Court grants Shakas, Chibombamilimo injunction against expulsion from MMD

Tuesday, June 30, 2009

Court grants Shakas, Chibombamilimo injunction against expulsion from MMD

Court grants Shakas, Chibombamilimo injunction against expulsion from MMD
Written by Maluba Jere
Tuesday, June 30, 2009 3:11:24 PM

LUSAKA High Court judge Nigel Mutuna has granted former science and technology deputy minister Jonas Shakafuswa and his energy counterpart Lameck Chibombamilimo an injunction restraining the MMD from expelling them. This is in a matter where Chibombamiliomo and Shakafuswa have sued MMD national secretary Katele Kalumba seeking a declaration that their expulsion from the party was illegal.

The duo are also seeking an injunction directing Kalumba, MMD officials, the party's
national executive committee (NEC) or whosoever to restore their party membership and allow them to perform the functions of members of parliament until determination of the matter.

They are seeking among other relief, as an alternative to the injunction in question, another injunction restraining Kalumba through party officials, the NEC, party servants and employees of the National Assembly from interfering with their enjoyment of their party membership pending determination of the matter.

Shakafuswa and Chibombamilimo explained in writ of summons filed in the Lusaka High Court that on March 3, 2009, Kalumba announced through the media that the duo had been expelled from the party and that there shall be a recommendation to the Speaker of the National Assembly to declare the Katuba and Mpulungu seats vacant.

They deposed that they had not been charged with any offence by Kalumba before their purported expulsion.

Shakafuswa and Chibombamilimo further explained that on March 5, 2009 they received official communication from Kalumba conveying the decision by the NEC and the recommendation to the Speaker of the National Assembly to declare the Katuba and Mpulungu seats vacant.

They complained that they were expelled from the party without being charged and given a chance to exculpate themselves.

Shakafuswa and Chibombamilimo averred that the purported expulsion was contrary to Article 19 and 52 of the party constitution. They lamented that their expulsions were premeditated and contrary to or the spirit of Article 19 of the party constitution.

Shakafuswa and Chibombamilimo charged that the NEC had no power to expel them.

They pointed out in their affidavits in support of summons for an interim injunction that if they are not granted the injunction, they will suffer irreparable harm as their seats as members of the National Assembly shall be declared vacant and their appeal to the MMD convention would be rendered an academic exercise.

Recently, President Rupiah Banda fired Shakafuswa and Chibombamilimo from their ministerial positions, warning that he would recommend that they be chucked out of the party.

Following the President's pronouncements, the MMD held a NEC meeting and party national secretary Katele Kalumba announced that it was unanimously resolved that the duo be expelled as they had repeatedly and arrogantly made pronouncements and conducted themselves in ways that had placed the party into disrepute.

Delivering ruling on Tuesday, judge Mutuna noted that Regulation 8(4) states that ‘The National Executive Committee shall have power to expel a member from the party for a serious or repeated misconduct, subject to the approval of the convention’.

However, judge Mutuna said this regulation suggested that there was no express provision empowering NEC to expel a member without approval of the convention.

He said the plaintiffs had established a prima facie case to the right they sought to protect in line with the authorities cited.

Judge Mutuna said he could not delve in the procedural aspect that preceded the purported expulsion nor the conduct of the plaintiffs, saying that would be determined at the trial.

He further noted that Article 19 and 52 (2) of the MMD constitution did not grant power to NEC to expel a member.

Judge Mutuna added that according to the two provisions, NEC only appears to have power under the constitution to suspend a member in line with provisions of Article 19 (L) of the constitution.

In granting the injunction, judge Mutuna said costs shall follow the event and also granted leave to appeal.

Labels: JONAS SHAKAFUSWA, LAMECK CHIBOMBAMILIMO, MMD