TWENTY MMD members have asked the Lusaka High Court to declare that the extra-ordinary convention held by the Nevers Mumba led group on Saturday is illegal and void.

The 20 further want the court to make an order and direct the Registrar of Societies to appoint an interim committee during the subsistence of the matter.

Webby Chipili and 19 others who have sued Elizabeth Chitika in her capacity as National Secretary for the MMD as well as Mumba, further want a declaration that former republican vice-president and his National Executive Committee (NEC) has breached the party Constitution.

They also want a declaration that Mumba and the NEC elected in 2011 and 2012 respectively only had a five year mandate.

The plaintiffs stated in their statement of claim, that Chitika was known to them as an appointee of Mumba as national secretary of the party appointed in 2016.

They added that Mumba was elected MMD president for a term of five years and was ushered into office in 2012 to join NEC that was elected in 2011.

The 20 stated that MDD was governed by the party constitution which was the supreme law of the party.

The plaintiffs’ added that by virtue of the MMD Constitution, the party was obliged to hold a convention to elect new members of the NEC every five years.

They added that the members of the party had a right to participate in intra party elections and contest for a position of their choice in preparation for the convention and to be notified and informed of such a convention.

The 20 further stated that they also have a right to demand the fulfilment of the constitution of the party, adding that sometime in 2011, MDD held a convention wherein members of the NEC were elected in accordance with the party constitution.

They stated that in 2011, the MDD went for a convention where new members were ushered into office with the then President Rupiah Banda elected as party president.

“The then President resigned from his position in 2012, after the resignation, there were provincial conferences to elect the president of the party. Following this, Dr Nevers Mumba was elected as president of the party in 2012. The term to be served by the then president elected in 2012 was to run together with the NEC elected in 2011 because the term of office of NEC is co-terminus with that of the president,” the plaintiffs stated.

They stated that in 2012, NEC was suppose to call for a convention but did not and Mumba went in to appoint members of NEC, such that the structure of the current NEC consists of members who have never been elected as required by the constitution.

The plaintiffs stated that the current NEC members were never elected at any convention but were instead appointed by Mumba and were therefore holding office illegally contrary to the party constitution.

They stated that Mumba had held office for a period of nine years, and that going by a purported convention to be elected for another five years would bring his total stay at the helm to 14 years contrary to the party constitution.