MMD national secretary Mwansa Mbulakulima has filed a complaint with the Law Association of Zambia against the firms purporting to represent his party for professional misconduct.
In a letter dated 1st March, 2016, Mr Mbulakulima has stated that the lawyers wrongfully used his name when filing an affidavit as at no time did he instruct the firms to act for the Party.
He has called on LAZ to accordingly deal with the two laws firms as their conduct is a breach of rules of the Association.
“On the 15th day of February, 2016 I was personally served with a petition that had been jointly filed by our members namely Honourable Felix Chipota Mutati, MP for lunte parliamentary Constituency, Honourable Elijah Julaki Muchima, MP for Ikelen’gi and Honourable Annie Munshya Chungu, MP for Lufwanyama. The said petition was accompanied by the requisite affidavit verifying Petition (3) deposed to each of the petitioners.
“On Saturday, the 27th day of February, 2016 , the Daily Nation Newspaper on its page 3 ran a story under the headline ” MMD CHALLENGES MUTATI PETITION” in which I am quoted as saying the petition has no basis.
“Further on Sunday, 28th day of February 2016, the Sunday Post Newspaper on its page 2 ran a story under headline ” MUTATI’S PETITION FOR CONVENTION IRREGULAR, MBULAKULIMA TELLS COURT” in which I am quoted as saying that the petitioners have no locus standi to seek the reliefs sought. The Newspaper article further states that the purported Notice of Intention to Raise Preliminary Issues I caused to be filed on behalf of the MMD by Messrs Ellis & Co., and Messrs J&M advocates., ” reads part of the complaint latter.
“I would like to categorically state that at no time did I on behalf of the MMD instruct the two firms to act for the Party,” continues the letter.
Mr Mbulakulima explained that under the Party Constitution he is the CEO of the Party hence the overseer of the day to day administrative activities of the Party.
He also noted that the Legal Practitioners’ Practice Rules of 2002 prohibits a practitioner to offer service without being instructions from the client.
He said he seen the Notice of Intention to Raise Preliminary Issues filed by the two firms and was sure that he did not instruct them on behalf of the MMD.
And in letter written to the two firms on 1st March, 2016, Mr Mbulakulima has advised them that he has lodged a complaint with the Legal Practitioners Committee of LAZ and has further revoked the instructions as well as demanded that the files in possession of the two firms be delivered to his office.
I have sight of the Notice of Intention to Raise Preliminary issues that was filed by Messrs Ellis & Co. and Messrs J & M and I wish to reiterate that I did not instruct the said law firms to act for and on behalf of the MMD.
This is a breach of the Legal Practitioners’ Rules and I wish to advise that I have officially lodged a complaint with the Legal Practitioners’ Committee of the Law Association Of Zambia.
Kindly be further informed that having not been instructed by myself to act on behalf of the MMD, I am revoking those instructions and demanding that the files that you have in your possession be delivered to my office before the close of business today.
No truth in this world
Nevers thought he can walk over every person in MMD. Here is the beginning of the end of Nevers and the ill fated alliance with some falling party which promised more cash in the pockets, only to increase cost of living by over 300% (Inflation from 7% to now 22.5%).