THE Ndola High Court has granted NDC secretary general Bridget Atanga an ex-parte order of interim injunction restraining embattled party founder Chishimba Kambwili from masquerading as its president or purporting to make any decision in the party’s name.
This is according to an ex-parte order of interim injunction signed by Ndola High Court Judge Mary Mulanda on March 23, this year.
Meanwhile, the court has set April 9, this year, for inter-parte hearing.
“Upon hearing hearing counsel for the plaintiff (Atanga) and upon reading the affidavit filed in support of the application and the plaintiff by her counsel undertaking to abide by any order the Court may make as to damages in case the court should hereafter be of the opinion that the defendant (Kambwili) shall have sustained any by reason of this order, which the plaintiff ought to pay, it is hereby ordered and directed that the defendant whether by himself or his servants or agents or otherwise be and is hereby restrained from masquerading as president of NDC party or purporting to transact any business of the party or purporting to make any decision or take any steps or actions whatsoever in the name of or on behalf of NDC until full determination of the matter or until further order of the court,” read the ex-parte order.
According to the order, Kambwili had also been warned that in the event that he elects to disobey the order, he shall be cited for contempt and committed to prison for breach of the order.
According to a statement of claim filed in the Ndola High Court on March 23, 2021, Atanga had argued that Kambwili ceased to hold the temporary position of NDC president on February 24, this year, and, therefore, had no legal mandate or locus standi to transact any business of the party, including suspending any member.
Atanga is, therefore, seeking a declaration that the gathering held by Kambwili and his cohorts on February 27, this year, is null and void and, therefore, of no effect for having been convened and held in the absence of any party constitutional provision.
She further wants, among others, declaration that having ceased to hold temporary position of interim president of the NDC and not being among the list of office bearers with the Registrar of Societies, Kambwili has no mandate to transact any business of the party.
Earlier this month, Atanga also sued Kambwili in the Lusaka High Court seeking similar reliefs.