The leadership race of the Movement for Multiparty Democracy (MMD) continues to rage, with the Felix Mutati group appearing for a status conference in a case arising from a petition filed with the Constitutional Court by National Secretary Raphael Nakacinda for prevent Dr Nevers Mumba from claiming his claim. as president of the MMD.
Nakacinda is asking the courts to declare that the convention held from May 20 to 22, 2016 was properly convened.
The CEO of the MMD also wants the court to declare the decision taken by the members of the NEC on January 30, 2016 not to hold a convention, as an illegal act because it is contrary to the provisions of the Constitutions of the MMD and that of the country.
“A) A statement that the decision taken in Lusaka on Saturday January 30, 2016 by the National Executive Committee (NEC) not to hold the convention is contrary to the provisions of article 60 of the Constitution of Zambia as amended by Law No. 2 of 2016 on the Constitution of Zambia and Article 14 (1) of the Constitution of the Multiparty Democracy Movement (MMD);
- b) A statement that the term of office of the President and that of the members of the National Executive Committee (NEC) who are elected at a regular congress is coterminus and as such, the congress was properly held from May 20 to 22 , 2016.
c) A declaration that the deliberations and all resolutions decided upon at the CEN meeting held in Lusaka on Saturday January 30, 2016 will be declared null and void ab initio; Read part of the documents obtained from the clerk of the Constitutional Court.
In addition, the MMD wants the Court of Appeal to declare that the convention held in 2016 was legal and that Felix Mutati was duly elected president of the former ruling party as well as to prevent Dr Mumba from posing as a party official in accordance with the law.
Since the decision of the Supreme Court in Kabwe on April 10, 2016, the party leadership has ordered the party leadership to appeal directly to the Constitutional Court because the issues raised were of a constitutional nature and therefore fall within the legitimate jurisdiction of these courts.