Maravi

Declare my expulsion null and void, Mpombo asks court

Declare my expulsion null and void, Mpombo asks court
By George Chellah
Fri 10 Sep. 2010, 22:00 CAT

KAFULAFUTA MMD member of parliament George Mpombo yesterday asked the Lusaka High Court to declare his expulsion from the MMD null and void. This is in a matter where Mpombo, who is the plaintiff, has sued MMD acting national secretary Chembe Nyangu and Attorney General Abyudi Shonga as first and second defendants respectively.

In a statement of claim filed in the Lusaka High Court principal registry, Mpombo stated that the decision taken by the MMD National Executive Committee (NEC) to expel him was against the party constitution.

“The NEC has no power under the party constitution to extend its term of office upon its expiry and cannot, therefore, exist or purport to function or exercise any of its functions beyond its term of office as prescribed under the constitution without a fresh mandate from the party convention. As a consequence the decision taken by the NEC on Saturday 04th September, 2010 to expel the plaintiff from the party is ultra vires the constitution of the party as the same was purportedly arrived at by a NEC which is functus officio,” Mpombo stated.

“In the alternative, the decision to expel the plaintiff is not final under the party constitution as the same is still subject to approval by the party convention and any intended notification by the 1st defendant to the 2nd defendant to declare the plaintiff’s parliamentary seat vacant as contained in the 1st defendant’s letter dated 04th September 2010 is thus contrary to the party’s constitution. The plaintiff is, therefore, still a member of the MMD with all the rights vested in a member by the party constitution.”

Mpombo prays that the court makes a declaratory judgment that the MMD NEC’s term of office expired on July 17, 2010 and that any decision made after that is null and void ab initio.

“In the alternative a declaratory judgment that the purported expulsion of the plaintiff from the MMD by the NEC as a final decision of the party is ultra vires the MMD constitution and, therefore null and void and that the second defendant cannot act on the said decision to declare the plaintiff’s parliamentary seat vacant as the plaintiff is still member of the MMD,” he stated.

Mpombo is also seeking for an order of interim injunction against Nyangu or any other relief the court may deem just including costs.

And in his affidavit in support of ex-parte summons for an order of interim injuction, Mpombo stated that since the term of office of the NEC expired on July 17, 2010 it could not continue to meet and administer the party’s duties, as doing so would be in complete breach of the party constitution.

“Unless this Honourable Court grants me an order of interim injunction against the first defendant he will continue to convene meetings of the NEC as a body which is functus officio under the party constitution and proceed to communicate to the second defendant the decision which is the subject of this action,” he stated.

Mpombo stated that the NEC expelled him for expressing critical views on various party matters.

Labels: GEORGE MPOMBO, MMD

posted by MrK @ 9:17 PM