Lusaka High Court Lady Justice P.K. Yangailo has yesterday ruled that Patriotic Front (PF) Nominated Member of Parliament Raphael Nakachinda remains an expelled member of the Opposition New Hope Movement for Multi-party Democracy (MMD) and has thrown out an injunction application by Nakachinda with costs.
This was in a matter in which Nakachinda sued the MMD in the Lusaka High Court seeking a declaration that his purported expulsion from the Party is Invalid and void. Nakachinda who sued Hon. Elizabeth Chitika in her capacity as MMD National Secretary further wanted an order of interim injunction restraining Chitika either by herself or Agents from continued interference with his membership in the MMD. He further wanted a declaration that his purported expulsion from the MMD was illegal by reason of procedural impropriety and absolute defiance of the established rules of natural justice.
However, according to an affidavit in opposition to a summons for an order of interim injunction filed, MMD Deputy National Secretary Gregory Mofu argued that Nakachinda was dully expelled in accordance with the provisions of the Party constitution and that by articles 52 (2) and 19 (n) of the said constitution, the MMD NEC had powers to take disciplinary remedies.
Mofu further stated that the issue relating to Nakachinda’s expulsion was even debated in Parliament on June 27, 2020, and that it was a matter of public record that the Speaker ruled that Nakachinda does not sit as an MMD member but as a PF nominee.
“Nakachinda having been suspended and subsequently expelled is not a genuine MMD member as he is in fact an agent of the Patriotic Front whose sole purpose has been to destabilize the MMD”, Mofu stated.
He stated that it was, therefore, evident that there were no grounds upon which an injunction as sought by Nakachida could be entertained.
In Passing her ruling yesterday, Lady Justice P.K. Yangailo agreed with the defendants that Nakachinda had been expelled from the MMD.
“The Affidavit evidence demonstrates that the Nakachinda had been expelled from the MMD party. It is also common knowledge that when the matter of the plaintiff’s expulsion as debated in parliament on 27th June 2020, the speaker ruled that the plaintiff does not sit as an MMD member but rather as a PF nominee. It his has not been disputed by the Plaintiff”, Justice Yangailo said.
Judge Yangailo declined to give him an injunction because he remained an expelled MMD Member.
“Granting the injunction sought herein will be akin to restoring the Plaintiff’s membership of the MMD party, which will disturb the status quo. The Plaintiff stands expelled until the court rules otherwise and in my view, the injunction sought cannot be issued to restrain an event that has already occurred”, Justice Yangailo ruled.
Judge Yangailo then awarded costs to the MMD, which Nakachinda should pay after taxes.
“Accordinly, the application is dismissed with costs to the Defendant, to be taxed in default of agreement”, Justice Yangailo ruled.
Knowing uchipuba wa Nakachinda he wants to appeal.
There’s such a thing as group discipline. That’s where party discipline falls. Raphael Nakacinda is already a nominated MP and party affiliation doesn’t count in his current position. He should be content with that. In the nxt parliament, he should look for a safe constituency and run for parliament.
Yakosa ba PF, now the Lusaka courts have started passing justice. Just last week Kalaba’s party and Mutati were allowed to exist.
We hope courts in Kasama will do right thing too and release innocent UPND leaders from “armed robbery ” charges.
You guys should improve your reporting. Bad spellings cannot be condoned in journalism.
But otherwise Nakachinda must give up, what is he really fight for? Begging rights!
That a painful kick in PF’s nuts.
Nakachinda’s usefulness in PF has expired, replace his nominated seat with Sunday Chanda.
Very loose Canon this Nakachinda chap
Group discipline is necessary for survival in a hostile environment. Suppose u hv to cross a forest known to be a hide-out for dangerous criminal elements. To cross it u don’t want to attract attention by talking too loudly. If u’re a leader of such a travelling party, u impose group discipline to ensure survival. Political parties need group discipline too and laws recognize this by allowing them to enforce private law. Raphael Nakacinda violated group discipline and his party punished him for that transgression.
Kuli Past tense na Already tense in all languages. You cant say: has yesterday ruled that Patriotic Front…..
Raphel you don’t need mmd. What difference will it make if you are reinstated as a member of a losing party?
Hehehheeh.
Bwana Zulu..
This chap is undecided.
He wants double tobela like a huge when she sees money.
Nakachinda doesn’t mean any good to any party when PF or MMD..
It is sad to see how the so called rebel mmd group seems to have run out of direction. Mmd is not going anywhere. That mutati group had secured seats on the copperbelt, meaning they had some popularity. Now after association with pf & being discarded, they are lost. They refused or opposed corruption while in pf govt meaning they showed promise. Now they will be begging kalaba.
Finally let this PF stooge go where he rightfully belongs – in the sinking boat.
Sound Judgement. Know where you are not wanted
It seems we still have some patriotic justices on the bench after all…
Nakachinda achindidwa
Hehehheeh.
Bwana Zulu..
This chap is undecided.
He wants double tobela like a hule when she sees money.
Nakachinda doesn’t mean any good to any party when PF or MMD..
Nakachinda ba muchinda ku matakoh yo mbuwa