THE High Court says it will hear inter-parte an application for an interim injunction by expelled MMD national secretary Muhabi Lungu to restrain party president Nevers Mumba from expelling him and appointing national treasurer Mwansa Mbulakulima and Winnie Zaloumis as secretary-general and deputy secretary general, respectively.
Mr Lungu has further asked the High Court for an order of interim injunction to restrain Dr Mumba from presenting his nomination papers to the Electoral Commission of Zambia (ECZ).
The matter came up before High Court judge Isaac Chali yesterday but it was adjourned to January 21 next year.
Mr Lungu charged in a statement of claim filed in the court that Dr Mumba expelled him from the MMD when the party constitution only vests power in the national executive committee (NEC) to enforce disciplinary action against a member.
He wants the court to determine that Dr Mumba had no power to expel or suspend him as member of the MMD and that his action to do so is against the constitution of the party.
Mr Lungu also wants the court to order that the appointment of Mr Mbulakulima and Ms Zaloumis was null and void.
He further wants the court to order Dr Mumba to reinstate him as national secretary and also an injunction restraining the MMD president from filing his presidential nomination papers until the NEC convenes and also an order restraining the ECZ from receiving the nomination papers until a further order is made.
Mr Lungu said that the MMD presidential candidate should have a validly-issued certificate of candidacy issued by a properly elected national secretary or deputy national secretary to be able to file his nomination papers for republican presidency.
He said Dr Mumba was not pronounced as the official candidate of the MMD in the January 20 presidential election by the Supreme Court and that no fresh certificate of adoption was issued to anyone, including Dr Mumba, after the ruling of that court.
Dr Mumba on Saturday filed his nomination papers and was declared as a candidate in the forthcoming election by acting Chief Justice Lombe Chibesakunda.
He expelled Mr Lungu from the party last Friday.
People should learn to accept when they are beaten. Muhabi Lungu is down and out. The matter comes up on 21st January, but elections are on 20th. What will be the logic of an injunction after elections?
”And the case will b heard on 21st January when results will b coming in……. Muhabi’s intel can’t b admired!
The clock’s ticking and people are still running to the courts. Oh! this Christmas and New Year’s will be especially merry and joyful.
When you cannot help the situation better to enjoy the heck out of it.
Why can’t we regulate political parties from the constitution? They are messing up our economy, traditional leadership, civil service etc. Almost about everything that has to do with human endeavor is contaminated by these animals. They are now messing up our judiciary with their senseless injunctions; one after another!! Mutitinke mwe!!
The judiciary is working to help Edgar Lungu win elections.
It is difficult to see what Muhabi Lungu hopes to achieve through his actions other than the fact that he wants his job back.
This just exposes how rotten our judiciary system is. In a way Muhabi is quite right, the courts have imposed a candidate of their choice on the MMD and have ignored the internal structures of the party. This technicality now means Nevers can not be removed or challenged as MMD party president because the authority within the party (NEC) has been over ruled by the supreme court? Nevers is destroying a party which rescued him from his passed failures and now he has decided to put the nail in the coffin. MMD is the only party without a family stamp association and the Zambian youths should do everything in their power to save it because it belongs to Zambians. Muhabi may have misjudged the choice of the presidential candidate but the chap has fire in his belly and should not be intimidated.