The Patriotic Front has asked the Lusaka High Court to throw out a case in which Chishimba Kambwili is challenging his expulsion from the ruling party saying it is full of irregularities.
Last month, the party central committee expelled Kambwili from PF for gross indiscipline which decision he contested in the Lusaka High Court.
But PF Secretary General Davies Mwila wants the matter to be struck out on account of irregularities as the case comes up for interparte hearing on September 21, 2017 before High Court Petronella Ngulube.
Mwila, who is being represented by Eric Silwamba, wants the court to determine whether a constitutional challenge such as an expulsion from a political party can competently be commenced by writ of summons and statement of claim.
According to a notice of motion to raise issues, Mwila said Kambwili’s writ of summons was irregular.
“The Writ of Summons is irregular as the Plaintiff has sued by a Country Advocate who has not added the name or firm and place of business and electronic mail address of the agent which is not more than ten kilometers from the Principal Registry at Lusaka,” read the notice.
“The purported Writ of Summons is not duly endorsed with the Plaintiff’s full addresses i.e. physical, postal and electronic address in terms of the amended High Court Rules as only the Plaintiff’s Principal Advocate’s address has been furnished.”
Mwila said this was enough for the court to set aside the case as no prejudice would be occasioned to Kambwili as it would also serve the interest of justice.
In this case, Kambwili is seeking a declaration order that his expulsion was illegal, wrongful, null and void.
He also wants the court to declare that his rights under the PF constitution were infringed by not giving him a chance to be heard.
Kambwili further wants an order that the PF central committee cannot be complainant, accuser and judge in its own case against him.