THE MMD has notified the Constitutional Court that it intends to raise preliminary issues on whether Lunte Member of Parliament (MP) Felix Mutati and two others are competent to petition the court when they are not executive committee members.
In this case, Mr Mutati, Ikeleng’i and Lufwanyama MPs Elijah Muchima and Annie Chungu, respectively, have petitioned the MMD in the Constitutional Court to compel their party leadership to hold a convention before April 11, this year.
According to a notice of intention to raise preliminary issues filed by the MMD’s lawyer, the issues to be raised are whether the petition filed in the case is valid before the court and that it is irregular, misconceived and an abuse of the court process.
MMD national secretary Mwansa Mbulakulima noted that the trio are not members of the NEC, which is the highest decision-making organ of the party, and that they are not entitled to attend the meetings.
“Whether the petitioners …have the locus standi to take out the petition and further, whether the petitioners have locus standi to seek the global reliefs sought in the said petition,” part of the notice reads.
Mr Mbulakulima stated that the facts adduced in the petition are based on hearsay because the three MPs are not members of the NEC and were not in attendance of the last meeting held by the party.
“The petition is couched in global terms and does not disclose sufficient particularity the exact facts and nature of the personal infringements, under the republican constitution and the respondent’s constitution, which the petitioners claim to have suffered,” Mr Mbulakulima said.
The three have also asked the court to declare that the current composition and appointment of NEC members is not in accordance with their party constitution and consequently meetings of the NEC are coram non judice (not before a judge).
The petitioners further asked the court that he [Mr Mbulakulima] should not infringe on the rights of the MMD MPs who are advocating the holding of the convention in accordance with the Zambian and the MMD constitutions.
They have also asked the court to grant them costs of and incidental to the petition and such declaration and orders that the court may deem fit.
They also submitted that some members of the NEC, who include Professor Geoffrey Lungwangwa, who attended the meeting, were intimidated and experienced physical violence at the hands of Mr Mbulakulima’s party cadres.
Mr. Mutati is a lemon
Thanks
BB2014
@mushota, a lemon?? When did you taste him? You must be 30 this year, I have been waiting for you tell if am a pineapple.
HE WAITING FOR HIS GRATUITY AND THEN BE FULL TIME A UPND AND WILL MAKE PF DANCE TO ITS TUNE. MMD IS A FINISHED PARTY AND EVEN IF MUMBA IS MADE A RUNNING MATE TO LUNGU THEY WILL BOTH BURST AND BLOWN OF LIKE A BURSTING TIRE ON THE 11TH AUGUST,2016.
BANE 50+1 WILL JUST DROP LUNGU DOWN. HOW WAS BANDA’S DOWNFAIL? PEOPLE ARE NOT HAPPY WITH PF AND TO MAKE MATTERS WORST, IT IS TO COMBINE TWO FALLEN FORCES TOGETHER AND WILL BE REDUCED TO SOMEWHERE BEHIND ZERO.
Good point, Mutati deserves his gratuities. He can’t lose his retirement package.
MMD a party in trouble, fighting itself for a price to be paid by PF.