DEPUTY Minister of Local Government and Housing Steven Masumba has been granted a court order restraining the MMD from expelling him from the party.
Mr Masumba, who is MMD Mufumbwe member of Parliament, has been granted the injunction following his application on Monday.
The Deputy Minister sued MMD national secretary Richard Kachingwe and was seeking an injunction to stop the MMD from expelling him until the matter is determined by the court.
High Court Judge Chalwe Mchenga restrained the former ruling party from writing to the Speaker of the National Assembly to declare the Mufumbwe parliamentary seat vacant and to continue insisting that Mr Masumba is expelled.
This is contained in an ex parte order signed by Mr Justice Mchenga yesterday.
“It is ordered and directed that the defendant [Maj Kachingwe] and his agents or servants or otherwise, however, be restrained and an injunction is hereby granted restraining him from alienating the plaintiff [Mr Masumba] until after the hearing of this matter,” Mr Justice Mchenga said.
In a writ of summons filed on Monday, Mr Masumba wanted the High Court to grant him an injunction restraining the MMD, its agents or servants from any further action against him, until the determination of the matter.
He is further claiming an order that his alleged dismissal or expulsion from the party is null and void, costs and any other reliefs the court will deem fit.
Mr Masumba also wants the court to grant him an order that the expulsion of a member of Parliament by any political party from performing national functions, is ultra vires [beyond constitutional powers].
He said he was not called to any disciplinary committee to give his side of the story and determine the merits and demerits of his position and that he only learnt about the decision to expel him through the media.
Mr Masumba said the MMD’s decision is malicious and without due regard to the rules of natural justice and fairness.
And Mr Masumba, who visited the Daily Mail offices in Lusaka yesterday, said he is in Government serving the interests of Zambians.
Mr Masumba was expelled last month for what the MMD called “gross misconduct” and not because he accepted a job from the PF government.
The minister is one of the 10 MMD MPs serving as deputy ministers in the PF government.
Meanwhile, STEVEN MVULA reports that three traditional leaders in Mufumbwe have pledged to support the PF despite not voting for the party in last year’s general elections. The chiefs are Mushima, Chizela and Munyambala.
In a signed statement released yesterday, the chiefs said: “Despite the fact that we did not give you a seat in Parliament, we believe that all this is in the past. Now our President is Mr Sata and the PF is in government.”
The traditional leaders said they have been compelled to give unwavering support to the PF because it is the party in government and no meaningful development can happen without its involvement.
The chiefs said they want to be part of the team that will deliver development to Mufumbwe.
They also appealed to President Sata to move the capital of North-Western Province from Solwezi to Mufumbwe.
Mufumbwe, they said, is centrally located and it will help to spur development in the province.
Meanwhile, the MMD leadership in North-Western Province has expressed surprise that Mr Masumba has dragged the party to court for expelling him.
Acting provincial chairman David Kapwepwe said it is strange that Mr Masumba has U-turned on his earlier decision not to appeal against his expulsion.
This is according to a statement released yesterday
[Zambia Daily Mail]
foolish politics in this country…
Lol! Chalwe Mchenga! Zambia a nation full of id.iots!
Heeeeeeeh! Chineke! The man expelled himself from MMD and has determined the matter in court on his own. He is wasting court time and taking judges for a ride. Is this Masumba and the one appearing in the POST in a pf chitenge shirt the same person? Political dribbler!!!
Secondly, the chiefs in mufumbwe do not have to be apologetic over their democratic rights. All they have to say is that they will work with the govt of the day. Period.
yaba..this case has fallen into another kolwestans’s hands..eish..nonsense.of all credible Judges…why him?.
Nothing like a three-ring circus, the executive, judiciary, and legislature!
We don’t need thoz by- elections, its time to work nomba. Hiz excellency MCS please look into the plight of the Chiefs of moving the provincial headquarters for N/Western Province to Mufumbwe as it is centrally located and has the potiential for economic boom. The other surrounding districts such as Kasempa, Kabompo, Zambezi , Chavuma, Ikelenge and Mwnilunga will also benefit from this calculated move. Kwasanta binngi
The seeds which the opposition mmd sow in the past ve also started sowing their own seeds.
we need a weed killer to wipe out these seeds/plant before they spread too far
The beginning of a long and winding legal battle that will run the entire current term of parliament without being resolved. The impasse will only be sorted by the Presidential dissolution of parliament in preparation for the next presidential & parliamentary elections in 2016
MMD should know better
Its Mufumbwe now on TV ZNBC, how did thoz chiefs find themselves discusing their su-pport for PF at state house? Same old tactics, Look at this Masumba *****, hes in Pf legalia today but still want to continue on MMD ticket?? Useless fool, compromised Judiciary. Imwe naimwe ba MMD ur lucky i can now sympathise with u!!!!!!!!!!!!
In times like these I honestly wish God was stronger, wiser and better than Sata. He would then rescue us but knowing how strong and immortal Sata is I only despair.
Kuti watukana mwee, what are those MMD youths doing not to manhandle their fellow kaponya Masumba.
Pro. Nkandu Luo is resigning from PF government after being demoted for her honestness that Masumba was a disgrace to the ministry of Local Government.
yaba nevers mumba and his clons hit by this kaponya masumba, i wa waiting for a bye election , i saw the kaponya is married to a very beautiful chick, i wish i could take over from him after losing the seat he wud nt have money to maintain the chick, and knowing zed chicks no money no love
You cant miss the style of daily mail.Cant jounalist at this institution find some way of hiding their corrupted ethics.You will always find words like MEANWHILE, IN ANOTHER DEVELOPMENT, BUT.
People please calm down. These are legal matters at play and it does not necessary mean that Musumba has got his way. The key words in this article are ex-parte and injunction. Ex-parte meaning without hearing the other side which means the Judge only looked at the merits of Musumba’s case before giving the injunction. The injunction (stoping the MMD from writing to the speaker or saying that he is expelled) in this case is temporary pending a full hearing of the case. At the hearing both sides will put their cases before the Judge/s and it is that that point when the decision of the court will matter. If MMD can prove the indiscipline and de-campaigning of the party, I can not see how the courts will protect this disgrace of a politician.
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