By PERPETUAL SICHIKWENKWE –

LAWEYER representing three United Party for National Development (UPND) Members of Parliament serving in Government has asked the Lusaka High Court to throw out an action by the party challenging President Michael Sata’s decision to appoint opposition MPs to ministerial positions.
Abraham Mwansa has contended that the action by UPND secretary general Winston Chibwe was a sheer waste of the court’s time and duplication of court actions because there were other matters on the same subject in other courts.
This is in a matter in which Mr Chibwe has on behalf of UPND petitioned the Attorney General, Deputy Agriculture Minister Greford Monde, Commerce Deputy Minister Richwell Siamunene and Sports Deputy Minister Poniso Njeulu over the MPs’ appointment into Government.
But Mr Mwansa in raising of preliminary issues, asked Judge Chalwe Mchenga to determine whether Mr Chibwe and his party could start a fresh action against the ministers when UPND MPs had subsisting and active causes of actions against the UPND before the High and Supreme courts.
These are court actions in which Mr Monde, Mr Siamunene and Mr Njeulu have challenged the decision of UPND to expel them from the party after they were appointed to serve in the PF Government.
The actions are pending judgments in the high court and supreme courts.
Mr Mwansa also wanted the court to determine whether Mr Chibwe and UPND had any cause of action against Mr Monde, Mr Siamunene and Mr Njeulu since the opposition political party had since suspended the three from the party.
He said in his affidavit in support of notice of intention to raise preliminary issues that the subject matter raised by UPND formed the subject matter of other causes of actions which matters were before the High court and Supreme Court.
Mr Mwansa said that the matters were yet to be determined and as such, UPND could not start another cause similar to the issues that were already in court.
Mr Mwansa said that the action by UPND was therefore misconceived, unnecessary and or an abuse of the process of the court and should not be entertained.
He said the action by UPND was wrongly started and flies in the teeth of the provisions of the law as such it should be dismissed forthwith as against Mr Monde, Mr Siamunene and Mr Njeulu with costs.
But UPND deputy secretary general Kuchunga Simusamba objected, saying if anything, it was Mr Monde, Mr Siamunene and Mr Njeulu’s actions that should be dismissed because they were filed after UPND had already petitioned.
Mr Simusamba submitted no fresh actions that had been started as claimed by the three but that the court should go ahead because the matters were in no way related.