The Lusaka High Court has refused to grant Raphael Nakacinda and another a stay of execution of its judgment which declared Nevers Mumba as the legitimate president of MMD pending determination of their appeal.

High Court judge Sharon Newa noted that the register of office bearers of the MMD had already been rectified following the judgment and no stay could be granted where execution had been done.

Earlier this month, justice Newa said the convention held in 2016 which elected Felix Mutati, Nakacinda and others as office bearers was null and void.

She further ordered the Registrar of Societies to immediately rectify the register of office holders of MMD to those before the 2016 convention was held.

Justice Newa ruled that Mutati, having been expelled from the party, although irregularly, but as he had not challenged that expulsion, was not eligible to stand as president of the party in line with Article 39(1) of the party constitution, which provides that a person who is not a member of the party shall not be elected as its president.

She further ruled that Nakacinda and others, being persons who had been suspended, had no right to convene, attend or participate in the convention as their rights as members of the MMD were on hold.

Following the judgment, Nakacinda and George Kangwa appealed to the Court of Appeal against the entire judgment of the Lusaka High Court.

The two also applied for a stay of execution of the judgment in the Lusaka High Court, as they await determination of their appeal.

Nakacinda and Kangwa cited MMD acting National Secretary for the Nevers Mumba’s faction, Winnie Zaloumis as the respondent in the matter.

But judge Newa in her ruling, Monday, declined to stay the execution of her judgment stating that there was nothing to stay as the portion of the judgment that was enforceable had been executed.

She stated that the order with regard to the status of Nakacinda and Kangwa in MMD was not capable of being stayed as it could only be remedied in appeal because it relates to the internal disciplinary issues of the party.

Justice Newa added that if she was to stay them, it would amount to a reversal of her own judgment.

She noted that the lawyer for Nakacinda and Kangwa stated that the portion of the judgment that could be enforced was the directive to the Registrar of Societies to change the list of office bearers of the party to those before the convention was held.

Justice Newa, however, stated that the order had already been enforced on November 8 this year before the appeal and stay of execution were filed on November 11 and therefore, where execution had been done, there could be no stay.

“The stay of execution of that order cannot be stayed, having been perfected and the application for stay of execution on the ground will fail. I have already stated that staying execution of the finding relating to the status of the defendants in the MMD would amount to a reversal of my own decision and not enforcement. It therefore cannot be granted and it fails,” ruled justice Newa who further granted the applicants leave to appeal.