Estranged NDC secretary general Mwenya Musenge, who was dropped from his position by Chishimba Kambwili, has sued the latter in the Lusaka High Court, seeking an injunction restraining the former Roan member of parliament from portraying himself as party president.
On April 18, 2019, a press briefing was held where Kambwili announced that he had officially accepted to lead NDC.
He also announced that Musenge had been dropped from the position of secretary general and instead appointed as member of the central committee in charge of chiefs and traditional affairs.
Kambwili appointed Bridget Atanga as Musenge’s replacement.
But Musenge, who has also sued Atanga as second defendant, is further seeking an order nullifying all appointments that were made on April 18, as well as, an order recognizing him as the rightful secretary general of the party.
In a statement of claim filed in the Lusaka High Court Principal Registry, May 3, stated that without any authority or consent from him, the defendants held an illegal party meeting on April 18, contrary to the party constitution where Kambwili imposed himself as party president.
“Musenge will aver at trial that Kambwili imposed himself as the party president to which extent he held an extra-ordinary national governing committee meeting of the party,” read the statement of claim.
Musenge further claimed that the said meeting only had 22 people in attendance, which was not in conformity with article 18 (3) of the party constitution that stipulated that all members of the national governing committee must be in attendance.
“The defendants held a meeting that did not have up to 1,000 delegates from each province in attendance, including the party secretary general. The said meeting was called by the deputy secretary general who did not have the consent from the plaintiff,” read the statement of claim further.
He stated that the meeting was illegal, adding that Kambwili acted outside the scope of the consultancy duties when he made appointments during the said meeting, and also expelled him as SG of the party.
Musenge claimed that Kambwili’s appointments were null and void because he was not the party president and that the powers to make appointments do not vest with him.
He is now claiming an order nullifying the proceedings of the said meeting for being illegal and an order nullifying all the appointments that were made.
Musenge is further seeking an order recognizing him as the rightful secretary general of NDC, an injunction restraining Kambwili from portraying himself as president of the party and making decisions or actions of the president, costs and any other relief the court may deem fit.