Hon. Rapheal Nakachinda chairing a sitting of the parliamentary select committee on the Constitutional Amendment Bill.
Hon. Rapheal Nakachinda chairing a sitting of the parliamentary select committee on the Constitutional Amendment Bill.

The Lusaka High Court has quashed the application by Raphael Nakachinda that sought the stay of execution of the recent judgment where Nevers Mumba was declared as Party President.

Judge Sharon Newa has ruled that the appeal is not eligible to operate as the stay of execution of the judgment.

Judge Newa has relied on Order 53 rule 13 of the Supreme Court of London.

She further ruled that a stay is not warranted where the execution of the judgment has already been done.

Recently Mr. Nakachinda together with another MMD member George Kangwa filled the application for the stay of execution of the judgment where Dr. Mumba who is also former Republican Vice President was declared as legitimate MMD President.

The application was made pending the determination of their appeal before the Court of Appeal.

The two lodged an appeal in the Court of Appeal after the Lusaka High Court’s Judgement on November 5, 2019.

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19 COMMENTS

  1. Good!!!! It is a waste …. can a judgement of 5 hours put together by the learned judge be trashed by Nakachindas 24 hour appeal?

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    • Mutati is a suitable candidate in my view. I hope PF can get him and prepare him to take over from President Lungu in 2026. It is a known fact that the little UPND god is UNELECTABLE.

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    • Really laughable Nakachinda will soon be discarded by PF and its incompetent leader as he is of no use to them, he was simply appointed to cause trouble in MMD.

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    • You find something to do with your life , politics shouldn’t be employment but a service. You want to appeal how many times. Listen, your time is up and you’re going to finish like a mop.

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  2. I keep asking whether this fool is an independent nominated MMD member, it is my hope that ECL is not again misleading this lost wolf in sheep’s skin to stay illegally in parliament and draw a salary and allowances.

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  3. So it’s just the stay of execution which has been thrown out and their appeal still has not been heard.Is this not another ground to appeal to a higher Court? Lawsuits are a merry go-round.

    However the appeal will still not be successful because the MMD Constitution says that only NEC can call for a convention.The elected NEC met and unanimously decided to postpone the convention from 2016 to 2017.Though undemocratic but legal.It was then( i.e 2016) that Mutati should have challenged the postponement as opposed to calling for a rival convention.Much as I wanted Mutati to be MMD President for Nevers has failed to galvanise the party structures,he(Nevers) has a strong locus standi.This explains why Mutati was against the appeal immediately after the ruling.

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  4. Why is Nakacinda still a nominated MP? His faction is no longer legitimate MMD? He should have long resigned.
    Luke

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  5. Only someone that goes by Nakanyenga would trust him. These guys (Mutati included( have has their day. Let’s be honest, RB trashed this house because Nevers refused to step aside when he wanted to come back. The party is done… equivalent to UNIP

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  6. Naka shana or is it Nakachinda or Naka dance is still dancing with injunctions while Sharon is busy cheering him. I wish you and Sharon good lack.

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