THE Lusaka High Court has halted contempt proceedings against MMD leader Nevers Mumba on grounds that the applicant did not obtain special leave of the court in order to serve an injunction on him and others ahead of the party’s National Executive Committee (NEC) meeting in Lusaka recently.
This is in a matter in which MMD’s vice presidents for politics and administration, Micheal Kaingu and Brian Chituwo respectively sought the court’s intervention to restrain Dr Mumba from convening a NEC meeting.
Dr Kaingu and Dr Chituwo had asked the court to cite Dr Mumba for contempt for disobeying a Court order that restrained the party from convening the NEC meeting.
High Court Judge, Eddie Sikazwe in his ruling yesterday said the applicant should have put in place all the necessary means to avoid being caught unawares since their intention was to block the NEC.
Mr Justice Sikazwe said even though the injunction was obtained rightfully from his Court on Sunday, on April 27, this year, at 13:35 hours and served at 14:10 on the acting national secretary Chembe Nyangu, special leave to serve the injunction order on the material day was not obtained by the applicants.
“Accordingly, I therefore find Mr Nyangu, sued in his capacity as acting national secretary of MMD, Dr Mumba and all the 34 members cited in these proceedings not guilty of contempt of this court,” Justice Sikazwe said.
Mr Justice Sikazwe said the litigants in the matter were coming from one party which was the first to bring multiparty democracy in Zambia’s politics and as such, it should be the last party to drag itself to Court over its party matters involving two different camps.
He said the applicant’s knew about the dates of the NEC convention way back and only went to court for an injunction at the eleventh hour to block it and they should have started the process earlier so that all was put in place.
Dr Mumba in addressing his supporters outside Court said he was delighted that justice had prevailed and that the ruling would teach others with hidden agendas in the party a big lesson especially on the basis of talking from without.
“I am happy that the contempt proceedings against us have been dropped, we were innocent from the beginning, we have been vindicated by the courts, this is a fair judgement and now we shall concentrate on our meetings,” Dr Mumba said.
So what next for Dr Chituwo and company?…
The founders of MMD like Chiluba, Author Wina, Penza, etc must be turning in their graves at the mess that Chituwo, Siliya and Kaingu have made of the once great party. MMD took u into the second liberation – from ONE PARTY RULE and also brought economic liberalisation, although they messed up in the process of Privatising our public assets.
Holy Ghost fire!!!!!
MAN OF GOD AT WORK.IF YOU CAN NOT DEFEAT HIM,JOIN HIM AND FEAR HIS GOD….
Traitors have their special place in the society.
Expel them now, so that we can concentrate on bouncing back to power in 2016. Mupando niwasu soti!!!
GOOD JUDGEMENT
NOW TAHT THOSE GUYS WHO DECIDED TO BETRAY DEMOCRACY BY JOINING KABIMBA IN HIS CRUSADE TO DESTROY MMD HAVE BEEN SHAMED FOR BREACHING THE PROCEDURES. AM NOT MMD MEMBER BUT AM A UPND MEMBER. EARLIER ON I HAD STATRTED IN ONE OF THESE ARTICLES THAT AM WAS VERY DISAPPOINTED BECAUSE I HAD ALOT OF RESPECT FOR DR. CHITUWO FOR HE HAS BEEN DEFENDING MMD ALOT BUT SUDDENLY I DONT KNOW KNOW WHAT HAPPENED AND CHANGED. ANY I CAN FORGIVE YOU FOR DISAPPOINTING ME BUT ITS NOT TOO LATE. I BEG YOU TO JOIN THE WINNING TEAM HH AND UPND I STILL NEED YOUR MATURITY I PARLIEMENT WHEN UPND FORMS THE NEXT GOVERNMENT. PLEASE DONT BE LEFT OUT. HEAR ME. I LIKE YOUR MATURITY YOU JUST HAPPENED TO JOIN A WRONG TEAM TO FIGHT YOUR OWN PARTY . VIVA JUSTICE. DR. CHITUWO YOU ARE WELCOME IN UPND. VIVA UPND…
Dr Chituwo as usual,you’re being invited to join UPnD.UPnD is known to pounce on lonely wolves.What they don’t realize is that they’re denting their reputation in search for numbers.Few dedicated pipo to the cause/party are more useful than a thousand traitors.
please ba mmd can you now expel kaingu,mulusa,chituwo and their concubine smart Dora from the party immediately they have made loyal members to leave the party because of their squabbles,we don’t need them,let them join the party which they have been claiming is going to win by a big margin even though there are no elections may be a looming presidential by election.you will keep them in the party at your own peril, the earlier you act the better, they are traitors.muhabi,act now!!!!!!!!
OLAS, I UNDERSTAND YOUR FEELINGS.I BELIEVE THE MAN OF GOD WILL FOR GIVE THEM.THATS HOW ARE GOD WE SAVE HAS TOUGHT US.HE IS A GOD OF A SECOND CHANCE.LET THEM COME BACK AND MOVE IN ONE ACCORD.BUT THE SHOULD UNDERSTAND THAT IT IS HIM NEVERS WHO IS THE PRESIDENT…..
I’m very disappointed wth the putrid behavior existed by lacky cobusu mulusa and dr chituwo who til now considered to be mature. But alas have succumbed to pf bribery. How much did pf pay you guys. I have no problem with principles Dora and kaingu
The Past Newspaper should scream again on Dr. Mumba. They screamed the first time…..Nevers Disobeys Court Order. The agenda to silence Dr Mumba has failed and the more they try the better both him and MMD become. In the last 2 years, it has been battle after battle and victory after victory. The writing is on the wall…..No Weapon Formed Against Him Will Prosper. The best is to EXPEL THE TRAITORS. They might be useful somewhere. Can a normal person work with Kabimba who has never won an election?
Castrate the two DRs and mutilate Dora.
Mumba is on the right track.What Kaingu’s camp don’t understand is that they are a liability to MMD. We still remember how they betrayed Zambians after Mwanawasa death.They all knew Mwanawasa and the Zambians wanted Magande, but due to their selfish interest they opted for RB.Had Magande ruled the nation, Zambia would be different today.Therefor Dr Mumba sir, and Mr Muhabi Lungu do the needful and clean the party.MMD is still our hope.I hope to represent your party in parliament soon.
Moral of the story: It does not pay to be a sell out.
Good judgment. Courts are reluctant to entertain form of ambush. See Kariba North Bank Co. Ltd v ZSIC (1980) ZR 94 (HC). Now all Civil Procedure students at ZIALE, UNZA, UNILUS, OPEN UNIVERSITY, CAVENDISH, beware of such a question featuring in the next exam!!!