Supreme Court dashes RB’s presidential hopes: Nevers Mumba declared legitimate MMD candidate
The full Supreme Court bench has put paid to Fourth Republican President Rupiah Bwezani Banda’s hopes of a successful return to the office he held just over three years ago, after it ruled that the official candidate for the Movement for Multi-Party Democracy to contest the forthcoming by election is Nevers Mumba.
The Supreme Court also affirmed that as a Court it has powers to determine any matter.
At issue was the decision made at a meeting by the National Executive Committee (NEC) held on 18th November 2014 which decided to suspend Mumba and adopted Banda as the MMD Presidential Candidate and also the Court Injunction issued by the High Court and obtained by Mumba. The Court also considered the manner in which the Injunction was discharged.
The Supreme Court has also restrained National Secretary Muhabi Lungu, his agents or his superiors from preventing Mumba from performing his functions as Party President.
The Supreme Court established that the Judge below erred by failing to consider facts submitted by Mumba in his application for an interim court injunction and ignored those facts when discharging the injunction.
The court however accepted that the High Court Judge below did not evaluate the affidavits signed by Mumba.
The court ruled that the court injunction given to Nevers Mumba by the High Court was lawfully issued at exparte stage but was not properly discharged at the interparty hearing as facts submitted by Mumba were not properly considered.
The two hour Judgment was read on behalf of the full Supreme Court Bench by former Attorney General and new Supreme Court Justice Mumba Malila as Acting Chief Justice Lombe Chibesakunda was conducting presidential nominations.
The Supreme Court also dismissed two preliminary issues raised by Muhabi Lungu.
It also dismissed a cross appeal that was made by another individual
The Supreme Court also stated that it is allowed to hear extra information that would help the course of Justice and was not confined to only facts but will not allow an appeal on matters that were not discussed.
The Supreme Court also accepted the certificate of urgency filed by Nevers Mumba as any delay would escape the benefits accruing to the Plaintiff. The Supreme Court dismissed Muhabi Lungu’s concern that there was no urgent matter.
Mumba also stated that he was the lawful candidate for the forthcoming Presidential by-elections.
This is the case in which Movement for Multiparty Democracy (MMD) Nevers Sekwila Mumba appealed a decision of the High Court that declared former President Rupiah Bwezani Banda as the Presidential Candidate.
Mumba is also challenging the decisions of an NEC Meeting that suspended him and picked Mr. Banda as the Presidential Candidate for the MMD.
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