LUSAKA High Court judge Wilfred Muma has granted expelled NAREP president Steven Nyirenda and three others an ex-parte order of interim injunction, restraining the newly appointed party leader, Charles Maboshe and others from interfering with the administration, governance and use of the party secretariat.

Justice Muma has further prohibited the defendants from issuing statements regarding the National Restoration Party and its leadership.

This is according to an ex-parte order of an interim injunction granted to Nyirenda and three others, Tuesday.

“Upon hearing counsel for the plaintiffs and reading the affidavit in support of ex-parte summons for an order for an interim injunction deposed by NAREP national chairperson Jimmy Mubambwe, it is hereby ordered that an ex-parte order of an interim injunction is and be hereby granted to the plaintiffs, restraining the defendants whether by themselves or by their employees or agents or whosoever, from interfering with the administration, governance and the use of NAREP secretariat situated at plot no. 2386 Tuleteka Road, Lusaka,” read the ex-parte order signed by justice Muma.

“It is further ordered that the defendants be and are hereby prohibited to issue out statements regarding National Restoration Party and its leadership.”

Judge Muma further directed that the matter shall come for inter-parte hearing on August 27, 2020.

In this matter, Nyirenda and three others have sued Maboshe and other party members in the Lusaka High Court, seeking a confirmation and declaration that the former was duly elected as NAREP president.

Nyirenda and the others further wanted a declaration that the decision purportedly passed by the defendants that Nyirenda was no longer NAREP president be declared null and void, as well as, damages for breach of party constitution.

They also wanted 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.

Nyirenda, NAREP Secretary General Ezra Banda, the party vice-president Mwelwa Ngosa and national chairperson Jimmy Mubambwe have sued Maboshe, the party vice chairperson Ezra Ngulube and other members, Maybin Kabwe, Frank Sichone, Evelyn Malongo, Susan Chipeta and Thomas Kayola, as defendants.

According to a statement of claim filed in the Lusaka High Court, August 17, 2020, Nyirenda, Banda, Ngosa and Mubambwe stated that on Saturday, August 15, 2020, around 10:00 hours, NAREP scheduled a meeting for the National Executive Committee (NEC).

They stated that the agenda of the said meeting was to adopt the newly appointed NEC members and matters arising from the previous NEC meetings.

The plaintiffs stated that before the said meeting, Mubambwe requested for a copy of the previous NEC meetings from Maboshe for purposes of identifying NEC members but the same was not honoured.

“The plaintiffs contend that due to the failure to produce the said minutes, Mubambwe raised a concern as to the identity of NEC members considering that the meeting had in its attendance individuals who were not NEC members or rather NEC members whose ratification was pending,” read the claim.

The four stated that following the concerns by Mubambwe over the identification of NEC members, a disagreement arose between them and the defendants which resulted in the exchange of vulgar language and saw the defendants walking out of the meeting.

“The plaintiffs will at trial produce evidence that in fact, the defendants, prior the arranged NEC meeting which was scheduled for August 15, 2020, had a parallel meeting and its main agenda of that meeting was to ratify the new NEC members and adopt that NAREP joins the Zambia Opposition Alliance for 2021,” read the claim further.

The plaintiffs stated that in fact, they would show proof that the reason for the division in the party was that the defendants wanted the party to join the said alliance for purposes of the 2021 elections.

They stated that after the failed NEC meeting which was scheduled on Saturday, the defendants regrouped on the same day and purportedly resolved that Nyirenda was no longer party president and appointed Maboshe in his place.

The plaintiffs stated that to their knowledge and perusal of the NAREP constitution, they shall produce evidence to the effect that there was no provision of removal of a sitting president through a vote of no confidence other than what was indicated under Article 37 of NAREP constitution.

They added that no justifiable reasons had been advanced against Nyirenda to warrant his removal from office as indicated by the defendants.