Supreme Court to rule on Nevers Mumba’s case today

The Supreme Court is today Thursday expected to pass a verdict in the case where Nevers Mumba has taken MMD National Secretary to court for interfearing in his office’s operations.

On Wednesday, The Zambia Daily Mail reports that Dr. Mumba’s lawyers to the Supreme Court that the High Court ruling which dismissed the Suspended MMD president’s application for an interim injunction to restrain party national secretary Muhabi Lungu from interfering with his functions is misconceived.

Lawyers representing Dr Mumba told a full Supreme Court bench yesterday that High Court judge Chalwe Mchenga’s ruling should be overturned because it did not meet the required standards and failed to address principles of the law.

Lead lawyer Bonaventure Mutale said Justice Mchenga’s ruling did not indicate any evaluation of the evidence in the affidavit. Mr Mutale made the submissions when the matter came up before acting Chief Justice Lombe Chibesakunda sitting with Supreme Court justices Hilda Chibomba, Gregory Phiri, Muyinda Wanki, Mumba Malila, Roydah Kaoma and Munalula Lisimba.

“This is not a ruling at all as it lamentably failed to deal with the issues before it and did not make any finding of facts,” Mr Mutale said.

He said the High Court abrogated its duty to determine the matter when all the facts were presented before the judge.

Mr Mutale also urged the court not to entertain a cross appeal by Mr Lungu’s lawyers which is asking to find that the High Court erred when he failed to find that Dr Mumba filed for an injunction after he had already been suspended. He said allowing such an application will be “dragging the court on a speculative journey to deal with non-issues”.

Dr Mumba’s other lawyer Nellie Mutti said the suspended leader was unfairly and unjustly treated by the National Executive Committee and failure to grant him an injunction will result in him being denied an opportunity to contest the January 20 presidential election.

Ms Mutti said the MMD constitution was abrogated when Dr Mumba was suspended and former President Rupiah Banda was adopted as party presidential candidate during a meeting held on November 18 this year.

But Mr Lungu’s lawyer Abyudi Shonga opposed the appeal on grounds that it is confusing because the reliefs Dr Mumba is seeking were not a subject of yesterday’s matter.

Mr Shonga said Dr Mumba could have chosen to include in the injunction a claim regarding the decision taken at the November 18 meeting.