NATIONAL Restoration Party (NAREP) factions, led by Steven Nyirenda and Charles Maboshe, have agreed to withdraw and discontinue a leadership wrangle from the Lusaka High Court.
This is according to a consent to withdraw matter filed in court.
“By consent of the parties herein represented by their respective advocates, it is hereby agreed and ordered that this action under Cause No. 2020/hp/0799 and the counter-claim be and is hereby withdrawn and discontinued without liberty to restore,” read part of the consent order.
The parties have further agreed that there shall be no action arising from the facts already pleaded in the matter or incidental thereof.
In this matter, Nyirenda and three others sued Maboshe and other party members in the Lusaka High Court, seeking a confirmation and declaration that Nyirenda was duly elected as NAREP president.
Nyirenda and the others further wanted a declaration that the decision purportedly passed by the defendants that Nyirenda is no longer NAREP president be declared null and void, as well as, damages for breach of the party constitution.
Nyirenda, NAREP Secretary General Ezra Banda, the party vice president Mwelwa Ngosa and national chairperson Jimmy Mubambwe sued Maboshe, the party vice chairperson Ezra Ngulube and other party members, Maybin Kabwe, Frank Sichone, Evelyn Malongo, Susan Chipeta and Thomas Kayola, as defendants.
However, Maboshe and his group also counter-sued, seeing a declaration and order that Nyirenda was never duly elected as party president as he is ineligible to assume any elective position at any level of the party in accordance with their party constitution.
Maboshe and others were further counter-claiming among others, a declaration and order that the decision of the party’s National Executive Committee of August 15, 2020 to remove Nyirenda as party president was valid and in line with the provisions of the party constitution.
Lusaka High Court judge Wilfred Muma had earlier on granted Nyirenda and the other three plaintiffs an ex-parte order of interim injunction, restraining Maboshe and others from interfering with the administration, governance and use of the party secretariat.
Justice Muma further prohibited the defendants from issuing statements regarding the National Restoration Party and its leadership.
This was after Nyirenda and his faction applied for an order of interim injunction restraining the defendants or their agents from interfering with the party’s administration and governance and further, an order of injunction restraining the defendants or their agents from using the party secretariat premises.
But in a defence and counterclaim, Maboshe and others argued that Nyirenda had never been legally or constitutionally elected as president of the NAREP as he had at all materials been ineligible to ascend to the position of party president either through an election or appointment.
They had further stated that Maboshe was now the legally appointed acting president of NAREP.