The Supreme Court has set Thursday, 18th December as the date for ruling in a matter Nevers Mumba has appealed against the High Court’s decision to discharge an injunction order that restrained his suspension from performing the functions of MMD president.
In this matter, Dr. Mumba has asked the Supreme Court to reverse the High Court’s decision on grounds that the trial judge of the court below erred to dismiss the ex parte injunction on grounds that Dr. Mumba was not clear of his complaint or the relief he was seeking from the court.
When the matter came up this morning for hearing, Dr. Mumba‘s lawyers who were led by Bonaventure Mutale argued that the High Court failed in its duties because it did not consider all facts that were at its disposal before discharge the ex parte injunction.
Mr. Mutale has submitted that Dr. Mumba’s argument were based on the fact that he was unfairly treated, the MMD constitution breach and that Dr. Mumba was unjustly treated for which he was going to suffer un-repairable injuries if he is not given the injunction that allowed him to perform the functions of MMD president and thereby contest the 2015 presidential election.
Mr. Mutale has contended that owing to the court having all facts at its disposal, the Supreme Court is in a good position to rehear the case and go ahead to order that the relief that Dr. Mumba is seeking be occasioned.
Earlier MMD National Secretary Muhabi Lungu who is the respondent in the matter raised preliminary issues through his lawyers who argued that the facts the appellant has raised in the main appeal have no place before the court because such facts were not considered in the court below.
Mr. Lungu’s lawyers who were led by Abyud Shonga have submitted that going by rule 19 of the Supreme Court rules the appellant cannot raise issues before court that are not in the memorandum of appeal.
In response Dr. Mumba’s lawyers asked the court to dismiss the preliminary issues with cost arguing that such preliminary were misconceived.
The Dr. Mumba’s lawyers have submitted that this is because the Court below was aware of what their client was seeking for as his application for the injunction was based on the November 18th ,2014 MMD NEC meeting resolutions and the party constitution.
In the cross appeal in which both parties laid their arguments, the court also heard that the High Court should have instead earlier issued a mandatory injunction to Dr. Mumba in the first place if indeed he was going to suffer un-repairable injuries, but that this mandatory injunction required high conditions to be met.
Acting Chief Justice Lombe Chibesakunda who led the full bench of the court in hearing the matter has adjourned the matter to Thursday afternoon for ruling.
please add Sampas case as well since no one follows laws in Zed anymore…Guy Scott has taught us to write to CJ anytime we want..
Supreme court has the duty to normalise already volatile political atmosphere in the country.It must condemn Muhabi and his ways of using his position to smuggle back condemned,stale old goods into the party that no one wants.
It needs to Send the strong message that it’s not ok to use corrupt means to impose themselves on the party. Mumba must be given back his presidency, he’s the legitimate MMD leader.
No negotiations. Whether he then goes on to win or lose January elections, it simply doesn’t matter. It’s the future that matters which greedy-Rupiah cannot offer.
Supreme court has the duty to normalise already volatile political atmosphere in the country.It must condemn Muhabi and his ways of using his position to smuggle back condemned,stale old goods into the party that no
one wants.
It needs to Send the strong message that it’s not ok to use corrupt means to impose themselves on the party. Mumba must be given back his presidency, he’s the legitimate MMD leader.
No negotiations. Whether he then goes on to win or lose January elections, it simply doesn’t matter. It’s the future that matters which greedy-Rupiah cannot offer.
Kabimba twa totela, the real VOICE for Zedians.
MEDIA STATEMENT
15TH DECEMBER 2014
SUBJECT; HON. EDGAR LUNGU REMAINS PF PRESIDENT
Following the Judgment from the Supreme Court made today regarding an appeal made by Mr. Miles Bwalya Sampa, we wish to state the following;
1. That the Consent Judgment from the Lusaka High that declared Hon. Edgar Chagwa Lungu as PF President and PF Presidential Candidate remains valid
2. That Hon. Edgar Chagwa Lungu remains the PF President and Presidential Candidate for the Patriotic Front.
3. That the Supreme Court has sent back the matter to the High Court to determine whether Mr. Sampa and others can be allowed to join the case.
We therefore wish to advise our members to continue campaigning for the PF President, Hon. Edgar Lungu and to continue canvassing for support from our…
message from Hon Chishimba Kambwili
Dear Friends and Patriots.
I take this opportunity to invite you all to the Nomination Ceremony of our party President, Honourable Edgar Chagwa Lungu at the Supreme Court in Lusaka, on Saturday the 20th December, 2014. Arrival is 08.00hrs.
We need all of you with voters cards to carry them with your NRC as a requirement so that we can out-number the required 200 supporters. Come in thousands and let us send a clear message to Zambia and the World that we are THE PATRIOTIC FRONT, united more than ever.
The next time we meet at the Supreme Court will be on 21st or 22nd January, 2015 for the swearing in ceremony of Hon. CHAGWA.
I will be answering your comments on Facebook after attending Parliament, I just took few minutes to come and share…
2015 vote PF ( Edgar )
I thank you
When is Edgar Lungu ever going to renounce violence. Or atleast just pretend he does not condone violence. Since they are all now pretending to be nice as presidential candidates, let him just pretend he does not like violence.
I should be certified mad by a qualified medical doctor to vote for any drunkard
Surely isn’t it time Nevers and RB sat to sort out their differences? Saturday is around the corner so it is only reasonable that RB’s team and Never’s team sit to work out something workable, otherwise wina azalira. I believe Nevers as a man of the cloth, should be in the forefront to cultivate peace in MMD. Really is politics everything? At this stage he should be looking at what’s best for the party. Surely does Nevers expect to win the elections on January 20th? Sure? Mr. Nakachinda tell your boss the truth, please!
Pliz don’t allow UNIP way of doing things be brought in MMD.Dr Mumba is right.It’s not just about winning the 20th Jan.polls,but the right way of doing things should e upheld in MMD and not un democratic and un consitituitional means.For Rupiah to come through the Muhabi back door is immoral and demonic.Nevers helped Lungu to be SG,but he has betrayed him.
At this stage, It’s no longer about winning but putting the house in order and fielding the rightful candidate. Dr Mumba’s campaign momentum set in motion 3 years ago suffered numerous set backs inside and out.
First by the conclave of hatred-practioners -Kaingu, Siliya, Mulusa and Chituwo who threw everything at him to derail his plans,thankfully failed.
With Muhabi as new National Secretary, everybody thought he would help steady the MMD from within. Yet he undermined Nevers Mumba in dark corner meetings.
Cleverly,he played the game of projecting himself with loyalty to his leader in daylight.The result was the arrival of Rupiah using the backdoor.
To leave this practice unchallenged will send a wrong message of anarchy and voters’faith will be lost.
Nevers Mumba should give up on politics if he is a true man of God. Politics is a dirty game. How will a man of God tell lies?
I’ll make a prediction. Why not? The supreme court will kick the case back to the high court.
Chuckle. The endemic madness has turned you in to a gambler, my friend. I’ll raise you one. At which point the chief justice will get letters from both parties trying to ensure neither can sign up on Saturday.
Please see pictures of Chawama on watchdog and see how people are suffering in Chawama after the rains. Akuti their MP wants to be president of Zambia.
Go to southern province and see how people are suffering , the thief Millionaire cant even build a clinic in his village with his stolen funds.
When did the courts become so efficient in Zambia? We have people languishing in prisons who have not seen their day in court but just because these are politicians their cases are being put on fast track. It is just not fair that suddenly these courts want to pretend they are efficient and yet they are just his master’s voice or puppets on a string. When Mwanawasa stole the election it took almost two years for these courts to make a judgement. Let these PF thugs join the queue of cases and should not be given special treatment. Whether it takes the court two years to make a decision so be it because that is how courts in Zambia function. The country should not be held to ranson over party issues.
These courts are now contributing to the whole problem we are having with PF. The coming new president should just fire all the judges involved and appoint a new crop. Everything about PF is stinking now.