Movement for Multi-party Democracy (MMD) Faction National Secretary Mr. Raphael Nakachinda has said that there is no provision in the MMD Constitution that provides that the National Secretary of the Party can call for a convention in his or her personal capacity like what Mwansa Mbulakulima did in 2016. And Nakachinda further accused MMD Leader Dr. Nevers Mumba of abrogating the MMD Constitution.
Nakachinda who is also Patriotic Front (PF) Nominated Member of Parliament was testifying before High Court Judge Sharon Newa. This is in a matter in which MMD National Secretary Ms. Winnie Zaloumis had petitioned the court seeking a declaration that the MMD Convention which ushered Felix Mutati and Raphael Nakachinda as new leaders of the party was illegal, null and void.
Nakachinda in his defense said that according to the party Constitution, when a president is elected through a by election, regardless of a period he stays in office, when Parliament dissolves, his office is equally dissolved and he is subjected to a re-election at a convention.
He further said that before the NEC meeting of September 30, 2011, a ew Constitution of the Country had been assented to and article 60 demands that political parties hold intra parte elections and other provisions that follow. Nakachinda said that the National Executive Committee of the MMD breached the Republican Constitution by extending it’s mandate.
Nakachinda said after the NEC meeting, then National Secretary Mr. Mwansa Mbulakulima held a press briefing where he highlighted the resolutions made at the NEC meeting.
“Members of the party were angered by the decision not to hold the convention. Some provinces summoned their provincial Chairmen inquiring from the how they were represented at the NEC Meeting”, Nakachinda said.
Nakachinda said that whilst in Zimbabwe, he heard that some provinces had petitioned the National Secretary to hold a convention.
“It was during the presentation of the petitions that there was a fracas at the Secretariat and the place was vandalized and the police came in and made some arrests,” Nakachinda said.
He further said that NEC accused him, Mbulakulima and Mutati for being responsible for what transpired and decided to suspended them.
He added that Mbulakulima published a notice for the convention and it was published in both print and electronic media and all party structures were given a circular. It was announced that the MMD Convention would be held on May 22, 2016.
During cross-examination by the MMD lawyer Mr Jean Madaika, Nakachinda said that as member of NEC, he had the right to express his opinion and demand for the fulfillment of the rules enshrined in the Party Constitution.
He further denied having participated in the convening of the Convention.
“The resolution of the NEC, which is the only organ mandated by the party Constitution to call and organize a convention, was that a convention should not be held but I received a circular from the suspended National Secretary Mr. Mwansa Mbulakulima and it read that a convention should be held”, Nakachinda said.
“I saw only three Provincial petitions. The NEC can call for a convention on its own initiative or when it is petitioned by more than Seven provinces”, Nakachinda said.
The National Secretary of the Mutati led faction also affirmed that there was no provision in the MMD Constitution that provides that the National Secretary can call for a Convention in his or her personal capacity like what Mbulakulima did.
“Mr. Mbulakulima who was at that time suspended issued a notice of the Convention. A suspended party official can not act for the party. No individual in the party can single handedly call and organise the MMD Convention. Not even the National Secretary of the Party”, Mr. Nakachinda said.
When asked if the Convention that ushered Mr. Mutati and him as new party leaders was legal or illegal, Mr. Nakachinda responded that’s why they were in Court for the Judge to decide whether it was legal or illegal.
By James Mulenga
Nakachinda is confused!
He is running away from legal costs, so he is slamming it in the face of Mbulakulima and Mutati.
What wrong did Mumbi Phiri do to be stripped off job in parliament, while likes of Nakachinda still enjoying?
PF is more messy than MMD.
Ya, Nakachinda is confused and has also confused me.
This is a circus.
But why did Nakachinda attend the so-called convention if it was not rightly and legally convined?. And further why has he taken this long defending illegality for the past 2yerars almost 3years now?.
Indeed this ‘Pastor’ called Nakachinda has fallen from grace
Indeed lies have short legs.This is the Nakachinda who been running from media to media trying to make an illegal action they did to look legal.The wheels of justice tend to be slow sometimes,but they do turn.
This is what immorality and lack of integrity can do.Going to the extent of becoming criminals and useful i.d.i.o.t.s
I don’t know what their godfather RB is thinking.Rember,after attending illegal gathering,he said that,Nevers will run from Court to Court,until he gets tired.
From the look of things it’s RB’s muppets who have from court to court through unnecessary appeals- High Court, Court of Appeal, Supreme Court, ConCourt; etc., and through all these,they have kept on losing with costs.Am told the costs now stand at approx. K4m.
If indeed Nevers abrogated the Party Constitution,why didn’t Nakachinda go to Court to get a Court Order, so that the Party under the Leadership of Nevers could be compelled/ordered by the Court to go for the convention?.
Even when that is done,it’s the out going NEC that is mandated to organize and mobilize all the necessay Electoral College and Logistics.So really what Nakachinda and group did is NOT legally supported- In short their gathering was illegal.
Nakachinda is just a crook. Ever met him before?
It true that barking too much,makes someone to loose sense.Nakachinda is now being lectured the sensible manner of being politician.
BORING AND WASTING TIME STUFF, DR NEVERS MUMBA IS THE MAN AND WILL CARRY MMD FORWARD