Lusaka High Court judge Sharon Newa has reserved ruling to Thursday on whether the acting Secretary General for the MMD faction led by Dr Nevers Mumba Winnie Zaloumis can challenge the election of Felix Mutati when her tenure of office expired in 2016.
This was the Mutati led faction raised a preliminary issue arguing that Ms Zaloumis cannot prosecute the matter on behalf of the Dr Mumba group because she is not a Secretary General as her tenure of office expired in 2016.
This is in the matter in which Ms Zaloumis in her capacity as acting Secretary General for the MMD faction led by Dr Mumba dragged president Mutati for the other MMD faction, Raphael Nakacinda, Mwansa Mbulakulima and George Kangwa to the Lusaka High Court challenging the legality of their convention that was held and their election as New leaders of the MMD.
But in Responding to the preliminary issue raised by the Mutati group, Dr Mumba’s lawyers J. Madakai and Mulambo Haimbe they have contended that that the court should not entertain to such issues because the matter before court is matter in relation to the illegal convention which saw the election of Mr Mutati and not the issue in regards to the tenure of office of Ms Zaloumis.
The lawyers have further argued that the preliminary issue that has been raised is the same issue which was raised at the Supreme Court.
Justice Newa could not make her ruling but reserved it to Thursday 1 November, 2018.
In her statement of claim Ms Zaloumis wants the court to determine whether the Mutati group had authority to call for a party convention where Mr Mutati was elected as party president.
She further wants a declaration that the convention which saw the election of Mr Mutati was illegal.
Meanwhile, the MMD faction led by Mutati have abandoned their lawyer Eric Silwamba, Jalasi and Linyama Advocates.
However, the Mutati group have since retained Makebi Zulu Advocates as their new lawyers who raised the preliminary issue before court.
Ya gamuka!!! When will this end, we are tired of this story. When will the court put this matter to rest. We have biased analysts side with one group or the other. Can a judge with b***lls please decide this thing once & for all.
Mutati is rational. Hakainde is irrational. Nevers if has made things right with the one who called him he may be rational. But I have to wait and see. Anyway, I would wish Mutati were the leader of MMD.
The Felix Mutati faction are the ones occupying offices illegally. The fear the judges have is what happens to Mr. Mutati who is working in government and what happens to them if they ruled against a PF ally . The Mutati faction changing the lawyers,can also be seen as they are not genuine the lawyers have likely told them that they are masquerading in those offices and accept the facts. I pray that justice should prevail
This is what happens when destroyers of democracy cling on to perfectly functioning institutions and run them to the ground. MMD was founded on Zambian principles and values. Mumba should have never been allowed anywhere near this party. Chiluba was right to kick him out. The party needs new blood and massive rebranding.
@ FutureZed; point of correction, may be your memory is not very good; Nevers Mumba joined MMD during Mwanawasa leadership. Nowhere in history did Chiluba ever kick out Mumba.
If Felix Mutati claims to be president yet still accepting positions in the rulling party then his integrity should seriously be questioned. Is opposition only at the times of elections? There are a lot of mistakes that news to be pointed out in the rulling party by opposition that Mutati as a parasite can’t offer.
In the words of Mwanawasa, Sata was very important because he pointed out things that his close cabinet ministers were failing to. In so doing helped Mwanawasa constructively in decision making.
Mutati’s motivs together with Lipiya Banda in creating that faction, is selfish to it’s core. They don’t only insult MMD symphathisers but insulting Zambian democracy. Mutati can do anything to earn a living that makes him a very cheap politician and untrustworthy. A…
..conti… president of another party can’t be a minister in another.
Fighting for a shell – MMD died years ago.
The courts convicted Nevers, what does that mean politically.? Is he going to stand as defunct MMD presidential candidate in the case mumba finally becomes MMD leader? Can someone respond. Pantu twanaka naba fyatile aba!
What are they fighting for? What will the winner get except an empty shell of a party. I think what is at stake here is only pride.