At least grant me an injunction otherwise Ng’ona will expell me, Mundubile pleads with court
SUPPLANTED leader of the opposition in parliament Brian Mundubile yesterday pleaded with the Lusaka High Court to place a caveat on his removal from his position by issuing a restraining order to PF secretary Morgan Ng’ona, stopping him from changing party structures.
Mundubile who is Mporokoso constituency member of parliament lamented that he is likely to lose his seat in the National Assembly if Ng’ona’s powers are not limited as he is at the verge of being expelled from the party.
In this matter Mundubile is contesting the election of Miles Sampa as PF president in the Lusaka High Court.
Mundubile has Raphael Nakacinda, Sampa, the Registrar of Societies as respondents in the matter.
He is seeking a declaration that the convention held on behalf of the PF declaring Sampa as the president of the party is null and void.
Mundubile wants a declaration that Sampa’s decision to appoint Ng’ona as secretary general of PF is null and void.
He wants the Court to decree that all decisions, orders, statements and correspondence issued by Sampa and his secretary general on behalf of the party are illegal.
Mundubile is further seeking an order stopping Sampa and Ng’ona from executing their duties in the name of the party.
In his statement of claim Mundubile said Article 52(2) of the PF constitution provides that a candidate interested in contesting as party president must indicate his interest to the secretary general of the party.
He said the PF constitution requires that for a general conference to be held, the central committee must summon such a meeting as required by article 58(k) of the PF constitution.
The lawmaker said the national chairman is mandated to preside over all meetings of the party which include the general conference in line with Article 55(c) of the party constitution.
“There was no electoral commission appointed in accordance with article 64 and 65 of the party as there was non compliance with Regulation 67 and 68 of the party Constitution which requires that such meeting shall be called by the central committee,”said Mundubile.
When the matter came up for inter-party hearing Sampa’s lawyers indicated that they could not proceed with hearing as they were not served the documents on time.
Jean Madaika said he could not respond to the claims and oppose the application for an injunction due to time.
Mundubile’s lawyer Patrick Chulu said there was no breach in serving the documents and objected to Madaika’s application for an adjournment as the matter was urgent.
“The major risk in this matter is that if Mundubile is expelled from the PF, he will lose his seat and this matter will be rendered an academic exercise,” Chulu said.
“It is in public domain that as of today the plaintiff has been removed as a leader of opposition in Parliment because of the letter that Ng’ona wrote to Parliament.”
Chulu begged judge Charles Zulu to sign the ex-parte order if he allowed an adjournment so that Mundubile continues shouting ’yayaya’ in parliament pending determination of his case.
Judge Zulu ordered the parties to file necessary documentation by today and scheduled hearing at 17:00 hours.
