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MMD NEC has no power to expel any member, says Shakafuswa

MMD NEC has no power to expel any member, says Shakafuswa
By Maluba Jere
Sat 13 Nov. 2010, 04:01 CAT

JONAS Shakafuswa yesterday told the Lusaka High Court that the MMD national executive committee (NEC) has no power to expel a member from the party. This is in a matter where Katuba parliamentarian Shakafuswa sued MMD national secretary Katele Kalumba seeking a declaration that his expulsion from the party was illegal.

He is seeking an injunction directing Kalumba, MMD officials, the party's NEC or whosoever to restore his party membership and allow him to perform the functions of member of parliament until determination of the matter.

Shakafuswa is seeking among other reliefs, 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 his enjoyment of his party membership pending determination of the matter.

During inter partes hearing before judge Nigel Mutuna, Shakafuswa testified that the MMD had not held any national convention from the date of his purported expulsion. He earlier told the court that he was accused of having been forming parallel party structures.

Shakafuswa, who was led by lawyer Jack Mwiimbu, said under article 19(n) of the MMD constitution as read with article 19(l), there was no provision for expulsion and such powers rested with the national convention.

And PF deputy national youth chairman Geoffrey Chumbwe told the court that he wrote a letter to Kalumba, informing him that he had received news that Shakafuswa was forming parallel structures in Kanyama compound.

“We MMD NEC had some differences with Shakafuswa. So after the complaints, I approached him Shakafuswa at a NEC meeting at State House to find out if it was true he was forming parallel structures in Kanyama and we had a misunderstanding, we fought,” Chumbwe said. “So I wrote a letter to the national secretary, complaining against Shakafuswa’s activities.”

Chumbwe, the former Lusaka Province MMD chairman, told the court that Katele later informed him that the matter relating to Shakafuswa had been resolved and it was closed.

In cross-examination by James Banda, Chumbwe said the deputy national secretary had no power to discipline a party official unless that was done in consultation with NEC.

The petitioners in this matter have closed the case and the MMD told the court that they would call one witness.

The matter comes up on November 26, 2010 for defence.

Labels: GEOFFREY CHUMBWE, JACK MWIIMBU, JONAS SHAKAFUSWA, KATELE KALUMBA, MMD, NEC

posted by MrK @ 7:33 PM