The Lusaka High Court has ordered opposition United Party for National Development (UPND) not to expel Solwezi central Member of Parliament (MP) Dawson Kafwaya from the party.
Judge Annie Sitali restrained UPND secretary general Steven Katoka whether by himself or by his servants or agents or any of them or otherwise from expelling Mr Kafwaya from UPND and from interfering with the rights and privileges he is enjoying as member of UPND pending the determination of the matter.
Mr Kafwaya who is North Western province deputy minister has sought an injunction order to restrain his party from expelling him after he accepted a ministerial position from President Edgar Lungu.
Ms Justice Sitali said that an injunction is necessary to protect Mr Kafwaya from expulsion from his political party pending the determination of the matter.
She said disciplinary action had been taken against Mr Kafwaya by his party for accepting an appointment as provincial minister made by the republican president but given the lofty status the constitution holds in society, its provisions must be given due regard by all members of society including political parties.
Ms Justice Sitali said that the disciplinary action allegedly taken against a member of a political party for obeying any constitutional provision must be properly interrogated.
She however, said that the defence by Mr Kafwaya that he has a legal duty as a member of the national assembly to accept an appointment from the president is a matter not to be determined at this stage but during the main hearing.