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Battle for the ownership of the MMD goes to the Constitutional Court

Filed under: Breaking News,Politics |
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Raphael Nakacinda

The Felix Mutati-led faction has petitioned the Constitution Court to declare it the legitimate Movement for Multiparty Democracy (MMD) and invalidate the claims of a rival faction headed by Dr Nevers Mumba.

The Mutati faction is today appearing for status conference in a matter arising from the petition filed by its National Secretary Raphael Nakacinda.

Nakacinda who, according to documents obtained from the Registry of the Constitution Court, says is the duly elected National Secretary of MMD, wants among other things, the courts to declare that the convention which was held on May 20-22, 2016 was correctly convened.

He also wants the court to declare the decision taken by the NEC members on 30th January, 2016 not to hold a convention, as an illegal act as it was against the provisions of the Constitutions of the MMD and that of the country.

“a) A declaration that the decision taken at Lusaka on Saturday, the 30th day of January, 2016 by the National Executive Committee (NEC) not to hold the convention is contrary to the provisions of Article 60 of the Constitution of the Zambia as amended by the Constitution of Zambia Act No2 of 2016 and Article 14(1) of the Constitution of the Movement for Multiparty Democracy (MMD);

b) A declaration that the tenure of the President and that of the members of the National Executive Committee (NEC) who are elected at a regular convention  is co-terminus and as such the convention was correctly held from the 20th-22nd day of May, 2016.

c)A declaration that the proceedings and all resolutions decided at the NEC meeting held in Lusaka on Saturday, the 30th day of January, 2016 be declared null and void ab initio;”  reads part of the documents obtained from the registrar at the Constitution court.

Further, the Mutation faction wants the ConCourt to declare that the convention held in 2016 was legal and that Felix Mutati was duly elected as the President of the former ruling party as well as to stop Dr Mumba from masquerading as an official of the party in accordance with the law.

From the Supreme Court ruling in Kabwe on 10th April, 2016, directed the party leadership to directly petition the Constitutional Court as matters referred to were constitutional in nature and are therefore in that courts rightful jurisdiction to hear.

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Start: 2019-07-01 End: 2019-07-31