Maravi

Masumba takes MMD to court over expulsion

Masumba takes MMD to court over expulsion
By Mwala Kalaluka and Akende M'membe
Wed 01 Aug. 2012, 10:20 CAT

MUFUMBWE member of parliament Steven Masumba has sought an injunction in the Lusaka High Court against the MMD's decision to expel him following his appointment as local government deputy minister by President Michael Sata.

And Masumba has also filed a notice of urgency in the mater following what he describes as the MMD's hasty threats to actualise his being hounded out from the opposition party.

This is in a matter allocated to Lusaka High Court judge Chalwe Mchenga, involving Masumba, as the plaintiff and MMD national secretary Maj Richard Kachingwe, as the defendant on behalf of the former ruling party.

According to documents filed in the Lusaka High Court principal registry by Masumba's lawyer, Mutakela Lisimba on Monday, Masumba asked the Court to declare that his expulsion from the MMD was malicious and without regard to the rules of natural justice.

Masumba stated in his claim that the MMD had on several occasions threatened all its members serving in the government to quit or face expulsion.

He said his lawyer called him on July 27, 2012 whilst he was in Mufumbwe to inform him of stories in the Zambia Daily Mail and the Times of Zambia which were reporting on his expulsion.

"That the reason, I hear, for the expulsion is that I accepted an appointment to serve in the government of the PF," Masumba said. "The action by the defendant and the MMD is unfair…the action by the defendant has offended my constitutional right to participate in governance issues and freedom of association and conscience."

He submitted that unless the MMD was stopped from further infringing these rights or acting in a manner inimical to the constitution, the laws of the country would not be respected.

"The loss I may suffer can't be atoned for in damages," he said.

Masumba said he had been contributing towards national development by his participation in the ruling party government structure.

"The MMD constitution does not prohibit anyone to serve in government not controlled by the party," he submitted. "The plaintiff was not heard at any disciplinary hearing to determine the merit or de-merits of his position."

Masumba argues that unknown to him, a decision was passed to expel him for doing what was permitted by the national constitution.

"The decision to expel…was only seen in the national public media and such decision was never personally communicated to the plaintiff," he said. "The decision and action by the MMD through its secretary general is malicious and without due regard to the rules of natural justice."

Masumba in his claim prayed to judge Mchenga to order that the alleged dismissal or expulsion from the MMD was null and void, ultra vires the Republican Constitution and an order of injunction restraining the MMD from any further action against him until the determination of this matter.

"I now crave the indulgence of this court to grant me an injunction restraining the defendants from furthering their unlawful intentions to expel me," said Masumba. "I am challenging the legality of the purported expulsion, if any at all."

Labels: MMD

posted by MrK @ 2:25 PM