Maravi

MMD women threaten to strip over de-registration

MMD women threaten to strip over de-registration
By Kombe Chimpinde, Allan Mulenga and Speedwell Mupuchi
Fri 16 Mar. 2012, 11:59 CAT

THE MMD Women's League has threatened to strip naked tomorrow in protest against the de-registration of their party. And Clement Andeleki has insisted that the de-registration of the MMD is not politically engineered.

But MMD national treasurer Mwansa Mbulakulima says that the MMD has documented evidence indicating that it has never defaulted on remitting its annual returns and change of office bearers' subscription.

And Brigadier General Godfrey Miyanda says President Michael Sata should dissolve Parliament and call for fresh general elections if the MMD remains de-registered.

Speaking at a briefing in Lusaka, an emotionally charged MMD women's affairs chairperson Catherine Namugala, who was flanked by several women clad in party regalia accused the PF of attempting to obliterate opposition political parties.

"We do not want our country to go back into a one-party state. We refuse that. We will not allow the country that belongs to our children, the future generations to go back to a one-party state," Namugala charged.

"We will not allow the Patriotic Front government to undermine our hard-earned democracy, to use state machinery to obliterate the opposition because we know the opposition is good for good governance."

Namugala said that the opposition MMD was needed to keep the PF government in check.

"And only a strong opposition can do that. The power that PF has assumed should not be used to obliterate the opposition, but to improve the livelihood of our people," Namugala said.

"We, therefore, call on our President to immediately reinstate the registration of MMD as a political party," she said.

And in an interview yesterday, Andeleki, who is Chief Registrar of Societies, said he would leave it to the Zambian people and the courts of law to judge him.

"I would leave that to the Zambia people. My job is to collect revenue on behalf of the Zambian government and what I have always said is that I would engage any erring society, asking for the said money to be paid. That is what I would do and I will continue to do that. That is exactly what I have done to the MMD, I am a revenue collector, I am a law enforcement officer," he said.

Andeleki urged the public to study what was contained in the Societies Act Chapter 119 of the Laws of Zambia.

"What I can say is that as Chief Registrar of Societies, the Act is very clear. You must look at the Act, the problem we have here in Zambia is that people debate things that they don't understand. They are accusing the President that he has directed me. If you are very keen journalist you will understand that I first wrote to the MMD and they wrote back to us," he said.

Andeleki said the MMD only paid for one branch out of 43 countrywide.

"I don't fight with them MMD, then I replied to our colleagues and I attached the documents because if somebody says we didn't receive you have to write back. I attached the bill to that gentleman. They have 43 registered, they have only been able to pay for one which is their headquarters," he said.

Andeleki said he would not want to been arguing with the MMD in the media, saying that if the party felt aggrieved it should seek legal recourse as provided for by the law.

"I would encourage them to seek the remedy of the law because we also have all the documents showing that the MMD is indebted and they have only been able to pay for one branch and have not paid for the other branches. The law requires that they should pay for particular branches," said Andeleki.

But Mbulakulima yesterday at a briefing at the party's secretariat challenged the Registrar of Societies to show the nation proof that it had failed to comply.

"We want to clarify the issue of payments so that we know who is telling the truth and put this matter to rest," said Mbulakulima as he handed receipts dating as far back as 1993 to 2012 to journalists.

"We have physical receipts here. We want to demonstrate that there has not been any default whatsoever by the party."

Mbulakulima who was flanked by election chairperson Gabriel Namulambe and party spokesperson Dora Siliya also assured members across the country to remain calm and that the party was intact.

And Namulambe said that Andeleki did not have the constitutional mandate to nullify parliamentary seats as earlier suggested.

And Siliya described Andeleki as a treacherous individual.

In a statement yesterday, Brig Gen Miyanda stated that the de-registration of MMD had raised constitutional and legal questions beyond the registrar's mandate.

He stated that although the Registrar of Societies had the discretion to de-register a political party and that he was within his jurisdiction to de-register the MMD if they have not been paying their due statutory fees, he does not agree that he had the power to nullify a parliamentary seat as he declared.

"...We believe that the Registrar has only succeeded in creating an undesirable constitutional crisis in a democratic state as Zambia. The crisis I see is that there may not be any by-elections to be held as several people have been suggesting. It seems that under the current Constitution (Articles 65 and 71) there are only three circumstances under which a by-election may be held, namely through the death of an elected member of parliament, through a resignation or when a member crosses the floor by joining a different party from the one that sponsored him or her or by an independent MP joining a political party," he stated.

"Apparently there is no provision for a by-election following de-registration, in which case we could have a constitutional crisis as the National Assembly is already elected and formed. The quorum of the National Assembly is one third of the total number of MPs. At the current count, the MMD holds slightly over one third of the elected MPs. Even if we include the eight nominated MPs, the scenario remains the same. It means that the National Assembly cannot hold any credible sessions and pass legislation in such a situation unless the PF is scheming to create a de facto one party system and their actions so far seem to confirm this."

Brig Gen Miyanda stated that Andeleki had already made his decision and the ball was squarely in the PF's court.

"If MMD remains de-registered, then the President must dissolve parliament and call for fresh presidential and parliamentary elections. But of what benefit will this be other than to satisfy the PF's desire to increase their numbers in Parliament?" he wondered.

Brig Gen Miyanda also wondered whether a mere department of government could have the power to abridge or take away guaranteed fundamental rights of assembly and association.

"In this case, there are no proper grounds for such a draconian step other than a failure to pay statutory fees. For example, could a limited company be de-listed for failing to pay tax? I urge the government to rescind this decision by the Registrar of Societies without waiting for an appeal. The Registrar has carried out his perceived mandate but the government must not pass the buck because of the serious constitutional issues that have arisen or will arise," stated Brig Gen Miyanda.

Labels: CATHERINE NAMUGALA, DEMONSTRATION, GABRIEL NAMULAMBE, GODFREY MIYANDA, MMD, MWANSA MBULAKULIMA

posted by MrK @ 5:26 PM