Thursday, June 07, 2012

PF seeks to block MMD from polls

PF seeks to block MMD from polls
By Namatama Mundia
Thu 07 June 2012, 13:23 CAT

A PF member has filed an injunction restraining MMD candidates from filing nominations for the forthcoming Muchinga and Chama North by-elections following the de-registration of the party by the Registrar of Societies two months ago. And Lusaka High Court judge-in-charge Jane Kabuka has set tomorrow as the date for hearing in the matter.

In a statement of claim filed in the Lusaka High Court yesterday, Maureen Chinkalanga Sense of House No. 1002 Matero compound in Lusaka sued MMD national secretary Major Richard Kachingwe and the Electoral Commission of Zambia (ECZ) as first and second defendants respectively.

Sense asked the court to restrain the first and second defendants whether by themselves or through their agents or servants from filing, sponsoring or allowing candidates of MMD to file nominations for Muchinga and Chama North constituencies.

She also wants the court to order that MMD is an illegal organisation and award any other relief the court may deem fit plus costs.

Sense, who is being represented by Chola Chama Legal Practitioners, averred that the Registrar of Societies on March 14, 2012 cancelled the registration of MMD because of the breach of the statutory society's rules and caused the notification of such cancellation of registration to be made public.

Judge Kabuka has since set June 26, 2012 as the date for judgment in the MMD de-registration case.

Sense also said cancellation of the registration of the defendant means that the MMD had ceased to be a lawful political party in Zambia and could not sponsor any candidates for an election.

She said she had irrefutable evidence to the effect that despite MMD's de-registration and illegal status, the party was in the process of sponsoring candidates to contest the Muchinga and Chama North by-elections which elections were to be conducted and managed by ECZ.

Sense further said she had sufficient interest in the matter as a citizen and the rest of the Zambian public would suffer irreparable damage if MMD in its current illegal status was allowed to file nominations for the two by-elections.

In her affidavit in support of summons for interim order of injunction, Sense said she had been advised by her lawyer and verily believed that the said cancellation of registration of MMD of the defendant meant that it ceased to be a lawful political party in Zambia and could not sponsor any candidates for any election.

ECZ set today as nominations dates while the by-elections are scheduled to take place on July 5.


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