The MMD is today expected to hold a national executive committee meeting to decide the fate of its two vice-presidents Dr Michael Kaingu and Dr Brian Chituwo along with Dora Siliya, Lucky Mulusa and Tobias Kafumukache a day after the Lusaka High Court dismissed the contempt of court case against the former ruling party president Nevers Mumba.
MMD national secretary Muhabi Lungu told the Daily Nation yesterday that he would be presenting a report to NEC members on the rebel members after they had refused to exculpate themselves over charges of indiscipline.
Yesterday, the Lusaka High dismissed the contempt case against Dr Mumba on account that the injunction to stop the MMD leader from going ahead with a NEC meeting was served on a Sunday.
High court Judge Eddie Sikazwe said the preliminary issues of the injunction which were raised by Dr Mumba Advocates contending that although there was a court order for an injunction it was served on a Sunday which was not in line with the High Court Order of the laws of Zambia.
Judge Sikazwe ruled that the second preliminary issue raised by Dr Mumba was to do with personal service of the MMD president could not render him (Dr Mumba) to be liable for contempt proceedings.
Judge Sikazwe added that the applicants Dr Micheal Kaingu and Dr Brian Chituwo knew that there was going to be a NEC meeting with a programme of electing a new National Secretary of the party.
Judge Sikazwe further added that the litigants before court were coming from one party, MMD and he therefore ordered no costs to either party.
This is in a case where the two MMD Vice Presidents Micheal Kaingu and Dr.Chituwo sued Dr Mumba and 34 NEC members for allegedly convening a NEC meeting which elected Mr.Muhabi Lungu as the party national secretary.
It was alleged that upon granting this order at around 13:00 hours then national secretary Chembe Nyangu was served with the same order at around 14:10 hours while preparing documents for the meeting at the Movement for Multi Party Democracy-MMD Secretariat by Messer Katolo and associates and he acknowledged receipt.
But Dr.Mumba disregarded the Court’s order of an injunction on the basis of that the court order could not be served on a Sunday and the disobeying of this court order was thereby lowering the Court’s dignity and authority.
And Mr Lungu said he NEC to be held today would decide what action to take against its rebel members and added that now that the court battle was over, it was important for the party to move forward to catch up with the time lost in mobilization.
Mr Lungu said while the ideal situation would have been to see reconciliation between the Dr Kaingu faction, discipline was cardinal for the smooth running of the party.
He said it would not help the MMD to have a small group of people moving in a different direction from the rest of the members because that was what was causing disunity in the former ruling party.
He said if there was going to a complete secession from maligning the leadership of Dr Mumba by those who had been calling for the removal of the MMD president, it would be prudent to consider reconciliation because the party was running out of time.
“We are having a NEC meeting tomorrow and I will be submitting my report over the disciplinary action that commenced against our colleagues. And the ideal situation after this episode should have been reconciliation but if you a small group in an organisation pulling in the wrong direction, then it is difficult to stay together. So NEC will decide on what action would be taken,” Mr Lungu said.
Reconciliation is the best way to go,but they ‘ve to be charged.And also be withdrawn from being Vice Presidents.NEC put them there and NEC can withdraw them.Tobias should just remain an ordinary member and not National Youth Secretary.Siliya and Mulusa just ordinary members.All should publicly apologize to Dr Mumba and NEC Leadership and to the general MMD Membership.
2016 I am voting for Shi Mapepo. Zambia shall be saved!
God promises to heal our land if we can repent and have a God fearing leader.
God will prosper Zambia!
True, and they should be warned that if they continue with the same behavior as ordinary members then stronger action will be taken against them. Catherine Namugala seems to have been reformed because she has been quiet throughout this process when this group has been behaving badly.
People prayed for May 12th, May 16th and May 30th . God is faithful and he deserves all the glory.
I’m no fan of the Kaingu faction trait0rs, but this argument of not able to serve the injunction due to a Sunday is a bit weird.
First of all why did the judge agree to issue it on a Sunday in the first place? Also I have heard injunctions being served on weekends (Sat and Sun) before… the very Judge Wood has issued injunctions on Sun to save the disgr@ced Mmembe from going to j@il in the past.
So by this argument a pris0ner condemned to be execnted on Sunday night cannot serve an injunction to save his life he came across evidence to exonerate him/her? So does the law stop on Sunday, implying if one wants to commit cr!me, they should do it on the weekend because no injunction can be served on them?
I just hope this not a bad precedent that may haunt us in future.
Ba Maverick,you’ve chosen to mislead yourself.The Judge said,Kaingu should have gotten leave from Court(to give Court Order on Sunday) since they knew and were invited to the same meeting when the NEC Meeting would take place.The Court Leave gives legality to issue Injuction on Sunday or Public Holiday.The NEC Meeting was not ambushed on them.They failed because the injunction was ill conceived.No merit at all.
Thanks Bo Nyambe (Luitumezi muna muhulu)… ‘gotten leave from court’ to issue the court order on Sunday; umm it’s still some unnecessary technicality wrapped into unnecessary jargon. The judge issues an injunction, it should be served the very moment or minute he/she issues it.
If the injunction was ill-conceived and lacked any merit, the judge shouldn’t have issued it in the first place. It was the same judge who issued it… does it mean anyone who screams ‘injunction’ can be given one? Imagine the costs if the party that is served complied with it. I reckon the issuing judge should weigh merit to establish basis at the time of issuing an injunction.
Look I’m happy these trait0rs lost as their motive as all malice. However, I don’t agree with ‘Sunday’ argument.
This is not about lame excuses. This is the law.
Chapter 27:
20. (1) Subject to any rules of court relating to sittings and vacations,
the Court shall be open throughout the year in Lusaka, all Courts with
Resident Judges and in district registries, except on Sundays and public
holidays, for the transaction of general legal business pending therein
other than trial on information of criminal cases, and the Court may at
any time hear and determine any causes or matters pending in the Court,
other than such criminal cases, upon notice to the parties and otherwise
as shall be determined by rules of court or as shall seem just and
reasonable.
Also, somewhere else it states something to the effect that civil cases shall not be dealt with on Sunday and Public Holidays.
@ Mwana Chinondo, nothing you have quoted talks about serving court orders or injunctions. Anyway my argument isn’t about whether the law exists or not, rather if a court order can be issued on a Sunday, it should be served on any day (including Sunday) without subject to further conditions or qualification. Besides if the law is bad, it is bad. For example there are laws that condemns a r@ped woman to de@th; it’s a law but that doesn’t stop ordinary people from seeing how bad they are.
MAN OF GOD SHOW LOVE TO THESE THUGGS.FORGIVE THEM FOR THEY WERE BLINDED BY KABIMBA AND MUBEMBE ‘S DEMONIC MONEY….
2016 I am voting for Shi Mapepo. Zambia shall be saved!
God promises to heal our land if we can repent and have a God fearing leader.
God will prosper Zambia!
Zambia,it’s a high time this time around to use Bible Standards to choose a Leader:Ps.33:12,16;Ex.18:21-23:2;Deut.17:14-20;Prov.14:34-When the righteous rule,pipo rejoice,but when the wicked rule,pipo mourn-they regret and cry.
NEC has shown leniency and reconciliation on the Traitors by only strippng them their. NEC Positions and Vice Presidents Portofolios.But they still remain Party Members with full rights.However,they shall be under observation.Will see now if these traitors are for real reconciliation.