don’t owe and we see the incompetence of the registrar, we will support you in demanding his resignation for moral reasons. So good luck in court.

    • Very right. True this is not harassment it is a matter of not paying outstanding dues. If the the Registrar has boobed we will ask he is demoted or taken for a fresher course. Otherwise this is democracy at work. No one is obliterating anyone here. Nabalipile fye ulupiya lwa Party membership club. What do they do to there own members of the MMD who owe party membership fees…dont they de-register them. The way they publicly hold fanfares when they are renew party membership with the President in the forefront so should they act when paying the registrar of society.

  5. It would be too early to comment now after all this govt has proved to be alarmists, what they say always turns out to be the opposite. Only the courts will tell us who is telling the truth between the MMD who are saying they are up todate and Andeleki. I have in mind issues of printing K3 trillion, Gold scam, more money in the people’s pockets, Henry Banda is being kept state house in Kenya. Andeleki was just appointed recently by this gvt. Tilindile.

  6. I am a staunch MMD supporter but lets leave democracy ALONE. Lets not drug it in our MESS. This is a question of the “Rule of Law” and clearly WE did not abide with it despite our former Mwanawasa having repeatedly said we would administer the country based. Why do we now want to make a distinction btwn the headquarters and the branches which as we all know are both part and parcel of our one MMD body to which all of us belong?   

  7. Please can you challenge the de-registration in bank. Zambian courts system which you guys in MMD put in place take forever to dispose cases. By the time you re re-registered a lot of laws would have been passed in parley in yr absence.

  8. This cheap argument by our “one and only Dora” shouldn’t have been put forward in the first place.  This mess we are in, just goes to show how busy we were with corruption to the extent that we forgot to pay our fees which have been accumulating for so long. No one, should politically feel pity on us because even though we are filthly rich, we are senseless here.

  9. Dr Kalumba said in an interview from Chiengi yesterday that the deregistration of the MMD affirms his earlier concerns that there are many wrongs, malpractices and procedural activities that the former ruling party as an institution, must come out publicly and apologise that it made grievous mistakes.
    “During my tenure as national secretary, the documents 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,” Dr Kalumba said.

  10. Ba Dora, u r the one talking about discipline today, remember how you treated the opposition PF and even members of your own party just last year, you were highly undisciplined, just take your case to court and for one time in your life learn to respect other peoples authorities.

  11. This is pathetic by MMD, if they cannot manage their political party how can we trust them to ever run this country, no wonder they failed to govern. As a political party they must know that they have to ensure that they are never found wanting. Musokotwane received illegal salaries from bank of Zambia, George Kunda’s law firm got 3.5 billion from zamtel sell, Liato burred 2.1 billion….the list goes on. Clearly MMD membership has money so how can they fail to settle a bill of 390 million. Let them stop making noise and just pay what they owe.

  12. If MMD has indeed not been paying it’s dues since the early 90s, does that mean that all laws passed since then where illegal? For example does it mean that the constitution passed in 1996 that prevented Kaunda from contesting the elections held that year and which is our current constitution is illegal? Does it mean that all who held office under the auspices of the MMD from that time such as Sata, Scott, Luo and others all held their respective offices illegally and what are the implications regarding international agreements and treaties signed from the early 90s until Sept last year?

  13. This not political we sew organizations under the MMD who were de-registered. Churches were de- registered. Now just becoz it is a political than it becomes political? NO let them jst pay MMD is not above the LAW.

    They had money during campaigns so y not pay. All mps let them donate so tht they can save there sits.

    Jst join UPND as they are up to date !!!!!!!!
    RJACKSON

  14. They were so corrupt that they never even realized they had debts to pay. And why is the deregistration coinciding with Rupiah’s resignation from the MMD and politics? For sure, as a parent, you don’t run away when abankongole comes. You stand your balls and clear the debts which you accrued. Anyway, I am happy things are going this way for the MMD because they deserve it. Obviously they thought they would not lose the elections and as a party in power, they would not be deregistered since they controlled everything. Mwanya ba koswe!

  15. By the way under the ACT which governs Registration of Societies, it is a requirement that a party or NGO or any organization should maintain a list of paid up members. If this is to go by PF MUST be de-registered since they do not maintain any such register. I am sure this issue will raise once they leave office in 2016 or this year if parli is dissolved as a result of 50% MPs resigning.

  16. I dont get any of you guys that are in support of the DE-registration of MMD. Don’t you know, if PF is allowed to go ahead with this it will take another 20-30 years to come up with a party strong enough to challenge PF. I’m a strong PF support but MMD cannot be allowed to fall. I in no way support MMD’s non payment of bills but due process should be followed when dealing with such an issue. You can’t allow some fool to just wake up one day and say i have fired all the elected MPs.

  17. Yes Yes Yes!!! Time to dance to your own music. MMD thought it was immortal n as such it was was at liberty not to pay “tax”. Look at the bicncles n cars they “bought” using axpayers m oney

  18. If your malicious boss fires you for late coming, dont blame him for his malice, blame yourself for late coming. This is a classic example of total disregard for the rule of law, including the one that safeguards your own existence! shame

  19. \:d/ dora the explorer at her best opening her chi big mouth pay what is oweed chapwa aaah, MMD once up on a time de registered SACCORD no big fuss was made so how special is MMD, rule of law !!! pay up cause the same law requires socities to pay annual dues

  20. Question for the PF supporters…… do you remember wen MC SATA was still part of MMD? because if we have been failing to pay this money SATA definately KNEW about it when he was with the MMD now he wants to be the clean MAN? fyabupubafye… let MMD pay but so should sata for the time he was MMD let him contribute too.

  21. The same siliya was happy when zambian airways went under due to debt even his boss was very excited. The cardinal point here is if it is true that they owe money let the law take it’s course. This MMD thing was just a movement let the real party now be formed where all corrupt elements wont be allowed membership.This PF thing is just another hoax ad this country cant be safe without strong opposition. Do unto others what you would like them do unto you.

    • for the first time I have read something from a blogger that is from my school of thought. In -fact since we already have the Patriots- PF, we can also have have the Democrats, Republicans and Conservatives coming into place. wadya mudala excellent contribution.. macraken Gary

  22. Why do people like to add age to a democracy “Young democracy” from 1973 to 1991/2 Zambia had a one party participatory democracy. From 1991 onwards she had a (pure) multi party democracy. 20 years is not a young democracy. It’s more of an over grown child or underage adult

    • They say ‘young’ in comparison to the age of the world’s model democracies like Canada, the US, France, the UK, Belgium etc.

  23. # 27! Yes I remember when H.E MC Sata was in MMD and I remember so very well that he was a fully paid member of the Party. It was the responsibility of the Party Treasurer then to ensure that subscriptions fees were paid according. Having said that,it therefore remain the responsibility of those who are still in MMD to pay for the Branches that were registered.ASAP

  24. Why filling an injunction now akabwalala imwee????? You were told to settle more than ZMK390 milion ealier and you thot all is well. Now runninig to the courts why??? Thats how it is wen you think coz u’re in Gvmt then you can do anything. By the way, who was incharge of registrar of society all this period who was victimising others whilst leaving the thieve in MMD??? If he is still there he/she has to resign or give an account why he did not question MMD. MARUBISH

  25. Contradictions in Dora`s speech. How can she say they are up todate and then say if there was anything wanting they should have received a notice. She is not sure or is lying that they are up to date. Protect you jobs guys! Or is Andeleki (Lenje bull????) just being overzealous and not following procedures? Probably acting on master`s instruction?? I have so many questions on this.

    • That is not a very nice thing to say about somebody else. May I ask when the good Lord is taking you away? 

  26. Dora has begun the road to maturity. She points the finger on the possble culprit rather the than the wild burst tha used to encampass those not involved. keep up the spirit though a little late. better late than never. If she was as level headed last few years, MMD could be in power.

  27. if truly MMD has not been paying, then the registrar, whether under political instructions or not, has done the right thing. But if what Dora is saying is true then it is unfortunate for Zambia’s democracy.

      

  28. Man of the pipo or watever u call yoself,dont b dat devilish.Sata may hav made many mistakes bt u dont wish him death.Besides these guys are owing the registrar of societies and all they can do is pall the outstanding bill.Dont entertain da rhetoric frm Dora.Y didn’t they make a follow up coz dis issue has appeared in da media lately 2 often?.Dora is jst a petty and uncouth woman.Any law breaker must nt go scot free.

  29. @#s 6,13,15,16,18,19,22,24,25,26&35
    Big good brains you speak, #24 excellent comment, the rest marubbish ya bantu. Bakabwa who is telling the truth Dr Kate fimo fimo or Dora slit silly-yah.
    Uwawa tabula kapesho
    Does it mean the registrar was fed with lies by his staff, then if so, its true there’re MMD morons in the civil service cooking up confusion…lets wait and see!!!

  30. Dollar slit Silly -yah says,“It’s an attempt to mutilate democracy by one person trying to undermine the interests of 13 million Zambians.”
    Sorry I am not part of your 13 millions Zambians. Bloggers anyone who belongs to this 13 million Zambians?
    Ba Nervous Nevers a few minutes ago on ZNBC said opposition MPs will unite in solidarity and resign Parliament…do they all think like him or is it prophecy…what a shameless dream.

  31. The Registrar does not have powers to cancel the registration of any society under the Societies Act. Such powers are the preserve of the Minister of Home Affairs and the grounds are specific.

  32. guys, it costs more than a billion to do an election. this means we shall have to spend more than k53 billion just for elections we had a few days ago. Cbu is fighting to repair the roof top. unza sanitation is worse, no clinic in kamakonde. are our priorities correct? MMD fouted but surely the biggest party in zambia cannot be left to disappear. ba MMD do soomething. ba PF lets mature and forward looking.

  33. Good friends we knew are the Good friends we have lost along the way. MMD chaps just pay. we know you have accumulated billions inn individual’s pockets. Each big fish can contribute and save your party. Sorry for Mad DOG

  34. Tow things:-
    1. Not paying the returns is illegal, period. Pay up and no one will de-register you.
    2. Political? Of course. If I were in government, I would do everything to make my governance as smooth as possible without waking up everyday responding to nonsense instead of creating jobs, etc. The Zambian opposition can keep a president awake all night long just responding to crap. This country is a talk shop. Just look at us? Busy typing this nonsense. The less yappy yappy we have the better. Give us responsible politicians, not this corrupt overs-pent thieving I will cry if Sata ever becomes president slowly dying party.
    Today my comrades, the emperor is naked. Problem is, he is not aware.

  35. Clement Andeleki is not fit to hold that office. LAZ have blacklisted him for masquerading as a lawyer whilst he was still a law student. Psycho Mata appointed him based on nepotism and this is the circus we’ve ended up with. FJT warned us that Cobby was a functional illiterate but we refused to take heed. We deserve this daily circus.

  36. I have 10 kids. I only pay for the maintenance of 1. Do the other kids cease to be mine? Now I have the balls to go to court to prove I am a good parent because I raised 1 and left the others to fend for themselves while social services are taking all the kids away as they see me as an unfit parent. Just pay for all the kids and consider yourself lucky to have been blessed with them in the first place rather than blame everyone but yourself. Just a thought.

  37. #2 miss Daisy, where have you being ? You more smarter than …. wow there are no women in PF with except the respectable grandmas.
    So many people will resign if that clement wont be fired by Sata.

  38. I am not a politician but I need strong oppsosition party to do some checks and balances to the rulling party. If there is no way out to stop MMD from being de-registered, there is a simple way of doing it…… Re-register your party quickly under a new name, e.g New MMD (with fresh exective comittee), then recontest your seats. I know it will be costly, but it is better than just going into liquidation. I know you can find some donors for you campaigns.

  39. Still going round circles, Dora if  the MMD is up to date surely you would have come with the receipts. What’s the hold-up, produce the evidence so we can move on,  why victimise a simple civil servant who is doing his duty, that office was sending remainders which you ignored, now you want to politicise the issue which your ignorant members are buying.
       
    Only in Zambia, sad state of affairs!!

  40. Is MMD the organisation owing? & what the quote below relating to the man behind all this Clement Andeleki? “If its true then am fear for mother zambia.A few years ago, Andeleki was convicted by the magistrate courts for pretending to be a qualified lawyer and going into court to defend ‘clients’. He was then just a law student. He was consequently banned by the Law Association of Zambia from ever practicing law in Zambia even if he should qualify.
    In 2006, while working as a police officer, he forged State House headed papers and wrote a letter purporting it to be written by late president Levy Mwanawasa.
    He gave the letter to then opposition leader Michael Sata. Sata sent the letter to The Post newspaper which published it.” contd

  41. “The letter purported that President Mwanawasa ordered the arrest of PF cadres who waved at him on his way to the official opening of Parliament in January 2006.
    This forged letter by Andeleki resulted in Sata, current vice-president Guy Scott and Andeleki being arrested and charged with defamation of the president. The three escaped jail only because Mwanawasa died before the matter was concluded in 2008.
    Andeleki then got a job as lecturer at Mulungushi University in Kabwe but was dismissed for misconduct.
    He then joined the National Institute of Public Administration (NIPA) where he was until PF won and given the job of Chief Registrar of Societies.”

  42. “Even though he was just a lecturer at NIPA, Andeleki on his CV says ‘I am a Zambian national aged 34 years currently employed as a Lawyer at the National Institute of Public Administration.’
    He said his job description is: ‘Senior Consultant – Legal Studies Advise Management on Legal Matters and Lecture Trainee Magistrates, Prosecutors, Victim Support Unit Officers and a Child Rights Lawyer Affiliated to UNICEF.’
    Andeleki completed law studies at UNZA in 2005 but could not get a law practising certificate from the Zambia Institute of Advanced Legal Education (ZIALE) because he was banned after masquerading as a qualified lawyer and going to court to defend accused persons. He was therefore not employed as a lawyer at NIPA.”.

  43. Norris

    Why raise this Clement Andeleki issue now why didn’t you raise it when he was appointed stick to the subject at hand, what’s this drivel got to do with MMD’s non compliance?

    What’s wrong with you chaps you like arguing too much..too much talk-time, less development!!

  44. Is MMD the only org owing? Can we trust the man thrusting all this; Andeleki? Let him clear his name against the article above, taking circles on some sites

  45. Thx Bro Maxwell 62; such could have come out had the job been advertised or had there being transparency in how he got employed. We deserve a detailed steak behind all this? Zambians are capable to make prudent decisions than be fed on piece meals.Its a question of morality versus legality. MMD should pay but growth of our democracy is more important than k390m.Question is; is MMD the org owing?

  46. Norris

     No logic in your post.. Why should he clear his name now, he is not the one who is in non compliance.
     

  47. Chief Registrar of Societies, Clement Andeleki said was quoted as saying… “He said the former ruling party who registered 43 branches has only been paying for its Headquarters in Lusaka while neglecting other branches” So what is Dora talking about really? According to the news wires, MMD was given notices/warnings about this matter. So, it should not have been a “shock” to MMD period! Look, if MMD has a legitimate complaint about this, let the courts handle the issue. They did hire lawyers didn’t they? What’s the big fuss kanshi? Just pay your damn bills and move the hell on, shit! And i can’t stand you MMD wanna losers on here blaming SATA. Look, say what you want…it won’t change a thing. If MMD can prove that they paid, fine. They will be re-registered chapwa!

  48. Lets wait & see.Then we will laugh or cry.very soon the real truth wil come out.its purely,patience to be exercised 4 nw.

  49. I fought for third term and you thought that I had failed, but I just retreated and you dozing Zambians swallowed the bait and went to sleep. Now I have come with a venomous vengeance to achieve the ultimate goal, the one party state once more!

  50. Dora Siliya: “We governed this country using the rule of law and we would be the last one not to be able to follow the law.”

    :)))))

    Did she follow the law on the ZAMTEL sale?

    What I want to know is why the MMD all of a sudden can’t get the cash together to spring for a few hundred grant to keep their party registered.

  51. its pathetic wats hapening in zambia
    we shud be strenthening democracy not weakening it. In 2 years Zambia will be a Dictatorship watch this space.
    Tu MMD PAY UP and make zambian democracy strong.

  52. DORA, shi leka ukunya ubufi!!! If you never received any notices, but only read in the papers, AND ALSO READ THAT YOU WERE DEREGISTERED, Why didn’t you ignore that report with the contempt it deserves as you did with other press reports???;)

  53. Two casual observations: 1) It is an established fact that Mr. Sata is expected to run his full 5-term as an elected Republican President. 2) President Sata is thus expected to govern in accordance with the existing constitutional provisions for which he has swon to uphold. 3) However, the overzelous actions and behavior of some PF cadres who have been embended in Govt. Ministries and Institutions will most likely boomarang to the extent of eroding Sata’s personal popularity to many Zambians – and this trend is emerging as fast as the growh of mushrooms. The actions of the Registrar of Society are linked to the Minister of Home Affairs. The Nation is keen to know if any consultations had ever ensued between a Registrar of Societies, the Minister of Home Affairs & relevant Legal Counsel.

  54. These THIEVES JUST WANT TO STEAL MORE FROM THE POOR TAX PAYERS, in the FORM OF PALIAMENTARY ALLOWANCES, but refusing to PAY THE DUES TO THE REGISTRAR OF SOCIETIES – YOU SEE, THAT’s HOW ADDICTIVE STEALING IS, no matter how much they have stolen, they still want their parliamentary allowances for free!!!!
    Mwanya sana guys, fwayeni aba ku mipipa!!!

  55. Naked Party Born.
    All Fommer MMD members invited

    I propose Venon Mwaanga as the MC at the new Naked Party.

    Charlie Sex will be the usher and hospitality personnel.

    Mama the woman prostitute Bandit now Rupiah’s Bapongoshi can the consellor after seeing many days.

    Lets those courageous men carry condoms because its not safe.

    Air Freshner is also required, i propose the stroberry one.

    Any Guest of honour at this function? Frank Mutubula and Coster Mwansala.

    Blind people do not qualify so is fathers.

    More Homosexuals will answer the call.

    Munkombwe is invited. Entry free. no under age.

    By coutersy of Tugiligili

  56. Maybe True that they Never Paid, MMD got so comfortable that they thought they owned ZAMBIA & ALL ZAMBIAN PEOPLE. My problem is that I don’t trust this same CLEMENT, to wait for now, why didn’t they question MMD all these years? Hope it’s not an issue of MUZUNGU ANIKONDE to PF. But if MMD are Guity?? De register them. we have other opposition Parties

  57. I just like the helpful information you supply in your articles. I’ll bookmark your blog and test once more here regularly. I’m relatively certain I’ll be told a lot of new stuff right right here! Good luck for the next!

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