By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court has dismissed with costs the matter in which MMD leader Nevers Mumba had contested his suspension from the party.
The court has also dismissed an application by Dr Mumba to institute contempt of court proceedings against MMD national secretary Muhabi Lungu and his deputy Chembe Nyangu.
Judge Chalwe Mchenga discharged the ex-parte injunction granted to Dr Mumba on November 25, 2014, saying that he should have been more definite on what he wanted the MMD national secretary to be stopped from doing.
This means that Dr Mumba has to stop the presidential campaigns he had embarked on after Mr Justice Mchenga restrained the party from suspending him.
It also gives the green light to former president Rupiah Banda to go ahead to contest the January 20, 2015 presidential election on the MMD ticket.
Mr Justice Mchenga said Dr Mumba should have indicated whether the interlocutory injunction he was seeking related to the disciplinary proceedings against him or the party’s presidential campaign.
The judge failed to find the parameter of an injunction that stops Mr Lungu or his agents from interfering with the smooth running of the office and functions of the party president by Dr Mumba.
Mr Justice Mchenga further said in the absence of particulars of the mischief Dr Mumba was seeking to forestall during the subsistence of the injunction, he was not in a position to inform Mr Lungu in definite terms what he was precluded from doing.
“Consequently, the interim injunction granted to the plaintiff on 25th November 2014 is discharged with costs,” Mr Justice Mchenga said.
Dr Mumba had applied for an interlocutory injunction to restrain the MMD national executive committee (NEC) through Mr Lungu from interfering with his smooth running of the secretariat and functions of the party president.
This followed Dr Mumba’s suspension as MMD president after he protested the NEC’s decision to adopt Mr Banda as the MMD candidate in next year’s presidential election.
Dr Mumba had also sought leave to apply for judicial review to commence contempt proceedings against Mr Lungu and Mr Nyangu after he accused them of issuing an adoption certificate to Mr Banda to contest the presidential election on the MMD ticket.
He also accused the duo of painting the MMD secretariat in Kabulonga from the officially rebranded colours without his consent as party president.
He had told the court in his affidavit in support of ex-parte summons for leave to commence contempt of court proceedings that the two turned the secretariat into the office of Mr Banda without his authority.
Dr Mumba further told the court that Mr Lungu and Mr Nyangu refused to convene a meeting he dully called in his capacity as MMD president, and the two further refused to avail him the party’s latest bank statement.
Dr Mumba had also complained to the court that Mr Lungu and Mr Nyangu organised a public rally for Mr Banda and interfered in his work as party president.
He was the current president of the MMD and that on November 25, 2014 the court granted him an injunction restraining Mr Lungu and his agents from interfering with his right to perform the functions of being party president until further determination of the matter.
But Judge Mchenga dismissed Dr Mumba’s request on grounds that it was not specific on what he was seeking from the court.