Felix Mutati at the launch of the card renewal for Lusaka Province
Felix Mutati at the launch of the card renewal for Lusaka Province

THE Constitutional Court has dismissed the petition in which Raphael Nakacinda wanted the court to declare Felix Mutati as the legitimate MMD president.

According to the majority judgement of Constitutional Court read by the Master of the court, Nakacinda’s petition could not be heard in its current form because issues concerning the Bill of rights were beyond the court’s jurisdiction.

Nakacinda is national secretary of the Mutati faction of MMD.

“The court cannot hear the petition because these are the same matters raised in the High Court and the petitioner has therefore engaged in forum shopping,” the court ruled.

The court stated that if it went ahead to hear the petition, it might end up making contradictory decisions.

“This matter has been wrongly brought before this court because some articles cited fall under the Bill of Rights. I order that paragraphs 2, 23, 34 be expunged from the petition,” the court said and awarded Mumba costs.

Nakacinda petitioned the Constitutional Court seeking, among other declarations, that the decision made in May 2016 to usher in new office bearers led by Felix Mutati was legal.

According to the petition Nakacinda filed in court last August through his lawyers Eric Silwamba, Jalasi and Linyama Legal Practitioners, the petitioner who stated that he was the MMD national secretary, cited MMD leader Nevers Mumba, Winnie Zaloumis, Elizabeth Mulobeka, Lisa Pasi, Georgina Mutale, and Bwalya Lengwe.

Nakacinda was seeking a declaration that Mutati was the duly elected president of MMD at the convention held from May 20 to May 22, 2016 at Kabwe’s Mulungushi Rock of Authority.

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28 COMMENTS

    • I didn’t understand anything in the court thing.
      When will someone say once and for all that “PF MP Nakachinda has no political party”? And that Felix Mutati is no president of anything? Close that ka office.

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    • This drama has lost meaning. Nevoius does not qualify because, like his bembas friend Kalu, he also stole embassy money & was found guilty by the court. Now only Mutati is clean & he does not believe in wamuya yaya like nevoius & chi hh. So the courts must conclude this drama bwangu 2021 iyi

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  1. A dismissal and a judgement are two different things and can not be intermeshed or entwined. The case was simply not heard or entertained as in the presidential case of HH.

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    • Practically amounts to the same thing. The resulting situation in a dismissal would be same as if it were a judgement. No wonder why Lungu is President, even tho there was no judgement in the petition!

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  2. Mutati should just swallow pride and make peace with Nevers Mumba. There is less than 2 years to vo before 2021 elections campaigns start (May 2021). So to hope to win court battles in remaining time which you have failed to do so in the last 3 years is being naive. Move on my man. Otherwise resign from MMD and join other existing parties like PF or form your own if you want to retain your presidency title.

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    • He has his own party which is a branch of pf. He needs to register it by a different name. Have you ever heard of him campaigning for mmd? He campaigns fo pf!

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  3. Former President Mr Banda handpicked Dr Nevers Mumba as MMD President but when Dr Mumba refused to be manipulated by him, he them went for Mr Mutati – I think the two MMD factions need to just hold a joint convention in which a new leader would be elected, else the party is doomed forever.

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    • No there was no hand picking. There was an illegal convention where mutati was elected a president of a party which already had a president. Thats why they are in court now.

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    • Nevers Mumba was elected and not hand picked. Just continue fooling some people but you cant fool all of us

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    • Your recommendation has been my view for a long time. Actually none of them are in office legally. Dr Mumba’s mandate ended in 2013/14, while Mutati’s convention may not have been properly constituted. The MMD trustees must now takeover and declare a cease fire and invite all protagonists to attend an elective Convention where all positions will be contested and a new leadership elected. It just may yet emerge a stronger party…

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  4. Then where does Nakachinda stand, since his appointment was meant to maintain the workinng relation with the so called “MMD” the Mutati?

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  5. Mutati and Nakachinda are fighting an annointed Man of God Dr.Nevers Mumba,an annointed Man is very difficult to fight with,you will keep loosing until you are embarassed beyond measure,Just humble yourselves and make peace with Nevers,otherwise worse things might befall you chaps,especially the treacherous Nakachinda.

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  6. The right to be heard. That’s how HHs UPND cried foul. Next anyone with issues about the right to be heard forget it until you have the bill of rights.

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  7. Shame on you Nevers and Felix. You are two strong, intelligent, handsome young Bemba men with lots of value between you. But instead of uniting against these Easterners, you continue to malign each other. You keep making RB and validating the power hungry, shapeless Lungu.

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  8. Nevers was given a chance as VP and did not make any impact. Do you think otherwise when he is given the position of President?

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    • No, mwebantu!
      Dr Mumba was MMD president and won an election. Remember Dora Siliya, Mutati etc, not being happy and wanted him to leave. But MMD youth league die hard Boman Lusambo, Nakachinda and Muhabi Lungu protected Nevers until Muhabi Lungu gave him away when RB wanted to stand! It was Muhabi who betrayed Nevers to an extent the former was expelled and the Court stopped RB from standing. That was the end of Muhabi until ECL bailed him out with a job in foreign service. Then Mutati and team did a ka illegslConvention where Mutati was elected. The court seems to ve managed to stop that now. So Nevers Mumba continues as MMD President. U cant say his term came to an end slready bcoz they were in court! They couldn’t do another convention since it was same convention issue which took…

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    • Nevers had a very big impact and everyone was becoming proud of the governance. A combination of Mwanawasa and Nevers was do good. But Mwanawasa felt threatened and was told to drop Nevers, fearing that he might come and take over! So what! Mwanawasa used a lame excuse that Nevers shouldn’t ve talked about Congo, in a foreign affairs matter. He was dropped when he was at his peak.

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  9. I used to respect Felix Mutati but the moment he supported pf I realised that he was as dull as Nevers Mumba. The funny part is Nevers Mumba will do exactly what Mutati did, Mumba will support Lungu in 2021, he will be given ministerial position and later will be dumped. The same way Mutati was used in 2016 is the same way Mumba will be used. On the other hand, GBM is also as dull as Mutati, he is being used by a Brainless HH. MWEETWA can make sense as UPND president, but for PF Kaya mwandi I don’t know who makes sense in the green party as it is full of smoke with no fire

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  10. People are funny. If you own a plot and it’s in your name, another forges documents claiming the same land, your suggestion is to cast lots and see who will end up with the original title?? NO, you would pursue the due process, it’s not being petty it’s law and order. A precident must be set. It’s important to know that someone has been lying and playing everyone for a fool. This is why we recycle crooks because some people don’t respect and appreciate due process, they prefer lawlessness.

    On this one Mumba, I’m with you.

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  11. @ shilesa hunter Yes, that illegal convention was sponsored by RB as flag james @7 says. However, both Nevers and Mutati received money from RB to push RB’s political relevance in Zambia. When Nevers could not pledge to this agenda, RB decided to remove Nevers politically hence illegal MMD convention in Kabwe. Both guys like money and high life and both have lost but Mutati is in a worse position. Fired from PF, hoodwinked by Nakachinda’s appointment but its water in a backet with holes.

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