Mulongoti questions his suspension

Mulongoti questions his suspension
By Patson Chilemba
Mon 07 Mar. 2011, 04:02 CAT

MIKE Mulongoti has wondered why President Rupiah Banda and the MMD leadership are in a hurry to stop him from attending the MMD national convention.

In an exculpatory letter obtained from MMD insiders at the party secretariat dated March 1, 2011 addressed to acting MMD national secretary Chembe Nyangu and copied to President Banda and party national chairman Michael Mabenga, Mulongoti, who is MMD vice-presidential aspirant, pointed out legal flaws in his suspension from the MMD for three-months.

“1] Section 19 of the constitution was not intended to be used in isolation but in relation to other provisions of the constitution. The meeting held at Mulungushi was not summoned by the secretariat as per subsection (P). appendice A-disciplinary regulations 1991-disciplinary organs 4 (b) is clear on how a NEC member can be disciplined,” Mulongoti stated. “disciplinary procedure (8) (1) - The following procedure shall be adhered to step by step by all disciplinary organs in the party (no exception).”

Mulongoti stated that the letter of suspension stated that National Executive Committee (NEC) sat at Mulungushi and deliberated over issues relating to his conduct.

“This presupposes or pre-empts the fact that the NEC sat to hear a case over the alleged offence of conduct likely to bring the party's name into contempt, ridicule or disrepute under regulations 7 (a) of 1993,” Mulongoti stated. “Notably, there was no notice given to me of the said deliberations, neither did they charge me nor give me an opportunity to exculpate or vindicate myself, contrary to the rules of natural justice which are enshrined in the MMD constitution itself.”

Mulongoti stated that under article 52 (3) of the MMD constitution, as well as regulation 6 of 1993 disciplinary regulations, the national secretary's powers appeared to be limited towards directing a separate concerned organ of the party to initiate disciplinary action against any erring party member.
“This has not been done in my case. It appears the NEC on its own volition initiated and concluded the purported disciplinary action against myself contrary to the provisions of the constitution,” Mulongoti stated. “Notably also, the suspension letter to me appears to be a final penalty slapped on me under the provisions of regulation 8 (3) of 1993 regulations. However as noted before, the above penalty can only be leveled against an erring member who has been found wanting by a properly constituted organ and disciplinary hearing.”

Mulongoti stated that in regulation 9 of the disciplinary regulations provided for an elaborate disciplinary procedure which was not followed.

He stated that he was not served with a written statement of the charge made against him, nor was he given an opportunity to exculpate himself, nor a right to cross-examine people who made alleged submissions at Mulungushi.

Mulongoti stated that the suspension slapped on him was arbitrary and could only have been validly done after hearing him on the allegations.

“I was not given the right to appeal contrary to the provisions of regulation 9,” he stated.
Mulongoti stated that from the foregoing it was evident that the actions were intended to disadvantage and deprive him of his rights in the constitution.

He stated that “double jeopardy” was evident in that President Banda removed him from Cabinet and also from Parliament.

Mulongoti wondered why the same reasons were used for suspending him from the party and recommend his expulsion.

“I am therefore demanding the following to enable me to pursue my rights:- a) The list of NEC members who attended the NEC meeting at Mulungushi; b) Evidence submitted against me and by who; c) Resolutions of the meeting as I am entitled as a member of NEC;” stated Mulongoti. “d) Above details urgently needed to enable me to pursue other avenues because the avenue taken is devoid of natural justice. Why the hurry to stop me from attending the convention?”

Earlier on February 21, 2011, Nyangu wrote to Mulongoti, stating that under article 19(n) of the party constitution, NEC met on February 19 at Mulungushi Conference Centre where submissions relating to his recent conduct as a member of the party were tabled and debated at length.

He stated that NEC was unanimous in its conviction that Mulongoti's unjustifiable utterance and conduct brought the party and its leadership into ridicule following his conduct and unbearable utterances made both in the print and electronic media, particularly The Post Newspaper of February 19, 2011.

“Consequently, NEC has resolved to suspend you from the party for three months with immediate effect in accordance with disciplinary regulation number 8(4) of 1993,” stated Nyangu.