The Opposition New Hope Movement for Multi-party Democracy (MMD) has been joined to a petition where Legal advocate Benjamin Mwelwa wants the Constitutional Court to order for the deregistration of all Political Parties that have not practiced democratic tenents since 2016.
The New Hope MMD through its National Secretary Elizabeth Chitika had applied to the Constitution Court to join the matter, stating that it was likely to be affected by the outcome of the Petition.
Justice Mungeni Mulenga granted the Application, stating that the MMD has sufficient interest in the matter.
The Electoral Commission of Zambia (ECZ) and the ruling Patriotic Front (PF) did not object to the joinder application.
“Having read the summons, affidavit in support, the skeleton arguments and counsel for the intended third interested party and there being no objections to the application, I hereby grant the application and join the intended third interested party to the proceedings”, read the ruling in Party.
In this matter, Mr. Mwelwa is seeking an order to direct the Registrar of Societies to deregister all political parties that have not held party elections since 2016.
He is also seeking a declaration that any political party which has been in existence as of January 5, 2016, and which has not practiced democracy through regular, free, and fair elections, should cease to exist in Zambia on January 4, 2017.
He insists that such a Party has breaches article 60 (2) (d) of the Constitution of Zambia (Amendment) Act number two of 2016.
Mr. Mwelwa has cited Attorney General Likando Kalaluka and the ECZ as respondents in the petition.
The New Hope MMD was supposed to have a Convention in 2017 but a group of suspended and expelled members organized an illegal Convention in 2016 where Felix Mutati emerged as Party President. On the 5th of November, 2019, the Courts ruled that the 2016 MMD Convention was illegal and all the decisions made between then and the 5th of November 2019 was null and void. And that Dr. Nevers Sekwila Mumba was the legitimate and only leader of the MMD.
Finished parties are so desperate to grab power or stay in power by using any measure possible. MMD or PF you hd your time ruling this country which you hv ruided, you sold the economy to foreigners ad you trying to force yourself on people. Let the people decide, we don’t want a civil war.
Wht laws are they breaking of not hold a convention, if they hv decided tht wht wrong hv they done to the nation.
We know u targeting HH ad UPND group who hv decided ready. Jst organise your parties, thn wasting your time.
Political parties must be allowed to exercise their constitutions. At the same time they must be brought to book if they do not go as their constitutions require. We need vigilant members who, when a democratic practice is skipped without cause, must raise alarm and bring that party executive to book. Even UNIP in it’s one party state of affairs rarely skipped a “democratic show” of confirming it’s party leadership via a gathering and affirmation by voting.
There is no such requirement under zambian law. That is why we are asking you to support bill 10 which will ensure such a law. I was going to say many things to Elizabeth chitika . She is lucky she is a beautiful woman. Sad she is stressing herself with a useless party like mmd
Well done Citizen, and Patriot Benjamin Mwelwa for your intiative to stretch that MMD ruling to include other parties that do not conduct themselves in a transparent, fair, and democratic process. That is a clear indication that a political party which has been in existence as of January 5, 2016, and which has not practiced democracy through regular, free, and fair elections, should cease to exist in Zambia. That the party would be unsuitable to rule the country.
Very clever, Patriot Benjamin Mwelwa, and you should be highly commended for this action lead litigation. UPND should not be allowed to escape the chop, deregister and close new re-registrations of such parties. Zambia’s Political scene has become too much about dictator like party presidents creating a disrespectful and…
Zambia’s Political scene has become too much about dictator like party presidents creating a disrespectful and violent environment.
Once again I urge Hon. Chitika to rise to Leadership of MMD, which has potential as a credible opposition of note WITHOUT Dr Mumba at the helm.
A GIRL HAS TO CHALLENGE…..go to it. Stop playing waiting games, the time is now! There is a blessing for you to grab.
But how many times has the PF Government flouted the Constitution??? Lungu didn’t hand over power, Ministers didn’t pay back the money, curtailed Freedom of Speech and Assembly etc., etc . . .
Dr. FTJ Chiluba hatched a plan. He fragmented the opposition by sponsoring as many parties as possible which favoured the incumbent. All that MMD needed was to get past the post with automatic win.
Today political parties must shrink because of the 50(+1)% margin. To prove how numbers must diminish is when you look at the rerun where only 2 parties are allowed to wrestle.
In May, 2019, several parties were purged while ABZ and HP (led by Fr. Bwalya and Mr. Miyanda, respectively) voluntarily deregistered there’s.
Where in the constitution does the Zambian law that? People shouldn’t just be dreaming up stuff and try to implement as law.
Seems like all the “diplomats” in London are pissing there pants. You will not have that nice house in those London projects after 2021. Get on your keyboards and campaign hard, that’s the message from SG Davies Mwila…..
How many Conversations did Sata the PF founder hold during his 11 years in opposition before he became President in 2011?
Laws that are made to target individuals are never good laws!
I would urge the opposition to move fast and form a new party Alliance to pre-empt this mischievous legal manipulation! The opposition should not be too slow when you are up against a mischievous and manipulative opponent!
“Conventions”
Am aroused
Ba Mumba don’t get excited and think PF is your friend. These are criminals. They will use you are discard you like a used you know what. Listen to the cries of the suffering public. Don’t be greed and just play the game fairly
MMD just mind your own business, you are asking for a political convention amidst Cobid19
Please show some critical thinking.
“He is also seeking a declaration that any political party which has been in existence as of January 5, 2016, and which has not practiced democracy through regular, free, and fair elections, should cease to exist in Zambia on January 4, 2017”
Absolute nonsense…
Article 60 (d) states “promote and practice democracy through regular, free and fair elections within the party”. “Regular” is not defined and does not mean within a year. It will be shocking if the court can even define or interpret what regular means. The only way to get a clear understanding of what regular means if for the legislature to amend that clearly state what regular means.
Standard practice around the world is to hold conventions when necessary .Barak Obama participated in presidential party…
…..primaries only once. For his re-election he was automatically adopted by the democratic party.No party elections were held again as he was the parties best candidate.
This being sponsored by the PF whose president Lungu came to power through fraudulent back door – and when have they held elections since then? Or it’s just 2016 that matters. I mean what a waste of time, trying every trick in the book to target UPND and HH. Who cares what political parties do internally in their own party. This Constitutional Court is really losing it’s legitimacy and integrity if it will allow itself to be used as dirty laundry mat for frivolous, petty stuff like this. Why do we even clauses in the Constitution on how political parties should be organised and governed. These are ‘tuntembas’ and a Constitution should be concerned with things that affect the entire country and all the people, you know the national governance.
Let us just go our separate ways peacefully; the Czechoslavakia solution. It is only this way that Easterners and Northerners will never be under the threat of a Lozi, Kaonde, Luvale or Tonga presidency. Stop pretending that we are one nation. We’ve NEVER been!!!