Judgement in the case in which the MMD through their lawyers Hobday Kabwe and Company and George Kunda and Company filed a judicial notice for leave to apply for judicial review has been set for 26th June 2012.

When the matter came up for hearing before High Court Judge Jane Kabuka this afternoon, Chief state advocate Kombe Mwila asked the court to quash the application for Judicial review on grounds that the applicant had failed to exhaust the laid down channels to appeal through the Minister of Home Affairs.

Mrs. Mwila told the court that the MMD failed to observe the natural rules of justice when they failed to heed to the notices served on them prior to the decision of deregistration of March 14th ,2012.

She stated that the Chief registrar of societies Clement Andeleki acted within the law by giving 21 days notice to the MMD before arriving at his decision.

Mrs. Mwila argued that issues of illegality, irrationality and procedural impropriety in the matter do not arise and further asked the court to dismiss the application for judicial review with costs to the applicant.

And MMD lawyer Hobday Kabwe argued that there would be a prospect of biasness if the appeal in the matter was lodged with the Minister, on account that the officer who made the decision to deregister the MMD is under the same Minister.

Judge Kabuka therefore adjourned the matter for judgement on or before June 26, 2012.

The former ruling party had sought legal redress against the de-registration and further asked the court to declare the Registrar of Societies’ decision to deregister the MMD as unlawful, null and void.

QFM

15 COMMENTS

MMD cadre May 30, 2012 At 8:57 pm

We have a new president. Judgement must be in our favour. Otherwise, the judiciary is rotten. Judges are corrupt. We now know that they are full of deals.
CHUNKY CHARLIE May 30, 2012 At 9:55 pm

WHAT WILL HAPPEN TO NEVER MUMBA IF THE DEREGISTRATION CASE GOES AGAINST THE M.M.D IT WILL BE BETTER IF M.M.D WILL BE BURIED FOR EVER AS IT IS FULL OF THIIEVES AND THUGS. .
- Howard Mulenga May 31, 2012 At 12:00 am
  
  Your thinking is very low
Wake up Nevers Mumba May 30, 2012 At 10:23 pm

Delaying the inevitable really. If I was Nevers Mumba, I would start a collection so that before the 26th of June, they would have paid at least even a little to demonstrate that they are not a lawless party and commit to pay the rest in time.

Wake up Nevers. The victory party is over. Time to show some leadership.
Complexity May 30, 2012 At 11:32 pm

There are serious implications detrimental to PF government itself. The PF regime is merely intimidating opposition parties on frivoulous grounds. PF govt hasn’t got the capacity to de register MMD and all these pathetic schemes just goes to describe the composition PF members, ruthless and un civilised. They claim the law was brocken and yet have brocken every law of the nation and to their shme reversed numerous decisions out of public outcry.
- [email protected] May 31, 2012 At 9:20 am
  
  No3 u are an *****. The fact that we need more partoes does not mean we not follow the law. MMD must pay or be de-registered.
MUSOLI MUTHANSHI May 31, 2012 At 7:28 am

the PF government did not as MMD not to pay their debt, this issue is very clear in our laws. you dont pay you get de-registered. what people can’t see here is how MMD was riding on our backs.
Complexity………………no intimidation here, just law being followed. let MMD pay the money and move on!
MUSOLI MUTHANSHI May 31, 2012 At 7:34 am

#4 meant to write ask and as!
kci May 31, 2012 At 9:44 am

Zambians are deregistered everyday for failure to pay all sorts of fees. DSTV disconnect immidiately, Zesco disconnects, Landlords evict. The MMD thrieved on GRZ, taxpayers and Chinese money. They had no means as a party to raise their own money tha is why now the are doing an offline Convention. As a taxpayer I have no problem in seeing these corrupt thieves buried and forgotten.
mbaluso May 31, 2012 At 11:15 am

#4 PF is not intimidating any opposition parties.A law once enacted should be followed to the later.Why should opposition,especially MMD,formulate laws which they can ablogate with impunity?MMD, had members in parliament who came up with that law.Why are they not following a law which they themselves passed in parliament?
Cycle Mata May 31, 2012 At 11:57 am

its funny…MMD had even the odesity to run to court when they fully know and understand the law.They,themselves put the law in place and they can never be above it..why cry when you know you have pooped in you pants:just go to the toilet and remove the debris….deregister those Ninja movie makers…
Cycle Mata May 31, 2012 At 11:59 am

meant audacity
Mama Je May 31, 2012 At 12:12 pm

mmd deserve tobe deleregistered for good.The misused the judiciary hence they need to pay for their sins. They dont even deserve to exist as a party.
Trigo May 31, 2012 At 3:00 pm

“Chief registrar of societies Clement Andeleki acted within the law by giving 21 days notice to the MMD before arriving at his decision.” I dont see why MMD had to go to court, i believe they would have started to make payment towards the amount they were asked to pay and try to negotiated with that department on how to settle the rest. They should have gone to court to complain that they have made part payment and agreed to some terms of payment or that the terms of payment were difficult to follow as they do not have enough money at this time. The problem is they never acted. But didnt they act did they just want to accuse the PF for persecuting them when in the actual fact they know they were wrong.
NGALAMIKA June 27, 2012 At 2:03 pm

no one should be above the law.let the MMD learn a lesson tha once in power you dont hve to abuse your authority to break the law