Nevers defies court order, MMD elects Muhabi

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NEWLY Elected MMD national secretary Muhabi Lungu is lifted by party cadres at Kapingila House in Lusaka yesterday. - Picture by ANGELA MWENDA.
NEWLY Elected MMD national secretary Muhabi Lungu is lifted by party cadres at Kapingila House in Lusaka yesterday. - Picture by ANGELA MWENDA.

MMD president Nevers Mumba yesterday defied an interim injunction restraining the party from convening a national executive committee (NEC) meeting to fill the vacant position of national secretary.

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And the MMD NEC meeting chaired by acting national chairman Edgar Keembe unanimously elected Dr Mumba’s spokesperson Muhabi Lungu as national secretary.
In his ruling delivered yesterday, Lusaka High Court judge Eddie Sikazwe ordered that acting national secretary Chembe Nyangu be restrained from convening a NEC meeting to elect the national secretary of MMD until further order of the court or until determination of the matter.
“Take notice that if you, the  within named defendant Chembe Nyangu, or your servant or agent disobey this order, you will be liable for contempt of court and may be sentenced to prison or both for purpose of compelling you to obey the same,” the ex parte order of the interim injunction reads.
This is in a case in which MMD vice-president for political affairs Michael Kaingu and his counterpart for administration Brian Chituwo as first and second plaintiffs, respectively, have sued Mr Nyangu as defendant in his capacity as acting national secretary.
According to writ of summons filed in the Lusaka High Court yesterday, Dr Kaingu and Dr Chituwo wanted a declaration that the NEC meeting, which was held yesterday, was illegal and all decisions or actions taken, therefore, are a nullity.
They wanted an order restraining MMD from holding the NEC meeting yesterday.
Sources within MMD told the Zambia Daily Mail that the injunction was taken into the meeting but it was not entertained.
Dr Mumba told journalists after the NEC meeting that he had not seen the court order but that he had heard rumours of it.
“I have heard rumours that there is an injunction, which I have not seen. I would be very surprised that somebody would bring an injunction five minutes before a meeting starts.
“I have not seen that document. My colleagues have not seen that document. If my deputy national secretary [Mr Nyangu] has that document, he is probably the only one who has that document,” he said.
Dr Mumba said if he had been informed before the meeting, he would have consulted appropriately to make another decision about the meeting.
Meanwhile, the MMD NEC yesterday unanimously elected Dr Mumba’s spokesperson Muhabi Lungu as national secretary.
Mr Keembe said at a press briefing yesterday that after advertising the vacant position of national secretary for a month, one application was received from Mr Lungu.
“The NEC has unanimously elected Mr Lungu unopposed as national secretary,” he said
Mr Keembe also said Rose Banda went through unopposed as chairperson for local government and housing.
MMD Western Province chairperson Kamuti Kamwengo was elected chairperson for transport and communications.
On petitions received from the provinces calling for an extraordinary convention, Mr Keembe said the documents were fraudulently produced.
He said following those findings, calls for an extraordinary convention are null and void and the party cannot proceed to hold such a meeting.
Mr Keembe also said the NEC resolved that Dr Kaingu, Dr Chituwo, MMD spokesperson Dora Siliya, former Solwezi member of Parliament Lucky Mulusa and national youth secretary Tobias Kafumukache will be disciplined for spearheading calls for an extraordinary convention to elect new office-bearers.

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