NOMINATED member of parliament Raphael Nakacinda has sued the Movement for Multi-Party Democracy (MMD) in the Lusaka High Court, seeking a declaration that his purported expulsion from the party is invalid and void.

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

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.

In a statement of claim filed in the Lusaka High Court, Thursday, Nakacinda explained he was informed by Chitika in a letter dated June 22, 2020, that he had been expelled from the party on alleged grounds of arrogance, insurbordination and disregard for the party leadership among others.

“The defendant did indicate in their aforementioned letter that they were unable to serve on the plaintiff (Nakacinda) a letter requesting him to attend a disciplinary hearing on November 15, 2019. Based on an exculpatory letter rendered the plaintiff sometime in 2016 and by their own admission, proceeded to consider their failure to notify the plaintiff of the then pending disciplinary hearing to amount to arrogance, insubordination and disregard for the party leadership,” read the claim.

Nakacinda stated that Chitika accused him of holding meetings in Lusaka, Chipata, Luangwa and other places in the country and that he continued to bring the name of the MMD party into disrepute and slander thereby injuring the name of the party and abrogating sections of the MMD constitution.

He added that he was further alleged to have failed to adhere to the conditions of his suspension restraining him, his agents and servants from having any dealings and contacts whatsoever with party structures during the period of his suspension.

“The defendant states in the said letter, that through it’s National Executive Committee (NEC), using their supposed inherent powers purported to be vested in them by Article 52(2) and 19 (N) of the MMD party constitution, resolved to expel the plaintiff from the party with immediate effect from June 20, 2020,” read the claim further.

Nakacinda stated that he was neither formally charged on any of the grounds alleged in the letter nor was he ever given an opportunity to be heard on the allegations levelled against him by the defendant.

He stated that he only became aware of the purported alleged offences against him on June 22, 2020, the date he was informed of his wrongful purported expulsion from MMD.

Nakacinda further stated that the allegations levelled against him were never communicated to him prior to his wrongful purported expulsion from the party.

He added that no formal charge of any purported misconduct was ever preferred against him or if preferred, the same was not communicated to him prior to his wrongful purported expulsion from the party.

Nakachinda stated that as a result, he had suffered loss, damage and inconvenience.