FORMER defence minister Geoffrey Mwamba has been granted an ex-parte injunction restraining the ruling Patriotic Front (PF) from expelling him.
Lusaka High Court Judge Annie Sharpe-Phiri said that no agent or servant of the PF should expel the Kasama Central law maker from the party until her further order.
Ms Justice Sharpe-Phiri said that Mr Mwamba had established a prima facie case or a good claim to the right he was seeking to protect to enable the court exercise its discretion in his favour.
This is in a matter in which Mr Mwamba has sought the intervention of the court to challenge the decision of PF to suspend and expel him from the party.
Mr Mwamba who has sued Wynter Kabimba in his capacity as PF Secretary General has argued through his lawyers from Makebi Zulu Advocates that he was not officially communicated, not given an opportunity to be heard and that he had not been formally charged by the party for any misconduct.
But in her ruling yesterday, Ms justice Sharpe-Phiri said it was a prerequisite of the law in disciplinary matters of a Club that the principles of natural justice are observed which demands that an erring member should be notified of the charges leveled against him.
Ms Justice Sharpe Phiri said that it was also a requirement that an erring member was supposed to be afforded
an opportunity to answer the allegations or be subjected to a fair hearing otherwise the purported actions of the Club would be invalid.
She said since Mr Mwamba had in his affidavit in support stated that no formal charge of any purported misconduct was preferred against him and that he had not been given an opportunity to be heard, it was appeared to the court that the rules of natural justice were not observed.
” for the reasons stated above, I am satisfied that the plaintiff has established a prima facie case or a god or arguable claim to the right he seeks to protect and that this is a good case to exercise mu discretion in favour of the plaintiff” Ms Justice Sharpe-Phiri said.
Ms Justice Sharpe Phiri further stated that she was however in making the above findings in no way predetermining how she would decide the main matter.
“Therefore the application for injunction succeeds. I accordingly order the defendant, whether by himself, his agents, and servants is hereby restrained from expelling the plaintiff from the Patriotic Front until further order of this court”. Ms Justice Sharpe-Phiri said.
The ex-parte injunction granted to Mr Mwamba was subject to an inter-parte hearing between him and the PF.
Wena GBM zwa mwa teng mwa PF. Abakulati.
Kabimba sued in personal capacity by GBM. And, and, I repeat, this Armageddon for PF, GBM don’t need PF, he is hanging on to cleanse it.
“Fulwe pa kufwa epo apasa umulilo”.
“inter parte” means both GBM and Kabimba need to face each other IN PERSON. Face-to-face, whoever misses will face jail.
“servants”, in this case includes Sata, who is servant of Kabimba. There is no way Sata will have to hold or say a single insult to GBM, until after and the two, here I repeat = Godfrey Bwalya Mwamba vs Wynter Maanambwa Kabimba. face-to-face.
And date will be the day before Zambia vs Uganda.
General Body Malaise (GBM) to run to the courts all he wants to buy time but the act is that the process to expel him out of PF has been set and is turning in an irreversible mode.
he can brag about his money but he does not own PF and soon he will be totally out.
If his behaviour since he resigned from govt portrays his real persona, i am extremely happy that he is no longer part of the govt.
Like HH, GBM is so full of himself, a show off and with such ego the two can never get along or even work together.
IF WIFE OR HUSBAND IN THE MARRIAGE UNION SAYS NO, ITS NO.
NO AMOUNT OF MONEY OR AIR OR RADIO TIME WILL SAVE THE UNION.
You are right, only in the animal farm with animal driven articles of association.
two million dollars ring will reverse the thot
With all serving MPs rendered useless by Chumbu Munshololwa and honourable Ministers reducured as “Ulichipuba”, including the Vice President, I see a break-up of the PF just after parliament is dissolved.
That’s very interesting as we see who will emerge victor within the PF.
GBM, this PF is not worth your personality.
GBM seems to be ready to go but there seems to be something he wants to expose. keep your facebook busy. WMK on the other hand is scared to the bone to face his collegue in court and is cultivating issues for GBM. advisors to GBM keep it up.
bushe have you heard ba nsanda talk after GBM took the king holding cumbu hostage to court? they all do not like WMK but he has tied chumbu with all his dealings around the body. all presidents that come too close to lawyers end up like chumbu. lawyers are worse than accountants. lawyers ripe where they have never sowed. only GBM knows this and seems the only coragious one among chumbu’s disturbed cabinet.
Nice episode. I am enjoying this soap opera and I think it would be beneficial and a first in Zambia for a case to be broadcast live on ZNBC TV when it kicks off.
I like the language used by Ms Sharpe though it’s been distorted by typos from LT.
This is the democracy we want to protect in our country and we are happy to follow the proceedings of this case to the final conclusion.
Who will be the biggest hitter between the 40stone man-mountain Versus an 8stone Kamimbya? It will be brutal and bloody!
Kamimbya is quite crafty and has the backing of the state coffers and would like the challenge of taken on the honey monster pound for ounce digging in there to try and fell the giant. This is synonymous to David and Gorriath (sp) Only this time they both are the latter. Coming soon…