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Alba Iulia
Tuesday, July 7, 2020

Lusaka High Court Grants Injunction to Halt Nawakwi’s third term bid as FDD President

Headlines Lusaka High Court Grants Injunction to Halt Nawakwi's third term bid as...

FDD's Edith Nawakwi
FDD’s Edith Nawakwi

FORUM for Democracy and Development (FDD) president Edith Nawakwi cannot go for a third term as party leader following the Lusaka High Court’s decision to grant an injunction restraining national secretary Nathan Mulonga from amending the party constitution to allow her seek term extension.

In this case, chairman of the differently abled persons committee of FDD Bwalya Ng’andu and party deputy national secretary Kaluba Simuyemba have asked the Lusaka High Court for an injunction to restrain FDD from suspending or expelling them for challenging the third term bid by Ms Nawakwi.

Mr Ng’andu and Mr Simuyemba contend that there are manoeuvres by other members of FDD, including the president, to amend the party constitution so that Ms Nawakwi can be allowed to go for a third term

In a statement of claim in the High Court, Mr Simuyemba and Mr Bwalya Ng’andu, the FDD chairman for the differently abled persons, have stated that Ms Nawakwi was last elected president of FDD in 2005 and had served as president for more than 10 years which was against the party constitution. The duo stated that FDD had not held a convention for a decade and that in terms of the party constitution article 42 (I), the president shall hold office for a maximum period of not more than two consecutive five-year terms. Mr Simuyemba and Mr Ng’andu have said that Ms Nawakwi had served for more than 10 years as president of the FDD and was therefore ineligible to contest the position again.

‘‘We are taking the party to the convention and the constitution will be amended and people will decide whether I should continue or not,” Ms Nawakwi said.

The two are also seeking a court order to bar Ms Nawakwi from extending her presidential term. They stated that manoeuvres by Ms Nawakwi to amend the FDD constitution so that she could secure a third term were a recipe for anarchy in the party and could subject her to impeachment proceedings under article 42 (3) (a) of the party constitution.

Mr Simuyemba and Mr Ng’andu are also seeking a court order to declare their expulsion from the FDD null and void because the standing committee that recommended their expulsion was illegal.

“The plaintiffs claim for a declaration that the current president for the FDD, Ms Nawakwi, is barred from going for another term as president having served two consecutive five-year terms, an injunction restraining the FDD from suspending or expelling and/or from taking any action that will be inimical to the full enjoyment of memberships of the plaintiffs,” Mr Simuyemba and Mr Ngandu said.

But Ms Nawakwi has accused her long-time vice-president, Chifumu Banda, of having started the campaign against her so that the former Chasefu parliamentarian could assume the FDD presidency.

Ms Nawakwi has also said FDD deputy national secretary, Kaluba Musenda Simuyemba, is also part of the scheme to hound her out of the party.

Ms Nawakwi charged that Mr Simuyemba would remain expelled from the FDD and that if he together with Mr Ng’andu wanted to continue in politics, they should form their own political party. Ms Nawakwi claimed she had personally financed the campaigns for parliamentary candidates in the FDD in the last general elections and could not continue taking care of their financial affairs.

Ms Nawakwi claimed that Mr Simuyemba was on a wanted police list for allegedly selling a laptop belonging to the FDD.

“I know this is the work of Mr Chifumu Banda who wants to knock Nawakwi from the FDD presidential race so that he can be unopposed at the coming convention. Tell Mr Banda that the FDD is a party that is strong and they should not be scared of the convention. ‘‘We are taking the party to the convention and the constitution will be amended and people will decide whether I should continue or not,” Ms Nawakwi said.

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60 COMMENTS

  1. then what are party constitutions for …..when those who are perceived to be against the party president….are suspended.
    Where is democracy.?

    • Next is the Hungry Hyena, even an HIV patient like Gary Nkombo is a better president for the United party for national dunderheads/ destruction than that perpertual loser ex privitisation crookster and former kafupi Zamtrop chola boy Hungry Hyena aka Halenya Halenya!

    • Nawakwi has started becoming a dictator like Hakainde. Wages of leading a party full of impecunious individuals, she surely think others have no say because just like HH she is backed by her deep pockets. Talk of the blind leading the blind.

    • Listening to nawakwi ‘s reasons of clinging on here- she has no case and should stand down.

      It’s people like her undermining the tenets of democracy that have let Africa undeveloped and backwards.

      She has no case to stand and go on regardless of how she feels about her VP.

      Thanks

      BB2014

    • Ba Nawakwi insoni ebuntu….. for God’s sake you don’t even have a meaningful following. Ati third term for what? Power hungry at its best and f00lishness at its worst. leave the stage for others you shameless woman

    • Mushota and the rest: How about HH? When is UPND trekking for their convention! HH has been financing the party as well but now GBM brought in his muscle. So let’s wait and see. This is very unfortunate for Nawakwi. When the opposition can not be seen to uphold their constitutions how are they going to provide robust checks and balances to the ruling party? In any case why can’t these documents be respected for once.

    • The FDD happenings must signal a warning to UPND’s HH.

      You cannot keep on doing the same thing expecting different results.

      You see your farmer friend sell huge cow weighing 350kg, you also go and continuously and persistently over feed your goat hoping to reach 350kg also.

      What a way of thinking!! Over-feeding that goat. Just buy cattle too and do the normal thing; you will reach that 350kg mark.

      It does not demand to much rationality to come to that.

    • Nawaki,
      If you still want to be FDD president, learn from Vladimir Putin and his Prime Minister Dmitry Medvedev. After your term is over just let your right hand man to become President and during next term in 2020, you can re-contest as president. As simple as that.
      But the cliche is in your party having election every after 5years and not after 10 years.

    • Zambians! If you envy someone then he has HIV. You never progress by dragging others down or wishing them ill

    • The high court made its judgement based on the FDD party constitution and none other so for those quickly jumping on to UPND must check what UPND’s constitution says and if it is found to be in the same vein limitations on party leadership as FDD’s then the UPND membership can seek same judgement and if not they have to petition to change party constitution amongst their ranks and not be cajoled by those with ulterior motives who are not even party members as suggested by some postings above!

    • @ 1.14 FuManchu,

      Yes the High Court based it’s judgement on the FDD constitution.

      BUT remember that a court does create cases, it judges cases brought before it.

      There are dissatisfied FDD members who took the matter to court, and the court based on the case they brought.

      The UPND constitution does not have community to members bring dissatisfied.

      Dissatisfied UPND members can call for convention, and they have the right to do so at any time they wish.

      Inasmuch HH can contest as many times as eternally, the UPND constitution does not stop members from calling for a convention.

      If HH and his clique tried to stop those calling for a convention, they can take the matter to court and the court would grant that right to them to call for a convention.

      So, it is not…

    • So, it is not about changing the Constitution but in its current state matters can arise for people to exercise their right to a convention.

      HH has no right to stop anyone from calling for a convention and the UPND Constitution, much as it does not have a limit to how long the president can hold office, does not bar people from calling for convention to challenge the sitting president.

      So, let us not lean on false hopes and weak pillars. The UPND does depend on a single individual but general membership.

      Otherwise he would have been president long time ago if it all depended on him, and numbers did not matter.

  2. The entitlement mentality of a Zambian Politician, ” I’m the president of a party my party till either death or I become republican President.”

    Where do they get this kind of thinking? If you can’t respect the constitution of your small party where you don’t have any power at all for that matter, how would you respect the constitution of the country when you are given all the powers that a republican president has.

    MOST successive parties that have gone onto to form Government are not funded by their leader ..it is the collective funding and respect ..and you can see the trend evry clearly of everyone who has been Zambia President so far, KK, FTJ, LPM, RB, MCS and now ECL. It is the people that lift you up and not your Bank Account! Just step aside and fund the Party as a…

    • It is the people that lift you up and not your Bank Account! Just step aside and fund the Party as a Coach or Sponsor. Your bank account wont go to the polls cast a vote for you. Having a huge bank account does not entitle you to be president of the party for ever.

      You can fund you party, and that is noble and commendable. It is no secret that a lot of people fund parties without throwing their hats into the ring. You can join that group and fund FDD if you believe in their noble cause, and if you are the only one who can execute the FDD manifesto, then you don’t have a party worth voting for by voter. Just turn it into a Sole Proprietor Katemba and die with it.

      Over to UPND now

  3. Africa is a laughable continent full of hypocrites and worship-seekers. Unfortunately sycophants are also in abundance so a repeat of Rwanda and Burundi among others is possible everywhere. No wonder you have dwibs who are well beyond retirement still serving under the guise of politics. While there is nothing in seeking a further term, it beggars belief that last minute manipulations should be the resort. See Germany and the UK did not pretend about terms – they leave it to the people to torpedo them from power either intra-party or nationally. Africa ni hypocrisy cabe…

    • 10 years ago FDD had Chifumu Banda (?) as the sole MP. How many MPs and councillors does FDD now have? Zero is my guess. Therefore all this huffing and puffing is pointless. FDD is not going anywhere. Let Nawakwi be declared as President for Life if it pleases her. The people taking her to court have been sponsored by PF as they cannot even fund a round of bottled water at a convention. Zambians like arguing over skeletal remains of parties. BTW an injunction is a temporary measure until another more fundamental matter is resolved. It is not a court judgement.

  4. Tempo left the party for Nawakwi, it’s never her personal to holder. Public opinion was with her when the late Ken Ngondo fought her for the right to take over from Christone Tembo. She won with the belief that she will take the party to higher heights. At the time FDD has MPs in double digits.
    Today FDD is a shell. It has virtually no numbers in parliament and in terms of popular vote, it has struggled to hit past 10 percent. In the last election the biggest underperformed was the FDD, given the relative publicity they had and the resources given by well-wishers. The PF and UPND thought the FDD would get a significant chunk of the vote and would be key in making the king. Such projections never materialised and the FDD in some cases was doing poorly than new entrants on the political…

    • Scene.
      In the corporate world, CEOs leave when a company fails to grow or doesn’t meet expected targets. In most cases, they don’t have to wait for the shareholders to show them the door. There is a generally held belief that within or outside the company are vibrant potential executives who can bring new ideas and move things forward. The company needs this new blood to assure it’s survival and avoid going into oblivion.
      This should apply to politics. The party and the country at larger needs other leaders to take it over.

    • FDD is a no-hopper as you have admitted. As you have said, it is a shell – a skeleton. Let Nawakwi advise herself with this shell. I can assure you that FDD is finished. It is dead and buried. Ask Unip.

  5. Those with ideas to grow the party who are waiting on the sides. A stronger party is good for the nation at large.
    Si mayo, bambi babombeko, hence seleni mukwai.

  6. EDITH INSONI EBUNTU,THE 22 OF YOU THEN CAB MINISTERS RESIGNED FROM FTJ’ GOVT BECAUSE OF HIS 3RD TERM BID NGAIWE LELO CHAWAMA SHANI?ICHINDIKENI BAMAYO.INSONI EBUNTU.

  7. SIMPLY PUT: LEADERSHIP IN ZAMBIA STILL A PIPE DREAM, WHETHER IN OPPOSITION OR RULING PARTY.

    EXAMPLES ARE THERE FOR SIGHTED TO SEE AND THE BLIND TO FEEL.

  8. Good, democracy should not be only practiced when a party is in power…if you can not exercise it in opposition surely how can you exercise it in government.

  9. The only attractive thing about FDD is Nawakwi ‘s body. Remove that FDD will be worse off compared to Kabimba ‘s Rainbow Party.

    • Kabimba’s Rainbow Party is stillborn. He has a better chance of becoming my gardener than a councillor. Zambians may have short memories but who can forget Kabimba the pompous snake from PF!

  10. “I sponsor the party therefore am entitled” to be president syndrome exists even in UPND. HH has become unrecognizable because of the money he claims to have spent from the time he took over from AKM our founding father though am not sure who told him to spend it. I know we will be insulted but he cannot win the presidency. In 2015 the PF was at sixes and sevens we lost and then in 2016 in the midst of suffering?. As the results started pouring in from the field at the secretariat we could not understand. Those of us who tried to reason where called names and threatened. When we thought we had a case Malambo told us otherwise we prayed for a re-run…let go when its time and HH it is time..2021 new leadership UPND Zambia Forward!

  11. What about the under 5 party, when are they going to the convention? Its almost two decades without a convention. Please bo HH allow democracy to flourish in your party and grow from regional and tribal party to national party.

  12. SHE JUST ENJOYS BEING CALLED TO NATIONAL FUNCTIONS AS FDD OPPOSITION PARTY PRESIDENT ITS TIME UP YOU HAVE SERVED YOUR TIME LET OTHERS ALSO BRING THEIR CONTRIBUTIONS AS WELL.

  13. UPND members must take hh (expert in losing elections) to high court too so that he can be replaced at a convention.hh has been on top of upnd since 2006.so his two terms ended on 11/08/2016.if hh cannot respect upnd’s constitution,how can he come and respect the Republican constitution if he won?(God forbid).

  14. They should be setting up companies not political parties. Secondly, the Zambian judicial system is rubbish, they failed to address the petition which is more important than this ‘family business’. Zambia police on the other hand, only arrest and bully political party leaders and journalists from private media. and 15 million people are sleeping.

  15. LT why are are not publishing my comments is it because u are being payed by NEVERS MUMBA to block the truth

  16. STEP No. 1.
    What is FDD’s ideology and vision?
    How does it differ from other Parties?
    What does it offer that other Parties don’t offer?
    Answers to above important questions will determine the goalpost. Until and unless these questions are answered, there will be no goalpost to aim for and bola yakulabafye ichipantepante, in any direction. Once the goalpost is established, then and only then can people move to step No.2.

    STEP No. 2
    Which person is equal to the tack of being the leader to coach and influence people to aim for the established goalpost? i.e. drive, charisma, proven experience in scoring goals.
    ANYTHING OTHER THAT THE ABOVE IS JUST NOISE AND A WASTE OF TIME AND MONEY.

  17. Nawakwi usefulness is long overdue. I don’t understand now to be a politician.
    How can Zambians trust her to form government when she wants to manipulate the party constitution.
    Lungu wants to rape our constitution then who are we going to look for to fight Lungu?
    Iam done!!!

  18. I STAND IN SUPPORT OF NAWAKWI. WE ALL KNOW THAT WITHOUT HER MONEY FDD WILL NOT LAST 2 YEARS. A LITTLE OPPOSITION IS BETTER THAN NONE! BESIDES THE CONSTITUTION DOES NOT SAY THAT JUST BECAUSE YOU ARE PARTY PRESIDENT THEN YOU ARE AUTOMATICALLY THE PRESIDENTIAL CANDIDATE. FDD COULD AND MAY VERY WELL HAVE A FIGURE HEAD PERSON AT THE HELM BUT IF I WERE NAWAKWI I WOULD LET THE PARTY KNOW THAT HER MONEY WILL ONLY GO TOWARDS HER PRESIDENTIAL BID. ELSE SHE CAN RUN AS AN INDEPENDENT. SHE DOES NOT NEED PARTY STRUCTURES WHICH FDD EFFECTIVELY HAS NONE TO RUN FOR PRESIDENT. SHE CAN FUND HER OWN CAMPAIGN ORGANIZATION. GO MAMA NAWAKWI POLITICIANS COME AND GO BUT PRINCIPLES ENDURE FOREVER.

  19. @22 Lungu zimba, did you just say that HH has brains? Kikikikikiki…. Yes of course donkeys have brains, but what matters in politics are human brains, as you know donkeys don’t vote.

  20. Nawakwi, Nawakwi..
    Ok i leave it there, not worth my time commenting on donkeys, especially female donkeys…hiho hiho hiho hiho hiho.

  21. Its time the UPND handed over leadership to GBM. The danger of going ahead with HH is that a ‘bought member’ will comnence such sn action a week before nomination then……..Dununa nafuti. Its not a secret HH takatekepo !x

  22. It’s mind boggling to watch how people never want to relinquish power. Are memories that short that we are perceived to have forgotten the unpalatable language Nawakwi used to denounce Chiluba’s third term bid? I once thought that FDD ran the most credible campaigns in past elections and was actually toying with the idea of signing up, not anymore!

  23. All these MMD psychopaths are the same in terms of demagoguery, be they masculine or indeed feminine like Nawakwi. I mean, 2 terms is what it is, 2 terms. Just what’s so complicated for Nawakwi to understand about this? Was she not part of the term that hounded Kafupi out of power for trying to gerrymander the same constitutional provision? How imbeciles forget so soon?

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