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.