Winnie Zaloumis speaking
Winnie Zaloumis speaking

MMD National Chairperson Winnie Zaloumis has announced that the Supreme Court of Zambia this morning reconfirmed Dr. Nevers Mumba as President of the MMD.

She said the Court ruled that the court order which the Felix Mutati faction relied upon and misinterpreted as giving them consent to proceed with three actions namely, the holding of the controversial convention held in Kabwe on 20 -22 May, taking over the offices and assets of the party and changing names of party office holders at the Registrar of Societies has been overturned and quashed.

Ms Zaloumis has further said today’s judgement effectively reconfirms the status quo of Dr.Nevers Mumba as President of the MMD with all the other legitimate office holders. Felix Mutati therefore maintains his expelled status until the courts makes another order. Rafael Nakacinda remains suspended from engaging in any party activities.

And yesterday,the Felix Mutati-led MMD lost a petition against the nomination of three parliamentary candidates because the matter was wrongly filed before the Constitutional Court.

Constitution Court Justice Mugeli Mulenga said the matter was wrongly before the Constitution Court, despite the petitioner having been clearly and timely advised to take the case before the High Court.

This was in a matter in which Raphael Nakachinda in his capacity as MDD national secretary petitioned the adoption and nomination of Elizabeth Chitika as a parliamentary candidate for Kawambwa Constituency under the MMD in the forthcoming August 11, 2016 general elections.

Ms Justice Mulenga said Mr Nakachinda had the time and opportunity to file the matter before the High Court, which chance he had lost out on procedural technicalities.

“I note in this case that the petitioner was not ignorant of the appropriate forum as acknowledged in the affidavit of verification and exhibited letter from the Electoral Commission of Zambia clearly and timely advised him to petition the High Court within seven days after the close of nominations.

“The petitioner thus has himself to blame. In light of these facts, the provisions of Article 118 (2) of the Constitution on not having undue regard to procedural technicalities cannot assist the petitioner in his willful conduct,” Ms Justice Mulenga said.

Mr Nakachinda had earlier requested if the matter could be transferred to the High Court, but Ms Justice Mulenga argued that he was advised and so was fully aware of the consequences of his action.

He had also applied for the consolidation of two other matters of similar nature in which two other candidates also filed in nominations under the defunct Nevers Mumba-led MMD.

“He (Nakachinda) urged the court to consider article 118(2) (e) that justice shall be administered without undue regard to technicalities and that if the matter is dismissed, they cannot go to the High Court as they would be time bound,” she said.

The MMD national secretary complained to ECZ and later sought the intervention of the court claiming that Ms Chitika and two others had filed their nominations fraudulently and sought that the Constitutional Court should strike off the nominations as invalid.

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28 COMMENTS

  1. so Nevers is bad news for winning again, but why didn’t attempt republican presidential post instead of being a cholaboy.

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    • Raphael Nakachinda kamutalala.
      Betrayal for cash is very bad.
      Can’t wait to see him face to face

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    • Too bad for RB , PF and Edgar Lungu.
      It is bad omen to start losing court cases 15 days before voting. Their political move has brought extra disaster to their leaking boat.

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  2. Never know what the local court will ,,,,,say next RB is legitimate president

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  3. It’s either Zambian courts are confused or confusing. Too many judgements and counter judgements. Why is this

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  4. Thanks LT for this info,hoping it is true. However, it is a non issue to the Zambian people as both camps are fighting for legitimacy to earn positions from whichever party they support if it wins. Nothing for the suffering masses!

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  5. Zambian courts are very confusing. They have brought More confusion Too many judgements and counter judgements.

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  6. If I was nevers Mumba I could be changed the direction!!!!!!!!coz the manes u are using to this courts issues,could ve be channel to some development project!!!!!!!

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    • Laughable comment indeed …… this is so bare bones thinking … just ask government how much it loses in court cases and legal rulings …. take interest in Budget allocations to this and you will realize just how much little thought you have put in your comment … your statement is simply cliche

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  7. NAKACINDA IS YET TO KISS THE DUST. HE BETRAYED AN INNOCENT MAN WHO EMBRACED HIM GENUINELY. BUT MONEY HAS DESTROYED THIS MAN. I CANNOT IMAGINE WHAT HIS CONGREGATION IN KAFUE THINK.

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  8. So Nevers Mumba will with emmediate effort start Presidential Campaign for MMD or is it a Coalition Campaign with UNDP making GBM a Substitute ?

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  9. Don’t mislead yourselves Mrs Zaloumis. The court order has been quashed and overturned after Mr Mutati was already elected president of MMD. Therefore the status quo continues, i.e. the president of MMD is Felix Mutati. The supreme court did not go so far as to declare yhat Felix is mot the president of MMD or that Nervous is restored as president of MMD. We do have a precedent where a certain politician was expelled by his patty and he run to the courts to seek an injunction to restrain his party from expelling him. The court did not go into the legalities of the expulsion but simply ruled that he was already expelled and they could not give an injunction to stop a matter that had already taken place. There may be no direct parallel to this case but the simularity is that if Mrs…

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    • Hehehehe …. Yaba ……. my friend do you realize that at the time, Mutati was expelled by a legitimate body of the MMD and was never reinstated. Infact as a matter of fact by the time he was being voted as the President of the MMD his expulsion appeal was still in court meaning minus the judgement his expulsion stood. He had to withdraw the expulsion case himself…. now all this tells you that there is a big problem somewhere

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  10. …… There may be no direct parallel to this case but the simularity is that if Mrs Zaloumis wanted Nervous to remain president she should have sought urgent action by the court to block Mutati faction from assuming the role of president, registering his officials at Registry of Societies and even taking over the MMD offices. Remember that Felix was elected more than two months ago, so what did she think the courts have been doing so far? The bottom line is that courts have a dictum not to fight internal battles for politicians because politicians are a mess that do not follow rational or logical thinking.

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  11. IF U HEARD FROM LUNGU AT CHIRUNDU HE SAID NOW IAM TONGA EDGER CHAGWA SIALUNGU. TONGAS LET JUST ACCEPT HIM AS A PRESIDO BECAUSE OUR KING CANNOT DO IT THIS ELECTION.

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  12. …I said it …no judge Masupa at supreme court-….Nevers did not even need a lawyer to achieve this judgement…

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  13. I have never seen a person claiming to be a man of God get into so many scandals. Ba Nevers just quit while you can. You are the one mocking God yet preaching other people’s hatred. You are a wolf in sheep’s clothing. Its all about the 30 pieces of silver with you.

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  14. if am to sit down and go through nevers mind,really don’t know what he wants in life,i thought he was intelligent man,but i doubt he i.q

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  15. THE COURTS HAVE SMELT A RAT, VICTORY IS ASSURED FOR UPND. AT OUTMOST JUSTICE HAS BEEN DONE.JUST WATCH THIS SPACE THIS IS WHAT HAPPENS WHEN THOSE CLOSE TO CORRIDORS OF POWERS BEHAVE WHEN THEIR REALISE SOMEONE IS ABOUT TO BE KICKED OUT OF POWER. TEHY ARE PREPARING NOT TO BE SEEN TO BE TAKING SIDES. EXPECT MORE THINGS TO UNFOLD IN THE NEXT 7 DAYS. WAHT WILL HAPPEN TO FELIX MUTATI AND RB. WILL MUTATI STILL BE SEEN IN THE CAMPAIGN TEAM FOR ECL AS HE HAS LOST THE PRESIDENCY OF MMD? THINGS ARE GETTING HOTTER AND HOTTER FOR THE PF-MMD ALLIANCE.

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