The Presidency of the former ruling party, the Movement for Multi-party Democracy (MMD) is still not resolved after the decision by the Supreme court that the appeal case should have gone directly to constitutional. MMD has had two centers of power since the 2015, after two factions led by Felix Mutati and Nevers Mumba laid claim to the presidency.
Dr Mumba had challenged the legality of the convention which saw his executive kicked out office in May 2016 and replaced the by Felix Mutati led executive.
The Supreme Court on Tuesday directed that the appellant in the case in which MMD President Felix Mutati appealed to the supreme to determin jurisdiction of the high court in a constitutional matter should be taken to the constitutional court as it was the right forum to address the grievances of the parties.
The Supreme Court Judges Hamaundu, Malila and Makungu sitting in Kabwe said the appeal should have gone directly to the constitutional court because it had the jurisdiction on constitutional issues.
The judges said the appeallents should not have taken the appeal to the Supreme court because the constitutional court has powers to listen to matters which were below the lower courts.
The Supreme court Judges who sat as a full bench have since said that it was up to parties involved to take the matter to the constitutional court.
The Mutati faction has indicated that they will take their appeal to the supreme court to determine who is the true leader of the MMD