MOVEMENT for Multiparty Democracy (MMD) Lunte Member of Parliament (MP) Felix Mutati has appealed to the Supreme Court against the ruling by the High Court to allow his expulsion from the party.
Mr Mutati has argued that the failure by Judge Mwamba Chanda to grant him the relief he was seeking would result in irreparable damage as he would not be able to contest the presidency of the MMD.
It would further destroy his chances of contesting the Republican presidency in the August elections.
He filed in four grounds of appeal arguing that Ms Justice Chanda erred in law and fact when she refused to grant him the relief of an injunction based on the fact that there was nothing to restrain as he had already been expelled.
Mr Mutati said the decision of the judge was wrong because the relief he was seeking in the statement of claim was that of demanding for the exercise of his right to call for a convention, which relief if not granted would result in irreparable damage as he would be unable to contest the presidency of the MMD, therefore denying him an opportunity to contest the 2016 presidential elections.
Mr Mutati also argued that Ms Justice Chanda’s refusal to grant him the injunction was contrary to the provisions of Article 72 (5) of the Constitution of Zambia as amended by the Constitution of Zambia (Amendment) Act number 2 of 2016.
He said the amended Constitution allowed him to continue exercising and enjoying his rights as an MMD MP, while the matter of his expulsion or membership of the party was being challenged in the High Court.
Mr Mutati submitted that Ms Justice Chanda erred in law when she refused to grant him the injunction despite the fact that one of the reliefs sought was a declaration that he was a member of the MMD and was entitled to enjoy all the rights of a member of the MMD including the right to contest an election at the convention.
Ms Justice Chanda on Monday refused to restore Mr Mutati’s membership in the MMD, stating she could not restrain something that had already happened.