Nevers Mumba and Felix Mutati teams fight it out in Court

Lusaka High Court judge Sharon Newa has reserved ruling to Thursday on whether the acting Secretary General for the MMD faction led by Dr Nevers Mumba Winnie Zaloumis can challenge the election of Felix Mutati when her tenure of office expired in 2016.

This was the Mutati led faction raised a preliminary issue arguing that Ms Zaloumis cannot prosecute the matter on behalf of the Dr Mumba group because she is not a Secretary General as her tenure of office expired in 2016.

This is in the matter in which Ms Zaloumis in her capacity as acting Secretary General for the MMD faction led by Dr Mumba dragged president Mutati for the other MMD faction, Raphael Nakacinda, Mwansa Mbulakulima and George Kangwa to the Lusaka High Court challenging the legality of their convention that was held and their election as New leaders of the MMD.

But in Responding to the preliminary issue raised by the Mutati group, Dr Mumba’s lawyers J. Madakai and Mulambo Haimbe they have contended that that the court should not entertain to such issues because the matter before court is matter in relation to the illegal convention which saw the election of Mr Mutati and not the issue in regards to the tenure of office of Ms Zaloumis.

The lawyers have further argued that the preliminary issue that has been raised is the same issue which was raised at the Supreme Court.

Justice Newa could not make her ruling but reserved it to Thursday 1 November, 2018.

In her statement of claim Ms Zaloumis wants the court to determine whether the Mutati group had authority to call for a party convention where Mr Mutati was elected as party president.

She further wants a declaration that the convention which saw the election of Mr Mutati was illegal.

Meanwhile, the MMD faction led by Mutati have abandoned their lawyer Eric Silwamba, Jalasi and Linyama Advocates.

However, the Mutati group have since retained Makebi Zulu Advocates as their new lawyers who raised the preliminary issue before court.

Source: Lusaka Times