Thursday, March 15, 2012

(LUSAKATIMES) Decision to de-register and nullify MMD parliamentary seats is irresponsible-LAZ

Decision to de-register and nullify MMD parliamentary seats is irresponsible-LAZ
TIME PUBLISHED - Thursday, March 15, 2012, 8:08 pm

The Law Association of Zambia (LAZ) has said that the registrar of societies has no powers to nullify any parliamentary seat. LAZ President, James Banda, said that the decision to deregister and nullify MMD parliamentary seats was rushed, irresponsible and not in the public interest.

Mr. Banda said that the registrar’s decision was excessive. He said that discretionary power granted to the registrar of society does not make it mandatory for him to de-register an erring organization.

Mr. Banda said that such powers must be used in public interest. He noted that MMD is the largest opposition political party with more than fifty parliamentary seats and that de-registering it is not inpublic interest as it undermines democracy.

Mr. Banda added that the registrar could have referred the matter to the Attorney General to treat any alleged amount due from MMD as a debt and commence proceedings for the recovery of the said money owing..

Meanwhile, the former ruling Party has sought legal redress against the de-registration. MMD Secretary General Major Richard Kachingwe through party lawyers Hobday Kabwe and George Kunda has asked the high court to declare its deregistration null and void.

In its application for leave to apply for judicial review against the registrar of societies’ move to de-register it, the MMD through its lawyers is asking the high court to declare as illegal and unreasonable the nullification of its 53 parliamentary seats.

The MMD is seeking judicial review of the Registrar of societies’ move to de-register it, charging that it has duly paid all statutory obligations and has filed the requisite returns and notices as required under the societies act.

They have further asked the high court to quash the said decision and prohibit the registrar of society from levying illegal charges on the party. The MMD has since declared a dispute with the registrar of societies regarding the payment of statutory fees for its branches.

The party further claims that by effecting the cancellation and nullification of the 53 MMD parliamentary seats the registrar of societies amounts to usurping the powers if the high court which is the competent forum to nullify the election of an MP.

The MMD also claims that there is no legal requirement under the societies act for a political party which is registered at national level to register branches separately.

And Movement for Multiparty Democracy-MMD National Chairperson for Women Affairs Catharine Namugala has threatened that women in the beleaguered party countrywide will stage a naked protest on Saturday should the Registrar of Societies fail to heed the party’s call to rescind the decision.

Speaking soon after former President Rupiah Banda’s Press conference held at his residence near State Lodge in Lusaka today, Ms. Namugala told journalist that MMD women will not sit idle and watch willful assault on Zambia’s democracy.

She alleged that Zambia’s democracy was under threat under the Patriotic Front Government and warned that MMD women were ready to go to prison in defense of the former ruling party from de-registration.

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