Maravi

MMD to protest de-registration

MMD to protest de-registration
By Kombe Chimpinde and Allan Mulenga
Thu 15 Mar. 2012, 13:00 CAT

OPPOSITION MMD members are this Saturday planning to demonstrate against the de-registration of the party. And Dora Siliya says the de-registration of MMD is an assault to democracy in the country.

But Chief Registrar of Societies Clement Andeleki said the drastic decision had been taken as a great exception by his office to send a strong signal to erring registered societies in Zambia, that non compliance with the societies Act would attract severe punitive measures.

However, Brebner Changala, a Lusaka resident, has questioned Andeleki's credibility.

The Registrar of Societies yesterday de-registered the MMD, a decision which the former ruling party has vowed to contest in the courts of law.

Andeleki's actions means the MMD ceases to operate as a political party in Zambia.

Announcing the de-registration at a briefing at the Ministry of Home Affairs headquarters yesterday, Andeleki said that the cancellation of registration of the 21-year-old party arose from among other reasons, non-payment of statutory fees totalling K390,980,000.

"As Chief Registrar of Societies for the Republic of Zambia, I have this 14th day of March, 2012 in exercise of the powers vested in me by section 13 (2) of the societies Act; Chapter 119 of the Laws of Zambia and regulations therein, cancelled the registration of the Movement of Multi-Party Democracy for non-compliance with the societies Act," Andeleki said.

"By copy of this order signed by my hand this day, the Movement for Multi Party Democracy (MMD) ceases to operate as a political party in the Republic of Zambia."

Andeleki disclosed that the action had also been taken after repeated reminders and warnings served on the party's executive.

"Among the many reminders served on the de-registered political party include notice of annual returns and statutory fees and changes in form of office bearers dated 16th November 1993 signed by then C.M.D. Zulu, Registrar of Societies then," he said.

"If it is a person, it means that is death unless the MMD contests the decision and the court rules otherwise. Other notices of default include that dated 8th May, 2000 signed by Mr. R. Sakala Registrar of Societies then and other reminders of default dated 2nd February, 2007 signed by a Mr. Jones J. Mwelwa, registrar of societies then among many other reminders."

He added that several other reminders including the latest one signed by himself on December 27, 2011 and February 21, 2012 respectively, requesting them to settle the outstanding debt but to no avail.

"Instead of paying the bill, the MMD opted to engage Messrs Hobday Kabwe and Company to receive correspondences on their behalf that have equally not facilitated settlement of the said sum.

Andeleki said the effect of the decision was to nullify 53 seats in Parliament held by members of the party.

"I shall in view of this decision be informing the National Assembly Dr Patrick Matibini to take note of this development. Further I wish to send a strong warning to erring registered organisations, churches, non-governmental organisations, political parties and other organisations to be legally compliant," said Andeleki.

But the MMD National Executive Council (NEC), whose members were locked up in a meeting at the time of the announcement, vowed that the party would contest the matter.

Nyangu has since written to the Inspector General of Police informing her of the MMD's intention to hold a peaceful countrywide demonstration on Saturday.
He stated in a letter yesterday that the protest was against the decision by the Registrar of Societies to deregister the MMD.

And MMD elections chairperson Gabriel Numulambe said that the party's legal team was studying the matter and that necessary action would be taken.

Most members said the de-registration was illegal and that Andeleki had no powers to nullify parliamentary seats.

Briefing the press at Lusaka's Golf view Hotel yesterday, Siliya said the decision to de-register the party was politically motivated.

"The MMD as you are aware were having the usual NEC meeting, but first on the agenda today and the statement I want to give to the press is that we have been informed today that the Registrar of Societies has de-registered the MMD, citing among other things that the MMD owes close to K400 million. What we want to put on record is that this really is just a political move and it is very saddening that a government official wants to involve themselves in politics and they want to assault democracy in this country by attempting to de-register a big opposition party such as the MMD," she said.

Siliya claimed that there had not been any correspondence between the party secretariat and the Registrar of Societies over the non-payment of K400 million.

"Our records show that as recent as January 13th this year, we paid our statutory obligations. We have the official receipts. So it is very saddening that a government official in the Registrar of Societies wants to assault democracy in this country and go out of his mandate and state that he has nullified the 53 seats that belong to the MMD?" she asked.

Siliya however said the party would seek judicial review over the matter.

"It is a very sad day for Zambia indeed and of course we have taken steps immediately. Our team of lawyers being led by our legal chairperson in the NEC, honourable George Kunda will be filing documents in the courts to ensure that we have the judicial review of this decision which is unprecedented and I believe that it is very shameful to every Zambian that would like to see the growth of democracy in this country, because for democracy to continue to flourish, there must be checks and balances provided to the PF government," she said.

Siliya said the MMD had always stood firm in providing checks and balances to the PF government.

"MMD has always stood ready after losing elections, appreciating that we participated in a game where there would be a winner and a loser and we lost and we have carried forward to be a reasonable opposition, so that we can speak on behalf of the Zambians and provide the checks and balances to the PF government. Truly we are extremely disappointed with the Registrar of Societies because we have no knowledge of some of the issues he had raised. In fact our secretariat kept receiving phone calls from the media that the Registrar of Societies was threatening to de-register MMD," she said.

And Siliya said the MMD would not appeal to the High Court the nullification of the Livingstone Central parliamentary seat.

"The seat where we believe we have able member of parliament honourable Richard Taima and the party together with honourable Taima has made a decision that we are going to appeal this seat. However for the seat in Livingstone, our strategic decision is that actually we should participate in a by-election and we are currently looking for the candidate," she said.

Siliya said the opportunity for the gentleman that just lost had ended and that his support and loyalty to the party was in question.

"And it was for that reason that the party believes and feels that we wish to go for a by-election and we feel very good about the Livingstone seat," said Siliya.

And Changala of Kabwata area claimed that as a civil servant Andeleki was not supposed to make political pronouncements.

"I want to know when he was appointed Registrar. When did he become the Registrar? Where was he before he became the Registrar? Is he the same Andeleki who used to appear before the court of law and as a lawyer when he was a law student? Has he ever worked for NIPA? I am asking those questions. It is the question of credibility. I am asking the credibility of the registrar. If he can clear his name, is he the same one who forged a letter on a headed paper at State House purporting to have been written by late president Levy Mwanawasa in 2006? Is he the same one who was arrested with President Michael Sata?" he asked.

Changala said the deregistration of the MMD was a big blow to democracy.

"It is a blow to democracy and a serious one because this is historic. It has never happened. It is the first time I hear a civil servant addressing a press conference to make major pronouncements, pushing aside the Minister of Home Affairs and all those that are related to his functions. Because the Registrar of Societies is a portfolio under the home affairs directly connected to Cabinet Office. What he has done as a civil servant has got a political tone," said Changala.

And Pastor Nevers Mumba says the action by the PF government to de-register the MMD was an attempt to turn the country into a one-party state.

Pastor Mumba, who is one of the MMD presidential candidates, told journalists yesterday that it had become clear that the PF had embarked on disabling the opposition parties so that Zambia could attain a mono-kind of political system.

"I need to confirm that if they intend to fire democracy with immediate effect, it is not going to work. The Zambian people can't entertain a mono-kind of political system," he said.

Pastor Mumba said even lack of non-payment of statutory obligations by the party could not warrant such an action.

"We are aware that this government has continued to distabilise families, fire people. This is embarrassing to the PF government and paints a bad picture to the international community."

Pastor Mumba said he was aware of the PF's manoeuvres to disable the opposition political parties with a view of creating a one-party state.

Labels: CORRUPTION, DORA SILIYA, MMD, NEVERS MUMBA, PARTIES

posted by MrK @ 5:35 PM