NOMINATED member of parliament Raphael Nakacinda has sued the Movement for Multiparty Democracy (MMD) in the Lusaka High Court challenging his expulsion from the party on June 20, 2020.
Nakacinda, who has cited MMD national secretary Elizabeth Chitika in the matter, is seeking a declaration that his purported expulsion from the party is invalid and void.
He wants the court to declare that his purported expulsion from the MMD was illegal by reason of procedural impropriety and absolute defiance of the established rules of natural justice.
He also wants an order of interim injunction restraining Chitika either by herself, agent, servant or otherwise howsoever from continued interference with his membership in the MMD.
Nakacinda is further seeking any other reliefs the court may deem fit plus costs.
According to his statement of claim, Nakacinda stated that in a letter dated June 22, 2020, Chitika informed him that he had been expelled from the party on allegations of arrogance, insubordination and disregard for the party leadership among others.
Nakacinda stated that Chitika indicated in the said letter that the party was unable to serve him a letter requesting him to attend a disciplinary hearing on November 15, 2019 based on an exculpatory letter rendered by him (Nakacinda) sometime in 2016 and by their own admission the party proceeded to consider its failure to notify him of the then pending disciplinary hearing with regards to arrogance, insubordination and disregard for party leadership.
He claimed that Chitika accused him of holding meetings in Lusaka, Chipata, Luangwa and other places in the country and that he continued to bring the name of the party into disrepute and slander thereby injuring the name of the party and abrogating sections of the MMD constitution.
Nakacinda said he was alleged to have failed to adhere to the conditions of his suspension restraining him, his agents and servants from having any dealings and contact whatsoever with party structures during the period of his suspension.
He explained that in the said letter the party through its national executive committee (NEC) using their supposed coherent powers purported to be vested in them by Article 52(2) and 19 (n) of the MMD party constitution resolved to expel him from the party with immediate effect from June 20, 2020.
“The defendant neither formally charged him on any of the grounds alleged in the defendant’s letter nor was he ever given an opportunity to be heard on the allegations levelled against him by the defendant,” Nakacinda said.
He claimed that he only became aware of the purported alleged offences against him on June 22, 2020, the date he was informed of his wrongful purported expulsion from the MMD.
Nakacinda said the allegations levelled against him were never communicated to him prior to his wrongful purported expulsion from the party.
He added that no formal charge of any purported misconduct was ever preferred against him or if preferred the same was not communicated to him before his wrongful purported expulsion from the party.
Nakacinda further contended that by reason of the aforesaid he had suffered loss, damage and inconvenience.
“The loss I continue to suffer at the hands of the defendant will be irreparable unless the defendant is restrained. No prejudice will be occasioned to the defendant by the grant of an injunction but the interest of justice will be saved,” said Nakacinda.
“I undertake to abide by the conditions which may be imposed by the court as to damages should this injunction be deemed to have been erroneously obtained.”