NOMINATED member of parliament Raphael Nakacinda has maintained that his expulsion from the MMD was wrongful.

And Nakacinda has submitted to the Lusaka High Court that he has never been a member of the Patriotic Front, saying he has always been a loyal MMD party member.

He has further argued that his nomination as a member of parliament did not entail that he ceased being a member of the MMD party.

This is a matter in which Nakacinda has sued MMD in the Lusaka High Court, seeking a declaration that his purported expulsion from the party is invalid and void.

He also wants a declaration that his purported expulsion from MMD was illegal by reason of procedural impropriety and absolute defiance of the established rules of natural Justice.

Nakacinda who has sued Elizabeth Chitika in her capacity as MMD national secretary, also wants an order of interim injunction restraining Chitika either by herself or agents from continued interference with his membership in the MMD.

But in her defence, Chitika maintained that Nakacinda was properly expelled from the party, all due procedure having been followed.

Chitika is also counterclaiming a declaration that Nakacinda’s expulsion from the party is valid and according with the MMD constitution, and that he has no legal standing, right or authority from the party to continue holding himself out as a member or MMD national secretary.

She wants an order directing Nakacinda to cease and desist from holding any meeting or addressing any media house or any campaign or political forum under the guise of being an MMD member or as purported national secretary of the MMD.

Chitika is further counterclaiming among others, an order for an audit of the MMD accounts during the period Nakacinda illegally had control of the same and for restoration of all funds found to have been pillaged during the illegal tenure of Nakacinda as MMD national secretary.

In her counterclaim, Chitika claimed that during the period Nakacinda illegally occupied the MMD offices as national secretary from May 2016 until November 5, 2019, he used his access to the MMD accounts and assets, to pillage and misappropriate the MMD coffers and accounts and that he had hidden, gifted, personalized or sold over 150 MMD vehicles.

But in his reply to Chitika’s defence, Nakacinda maintained that his expulsion from the MMD party was wrongful.

He stated that his alleged suspension from the party was challenged by way of an exculpatory letter and further that, on May 22, 2016, the National Convention of MMD was held in Kabwe where it was resolved that all suspensions and expulsions prior to the convention be annulled.

Nakacinda added that the legitimacy of the said convention was still under litigation in the Court of Appeal of Zambia under cause number 99 of 2020.

“Furthermore, the plaintiff (Nakacinda) will at trial put the defendant (Chitika) to strict proof on how she inexplicably failed to inform him or indeed deliver to him the alleged suspension letter when the plaintiffs was in constant contact with Rev Sambo, who somehow with no difficulties whatsoever calls himself the vice president to Dr Nevers Mumba (MMD president) and that the said Rev Sambo is the one who hand delivered the purported expulsion letter of the plaintiff,” he stated.

Nakacinda further stated that he will at trial aver that Chitika did not accord him an opportunity to be heard on the fresh charges.

“The plaintiff will at trial aver that he has never been a member of the Patriotic Front party and has always been a loyal MMD party member and that his nomination as a member of parliament did not entail that he ceased being a member of the MMP party,” he stated.

In his defence to Chitika’s counterclaim, Nakacinda strongly denied Chitika’s allegations, stating that when he was in office as National Secretary of the MMD party, he was very professional in his dealings and everything was done above board.

He stated that the records at the secretariat would show and the reason there was dispute regarding the MMD party property was due to the fact Mumba and Chitika denied him to effect a smooth office handover but they instead opted to hound him out of office, without even affording him the opportunity collect his personal effects.

Nakacinda denied that Chitika was entitled to any of her claims or reliefs being claimed.