MMD lawyers have asked Winnie Zaloumis and to withdrew her statement in which she has created an impression that former Party President Nevers Mumba was reinstated as Party leader or face contempt proceedings.
MMD lawyer Erick Silwamba said the comments by both Mr. Mumba and Ms. Zaloumis which were issued after the Supreme Court ruling are clearly not a correct reflection of the Court Judgment hence should be withdrawn or face legal ramifications.
The MMD Counsel further said Ms Zaloumis attempted to misinterpreted a Supreme Court ruling with the view of misleading the country.
Mr Silwamba has since given both Dr Mumba and Ms Zaloumis 24hrs to retract their statements or face legal ramifications.
The Supreme Court referred the issue of MMD leadership back to the High Court with Zaloumis rushing to the media to claim the appellant court had reinstated Mumba as its leader.
Below is a letter to Mumba and Zaloumis’ lawyers.
Dear Learned State Counsel and Counsel,
RE: WINNIE ZALOUMIS (Sued in her capacit y as Acti ng National Secretary for the Movement for Multiparty Democracy) VS. FELIX MUTATI AND THREE OTHERS – SCZ/8 / 156 /2016
Reference is made to the above captioned matter which is pending delivery of
Judgment on Wednesday, the 3rd day of August, 2016.
It has come to our Client’s attention that your Client Ms. Winnie Zaloumis after the conclusion of the hearing on Wednesday, the 27th instant issued a press statement in the precincts of the Supreme Court of Zambia which was captioned by Muvi TV and broadcast during the Muvi TV Main News at 18:30hours wherein she stated that the Supreme Court of Zambia had ordered the reinstatement of Mr. Nevers Sakwila Mumba as President of the Movement for Multiparty Democracy (MMD). This statement was also published on the Muvi TV website (http://www.muvitv.com/2016/07/27/supreme-court-reinstates-dr-nevers-mumba as-legitimate-mmd-president/), her exact words as follows:
“She says today’s judgement effectively reconfirms the status quo of Dr. Nevers Mumba as President of the MMD with all the other legitimate office holders.
Ms Zaloumis says Felix Mutati therefore maintains his expelled status until the court makes another order. She says Rafael Nakacinda also remains suspended from engaging in any party activities.”
Ms. Zaloumis’s statement has also been followed up by several media appearances by Mr. Nevers Sakwila Mumba on Radio Phoenix and an interview with Muvi TV news where Mr. Mumba states that he has been reinstated as MMD President. The comment by both Mr. Mumba and Ms. Zaloumis are clearly not a correct reflection of the Supreme Court Judgment.
The correct position as you know is that the matter has been referred back to the High Court of Zambia for determination of the validity of our Client’s Presidency which your Client impugns. The two statements are clearly meant to prejudice the Supreme Court and High Court proceedings and as such contemptuous.
We therefore demand that your Client issue a statement within twenty four (24) hours retracting the misleading statements that they have made to the Public, failure of which we have instructions to institute Committal Proceedings in. the Supreme Court of Zambia without further recourse to yourselves.