MMD deputy national secretary Gregory Mofu has submitted to the Lusaka High Court that nominated member of parliament Raphael Nakacinda is not a genuine MMD member, adding that the latter is in fact an agent of the PF.
And Mofu has further submitted that Nakacinda was duly expelled from the party in accordance with the provisions of the MMD constitution.
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.
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 the MMD was illegal by reason of procedural impropriety and absolute defiance of the established rules of natural justice.
However, according to an affidavit in opposition to summons for an order of interim injunction filed recently, Mofu argued that Nakacinda was duly expelled in accordance with the provisions of the party constitution, and that by articles 52 (2) and 19 (n) of the said constitution, the MMD NEC had powers to take disciplinary remedies.
He added that it was, therefore, evident that there were no grounds upon which an injunction as sought by Nakacinda could be entertained.
Mofu stated that the issue relating to Nakacinda’s expulsion was even debated in Parliament on June 27, 2020, and that it was a matter of public record that the Speaker ruled that Nakacinda does not sit as an MMD member, but rather as a PF nominee.
“The plaintiff (Nakacinda) having been suspended and subsequently expelled is not a genuine MMD member as [he] is in fact an agent of the Patriotic Front whose sole purpose has been to destabilize the MMD,” he stated.
Mofu stated that Nakacinda had refused to accept the judgement of the High Court dated November 5, 2019, under cause No. 2016/HP/0989 and still holds illegal meetings where he purports to still be MMD national secretary.
He charged that the behaviour only confirmed the fact that Nakacinda was very indisciplined, and that the MMD as a party had no interest in continuing petty squabbles with him, hence the expulsion.
Mofu submitted that Nakacinda had deliberately omitted pertinent facts necessary to be brought to the court’s attention in order for it to make a reasoned decision in the matter.
He stated that Nakacinda was suspended from the MMD as far back as February 22, 2016, and continued to be suspended, having at no point challenged his suspension, until his expulsion on June 22, 2020.
Mofu stated that despite being suspended and, therefore, having no powers, authority or rights to carry out any responsibilities, Nakacinda, along with other expelled and suspended members, proceeded to organise an illegal convention, contrary to the MMD constitution.
He stated that Nakacinda’s illegal actions, among other expelled and suspended members of the MMD, resulted in the commencement of a matter under cause No. 2016/HP/0989, in which the Court confirmed in its judgement that Nakacinda was in fact a suspended member of the party.
“By judgement dated November 5, 2019, the Honourable Justice Sharon Newa held that the plaintiff (Nakacinda), together with Mr Felix Mutati, Mr Mwansa Mbulakulima and Mr George Kangwa (co-defendants under the above cited cause number), had no power to call convention and address any meeting or convention of the party and further ordered that the Registrar of Societies rectify the register of office holders of the MMD forthwith to those before the convention was held,” Mofu stated.
“The said judgement further confirms that the plaintiff was in fact a suspended member of the party and could not enjoy rights of membership to it.”
Mofu stated that contrary to Nakacinda’s assertion, he (Nakacinda) was duly charged by letter dated November 19, 2019, which letter he deliberately chose not to act upon having been called and advised of the disciplinary proceedings.
He added that Nakacinda was given every opportunity to be heard, but neglected or refused to attend before the disciplinary committee.
Mofu stated that as was duly deliberated by Justice Newa, Nakacinda as suspended member of the MMD, and more so now that he was expelled, had no locus standi to seek an injunction or purport to assert any rights as member of the MMD.
“In any event, the expulsion has already occurred and this Honourable Court cannot reverse what has already happened as was the case in the matter commenced by Felix Mutati under cause No. 2016/HP/0388 resulting in the ruling of Honourable Justice Chanda dated March 22, 2016,” he stated.
Mofu stated that this was not fit and proper case for the Court to grant order or interim injunction.
Nakacinda had stated in his statement of claim that 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, insubordination and disregard for the party leadership, among others.
He stated that Chitika accused him of holding meetings in Lusaka, Chipata, Luangwa and other places around the country and that he continued to bring the name of the MMD party into disrepute and slander, thereby, injuring the party’s name and abrogating sections of the MMD constitution.
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 leveled against him by the defendant.