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.