Tutwa demands $9m legal fees from PF

Kabwe Central PF member of parliament Tutwa Ngulube has dragged the Davies Mwila to the High Court seeking an injunction restraining the ruling party from expelling him.

And Ngulube wants the Patriotic Front to pay him US$9,000,000 in legal fees for the work he did as legal counsel between November 2014 and June 2017, among other financial claims.

In this matter, Ngulube has jointed sued Mwila, second respondent with Central Province PF chairman Chanda Mutale who is the first respondent.

According to his statement of claim dated January 11, 2018, Ngulube averred that Mwila instructed Mutale to prepare a stage managed disciplinary process to immediately expel him.

“In the video footage shown on the National Broadcaster ZNBC 19 hours news of the 10th January 2018, the Plaintiff was not given any hearing prior to the decision to expel him,” Ngulube stated.

“The Plaintiff will aver that the party organs in Kabwe have been summoned to gather on the 12th January 2018 at the Boma hall at 14 hours to announce the expulsion of the Plaintiff party.”

He stated that Mutale had no mandate to chair a disciplinary committee meeting because he was not a member of the central committee as his nomination was a nullity because the PF central committee’s mandate expired in 2016.

Ngulube also argued that calling for a gathering to expel him was a violation of SI 79 which banned public gatherings due to the cholera outbreak.

“The Plaintiff shall aver that the said gathering poses a health risk to all the attendants and the media owing to the cholera outbreak…no offence has been committed by the Plaintiff and no charges were levelled against the Plaintiff before the decision to suspend him with an announcement to be made on Friday the 12th January 2018,” he stated.

And Ngulube wants the PF to pay him for his services during the time he was legal counsel.

He averred that Mwila had instructed his secretary not to accept the bill.

“The Plaintiff’s claim: a. An order for the payment of all legal fees for the services rendered by the Plaintiff to the Patriotic Front Party as Legal Counsel pursuant to Article 87 of the Patriotic Front constitution amounting to US$9,000,000 for the period between November 2014 to June 2017 at the request of the Republican President who also doubles as party president…an order restraining the Defendants whether by themselves, agents, servants or otherwise from commencing any disciplinary proceedings or metting out any punishment under the party constitution until final determination of the matter or until final order,” stated Ngulube.

Ngulube also wants US$125,000, the market value of a Toyota Land Cruiser entitlement together with the sum of K280,000 duty paid on the vehicle.

         

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