• Party Conference that elected Felix Mutati illegal
• Mutati, Nakacinda were expelled and could not therefore convene a legal conference
• the expulsion of Mutati as a member of the MMD has been confirmed upto the Supreme
BACKGROUND
On May 22nd 2016, Felix Mutati held a party conference that made him go through unopposed to become the new MMD President at the Party Convention held at Mulungushi University in Kabwe.
Mutati challenged former party President Nevers Mumba who they claimed did not even show up at the convention despite being invited to the event.
Eastern Province Chairperson Jacob Mwanza moved a motion to dissolve the NEC and revoke all suspensions as well as expulsions which was seconded by North Western Chairperson.
Mwanza also proposed that the election of the party President be done simultaneously with the election of NEC members which was also seconded.
Over 1700 delegates from all the ten provinces are attending the convention.
Following the holding of an emergence party conference and the consequent election of Felix Mutati as new party leader, MMD President Nevers Mumba sought protection from the Lusaka High Court.
He filed a case in the Lusaka High Court stating that the Conference was held without following due process and regard to the party constitution.
He sought a declaratory order that the conference that elected Mutati was illegal especially that Mutati and others were earlier expelled and the expulsions confirmed upto the Supreme Court.
The Mutati group appealed to the Supreme Court.
The Supreme Court upheld the ruling of the lower court and condemned Mutati to cost.
The Felix Mutati were advised( not mandatory) that this matter should best be resolved by the party itself(meaning they can hold a fair conference where all parties are allowed to participate) or on issues of party constitution can be referred to the Constitution Court whose jurisdiction is constitutional matter.
Interpretation
The conference that elected Mutati as party Leader was illegal
The status quo moves to the prior position( where Nevers Mumba was MMD President)
In August 2017, the Court of Appeal dismissed an application by Felix Mutati and three others to stay proceedings in a case where their membership of the former ruling party MMD was being challenged.
Mutati, Raphael Nakacinda, Mwansa Mbulakulima and George Kangwa appealed to the Court of Appeal against Lusaka High Court judge Mwiinde Siavwapa’s refusal to stay proceedings in the case where acting MMD national secretary Winnie Zaloumis challenged their membership following their election at a disputed convention that purported to oust Nevers Mumba from the party’s leadership.
This Party is dead and gone. This is an example of how PF will end up like. Everybody should go home at this point and hope for a miracle
Even Mutati accepts that Mumba is MMD president, that’s why he went to work as Minister of Works.
Ba PF niba massetingi….. They got what they WANT and NOW ba settinga chabbe ba Mumba that he is a President. They are ALREADY in POWER!!
UPND.
If Mumba claims to be MMD president then get rid of him so that a fresh face can inject some life back in the party.
This is all the corruption of lungu , he was happy to see an MMD in dispute to suit his needs , lungu even let his corrupt judiciary and court system with the police help him archive this……the mans corruption and moral bankruptcy knows no bounds, yet he claims to be a lawyer.
As citizens hoping for the office of the presidency to have integrity worthy of our youth to emulate, one only hopes the next president is not as corrupt a crook as lungu so the courts deal with lungu and his gang according to the law, not the jungle law he is showing and subjecting others to.
Mumba has just learned the crookedness of not holding convention and LYING.
This nkhani will not be resolved any time soon. There is another election coming soon so the different factions will be needed by the different parties to achieve their objectives. So we wont hear the last of this. Worse that now Nevious is a convict, it will take a new twist
Ba Pastor Mumba please dont mix active politics with the work of God. These two cannot be in a relationship. Choose one career path.
the process of holding political parties conversation in Zambia is smiliar. Mutati and Nakachinda can learn from the PF who have started the process. You can not quantum leap to a conversation. You can ask PF secretary general or you can read the party constitution, the process is the same.
Mr Kachana Banda the ‘go back to the PULPIT call’ now sounds like a broken record. The man is in politics to try to bring morality and integrity in the governance of this beautiful country Zambia. Yes Zambia Shall be Saved.
MPs contribute a certain percentage of the earnings from parliament so to which faction do they pay this money? Besides both Mutati and Nevers are not original MMD members.
My simple advice is Mutati is ‘PF’ and therefore any wayward movements against the PF will cost Mutati dearly. He will be arrested and given a three [3] year “simple custody imprisonment” for fraud involving USD.$1.7Million meant for sharing…… Mutati must just peteka the kama tail between his thighs, and continue with being the useless Minister of Inventary
This will be a tough one to settle