Monday, May 20, 2024

Nevers Mumba to seek judicial review in court over his supsension


MMD president Nevers Mumba (r) listens to Commerce minister Bob Sichinga shortly before  President Sata's Body  arrived  at Kenneth Kaunda International Airport from London  on November 1,2014 -Picture by THOMAS NSAMA
MMD president Nevers Mumba (r) listens to Commerce minister Bob Sichinga shortly before President Sata’s Body arrived at Kenneth Kaunda International Airport from London on November 1,2014 -Picture by THOMAS NSAMA

SUSPENDED MMD president Nevers Mumba has vowed to fight his opponents within the party until his “last drop of blood” to ensure that the party’s constitution is followed to the letter.

And Dr Mumba says the MMD and the United Party for National Development (UPND) have reached an advanced stage towards finding a common ground with a possibility of forming a coalition.

Meanwhile, MMD national secretary Muhabi Lungu says he regrets not having been firm against Dr Mumba on party regulations.

Speaking when he addressed pastoral students at Kaniki Bible College in Ndola yesterday, Dr Mumba said there is no legal basis for the decision by his party’s National Executive Committee (NEC) to suspend him for alleged misconduct when he had a right not to endorse former President Rupiah Banda as MMD president.

“Out of conflict comes victory. I have joined the political process to change politics and not to do politics. There is no legal basis for what has happened,” he said.

Dr Mumba likened himself to the biblical David who conquered Goliath during the war between the Israelites and the Philistines even though David was smaller in stature.

He said he is the appointed person to drive Zambia out of its current crisis.

Dr Mumba called for support during “this trying moment”.

[pullquote]“There is no provision in the MMD constitution for anyone to stand except for the sitting president. My appeal to every Zambian is to follow the constitution to the core or we will become a banana country,” Dr Mumba said[/pullquote]

“There is no provision in the MMD constitution for anyone to stand except for the sitting president. My appeal to every Zambian is to follow the constitution to the core or we will become a banana country,” Dr Mumba said amidst cheers from the students.

And Kaniki Bible College vice-chancellor Kaluba Kapapula said he does not support Mr Banda’s return to active politics. “It is sad to see former President Rupiah Banda getting back in the ring. I do not support that,” Dr Kapapula said.

And speaking in an interview, Dr Mumba said the MMD is in talks with various political parties on possibilities of forming a coalition by 2016 but no conclusion has been made yet.

He said the major task of the coalition would be to ensure that the new constitution is adopted before the elections in 2016.
Asked on whether it is true that he would accept a position of Vice-President in the coalition with UPND, Dr Mumba said the agreement has not yet been reached on the matter.

He said what the political leaders are discussing now are working possibilities and not positions.

Dr Mumba said MMD has a campaign strategy and has kicked off the campaigns across the country.

After addressing the pastoral students at Kaniki Bible College in the morning, Dr Mumba went to Radio Ichengelo, where he featured on a live programme.

Dr Mumba said he was on the Copperbelt to watch the Africa Cup soccer qualifying match between Cape Verde and Zambia but circumstances compelled him to launch the campaigns.

He said Mr Banda’s return is not in the interest of the party and the nation.

Meanwhile, Mr Lungu says he regrets not having been firm against Dr Mumba’s alleged flouting of party regulations.
“I was trying to be nice to Dr Mumba. I take the blame. I should have been firm,” he said.

The MMD National Executive Committee (NEC) suspended Dr Mumba two days ago and announced that Mr Banda was the party candidate for the January 20 presidential poll.

But Dr Mumba said in a separate interview that he will seek judicial review to interpret the party constitution.


    • It is shameful that the former man of God went to a Bible college to preach, not about the good news of the Bible, but his political ambitions. God cannot be mocked. Stop it Nevers!

    • Well chronicled article excerpt:

      By Harrison Kabwe

      “Throughout his life, Mumba seems not to think twice on who he betrays. The list of betrayals is long; betrayal of his fiancée, betrayal of the white woman who accommodated him, betrayal of members of Victory Ministries whom he abandoned, betrayal of his religious protégé Frederick Chiluba when he formed NCC, betrayal of NCC members when he joined the MMD, betrayal of Mwanawasa when he acted as president, betrayal of his mistress with him he had an illegitimate child and betrayal of the Zambia Shall Be Saved ministries”.

    • Former MMD President Nevers Mumba u-turned on the agreement he reached with former President Rupiah Banda with regards how the former ruling party was going to proceed in the forthcoming presidential election. The agreement was arrived at with the counsel of lawyers and that details of the agreement were supposed to be disclosed at a media briefing which both Dr. Mumba and Mr. Banda were to jointly address. The MMD constitution which was written in 1990 does not provide for any link between party presidency and presidential candidate. MMD constitution which was approved in 1991 at the party’s first convention does, however give powers to the part’s National Executive Committee (NEC) to select any member to become the party’s candidate for any national election.

    • this power is on the other hand exercised only in between party conventions.
      He states that this is the same power that was exercised in 2001 when the NEC choose late President Levy Mwanawasa as the presidential candidate and in 2008 when NEC again choose former President Rupiah Banda as presidential candidate following the death of President Levy Mwanawasa.This means that NEC is the highest organ of the former ruling party in between conventions and therefore every member of the NEC including the party president is bound to accept the decision of NEC whether one personally agrees or disagrees with its decision. He says no one person can thus make decisions on behalf of NEC as there is no such power provided for in the MMD constitution and that it was not intended that such powers exist.

    • Anarchy everywhere!

      RB has added Chilli’s to the wounded and he must step aside so that he care for his wife who is diagnosed with cancer.

      Its Mumba’s time to stand as he is the duly elected MMD president pursuant to their constitution.

      The likes of RB are just coming out into the limelight to try and score his vengeances’ as he could not because people rejected him.

      Dr Mumba should not even worry about the non legality & party hijackers’ in the middle of retirement age. By law, Mumba is protected and we see to it that all candidates are from the new generation.

      24~10~14 is the day the likes of RB & Hon Munkombwe are deemed ineligible to the top job as old people like them need to spend their last moments with grandchildren like Madiba enjoyed.
      Dinosaurs again?

    • My fellow citizens let us all wake up and rise, Guy Scott is shifting gears every day to favour him over other people he doesn’t like Lungu, GBM, Given, Mulenga Sata. If he continues am afraid things will really get ugly. Scott, Fred,Wynter,Mwenye cant be bigger than Zambia. PF CC why not expel Guy Scott.? How much damage do you want him to cause.? Rememeber we only have one Zambia. I plead with you lets show Scott that we can only stretch as far.

  1. Comedians bakamba muppet show at its best,look nw the madala u were showin solidarity to durin his court case has played u 4 real foool dat u r



  2. Nevers Mumba has vowed to fight his opponents within the party until his “last drop of blood” Quote

    Until your “last drop of blood” ka. Be careful of what you ask for because it may just turn out to be a last drop. This is a very emotional and careless statement.

    • Nevers Mumb is a filthy animal who has dual personalities and changes right after money is misplaced just like what happened when he was the high commissionar in can-ada; iditots like these who pretend to preach the word of god and on the other hand stal money should clearly go to hell and suck my chicala all day long; i will get his bottom plundered by ebola patients till kingdom come; Evan Mfula at Evaduco reporting live from Lusaka

  3. Why would you want an old man back in government. Kulibe bafana mu Zambia? And the man defies the constitution and just pushes through.

  4. MMD and UPND must conclude their coalition talk before it is too late. They should discuss positions first. MMD must take up the vice-presidence position. Give us a choice in the forthcoming presidential by-election. Mumba should have announced this a long time ago than now when he is in trouble as if to win sympath. Mumba is man of God without vision. Banda must hasten coalition talks or else he will face rejection by the general public. On the other hand Muhabi Lungu vindicates the Mumba suspension. Lt give us some more.

    • Aisha, which party has more seats in parliament between MMD and UPND? Who got more votes in 2011? Who has more membership countrywide? Who has bigger structures? You UPND cadres are such nincompoops. Such arrogance is very offensive and is the reason why your useless president Hakainyelawila Humwine will never ever be president of Zambia.

  5. i hope both RB and Mumba dont file their nominations on that day. equally i wish the PF will throw injunctions on each other so that when the nominations day come we will have PF Kaseba filing in, EL PF and Miles Sampa PF all going to file ohohohohoh i forgot GBM PF also throwing in their nominations. i am really sick and tired of all these machinations by our former and current ruling parties. between you and me, i dont see any reason i should vote for either. cadres have continued wrecking havoc just like in MMD days, so PF and MMD are the same. corruption has gone on unabated and positions are awarded on whom you are related to, know etc. we need a professional civil service and we need to seriously blur the tribal lines that are becoming more and more apparent each day.

    • This time around, it will be easy to vote for Zambia only President, Hakainde Hichilema. It will be an easy choice to make. Infact this time around it will be easy to vote……….I am very disappointed with the PF. It is clear that Sata never prepared anyone to take over from him. How do you have 10 aspiring Party Presidents that shall form 10 different camps? Long story short: PF is winding down the business and closing shop!

    God will fight for you, do not join forces with UPND it will let you down just like RB and M. Lungu have done to you. You are much better to leave MMD and form your party before 20 January, 2015. At least half of MMD members will follow you, then let your members vote for PF. In 2016 it will be easy for you to win election from PF than UPND. UPND and RB will frustrate you and expel you if a coalition government is formed. It is either you are adopted to contest 2015 election or breakaway from MMD so that RB and those who milk RB will learn to respect democracy. Seek the wisdom of God, and in 2016 you could the president. What has happened to you is an opportunity to look to God. What is the motive and intent of RB?

  7. sometimes i laugh when i hear how people want to vote on tribal lines and regionalism; just because being lozi, i vote a lozi in the office, doesnt improve my life overnight. poverty is everywhere. we had a bisa/bemba president and my question is why is it that luapula is the poorest province in Zambia? i am appealing to all of us who post here to stop fuelling this fire of tribalism because its very easy to light a fire using a match stick, but extinguishing it requires fire brigade. lets all analyse these politicians one by one with a sober mind and at the end of the day ask yourself – who amongst these characters do i trust to make decisions that will contribute to the betterment of my life and future generations? we should not vote where the wind listeth.

  8. Mr. Rupia Banda is making a mistake for life:
    1. You already have your presidential pension
    2. A Presidential house to built for you
    3. Official Zambia Car( P4) with security
    4. The office of the 4th President covered in the constitution and fully budged for
    5. Burial site at Embassy Park waiting for you in earnest
    Note: Mr. Banda, history will judge you harshly if you do not withdraw from this Presidential race because your life is already secured. Why do you want to come back when you are +70 years old? I am sure your answer will be: Nanga ndine mwana wanyoko……… something like that! Disappointing(Selfish) old man

  9. 1. UPND + MMD-Nevers +ADD + Fr Bwalya?
    3. Pf- Edgar
    2. Pf-“Cartel”
    3. MMD-Rupiah
    4. FDD
    5. NAREP
    6. Heritage
    7… man parties

  10. Two parties now PF and MMD want judicial review of their constitutions! How come they have constitutions they themselves do not understand? What chance they can respect let alone understand the Republican Constitution?

  11. But kuti walila Bakalamba…! To be rejected after being used and strung along for so long! Why not come out from among them if indeed your are a man of God.

  12. Judicial review is only available where the decision complained of has been taken by a public body, i.e. a body established by statute or otherwise exercising a public function.

    Lord Diplock summarised the grounds for reversing a PUBLIC officer’s administrative decision by way of judicial review as follows:

    a. Illegality
    b. Irrationality (Unreasonableness)
    c. Procedural impropriety

    This was in the famed, Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374.

    MMD is a private body; therefore judicial review under Order 53 will not be available. So go for private law and cut out a writ or perhaps wait until RB is about to file and piissshhhhh….hammer him with an injunction!!! The rule of the game is timing and surprise…..wait till the…

    • @ Siamanengo – Goes to show the caliber of people who want to run the country. In the same vein, PF presidential hopefuls have been submitting their applications to Cabinet Office instead of the PF Secretariat.
      Total anarchy!

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