Foundation for Democracy Process (FODEP) president Mwenda Mumbuna has described as fair the High Court’s ruling that has led to the de-registration of the National Democratic Congress (NDC).
On Monday, Ministry of Home Affairs public relations officer Nephas Chifuta stated that the Registrar of Societies had cancelled the registration of the NDC on August 21, 2019 as a result of a High Court ruling which stated that the party had an inoperative constitution.
“The deregistration follows a High Court ruling of 16th July, 2019 under the case number 2019/HP/0673, in a matter where some members of the NDC took each other to court. The court ruled that the National Democratic Congress had not yet adopted its constitution and for all intents and purpose, the modus operandi of the political party has not yet been ‘birthed’. Consequently, the court found that the NDC has an inoperative statement and dismissed the case in its entirely for being incompetently before the court,” read the statement.
In an interview with News Diggers! Tuesday, Mumbuna said the High Court ruling was fair and the foundation cannot challenge it because it does not support lawlessness.
“In terms of democracy, we are of the perspective that this depends on what the law was. We have to work within the law…We don’t challenge court rulings. The courts have to be fair so what we are saying is, was the ruling fair? If it was fair, we cannot challenge it. A ruling which the court have said, there was a misapplication of the law or the law was broken, we do not condone unlawfulness. It’s only where we are of the perspective with clear evidence that it was not done in good faith that we would challenge it but at the moment, we do not have sufficient evidence to say that it was done in bad faith,” Mumbuna said.
He said what was comforting was that the deregistration of the NDC would not affect Roan member of parliament Joseph Chishala who would become an independent representative should the courts maintain the Registrar’s decision.
“We also recognize that the law right now means that the member of parliament who is from the party that has been deregistered can still stay in parliament as an independent…[this] is also good that we will not have a by-election which is very, very costly,” said Mumbuna.