THE Josephs Akafumba NDC faction has sued Chishimba Kambwili for impersonating as NDC president after he relinquished his position as interim president.
The NDC wants an order of injunction stopping Kambwili whether by himself, his servants or agents from masquerading as party president.
The party is seeking a declaration that Kambwili having ceased to hold the temporary position of interim president and his name having not been registered on the list of office bearers of NDC has no mandate to transact any business of NDC.
NDC secretary general Bridget Atanga who has sued on behalf of the party said NDC was registered on September 17, 2017 with the Registrar of Societies.
She said during the registration of the party, the promoters of NDC lodged a constitution with the Registrar of Societies.
Atanga said according to Article 34 of the constitution the party, the constitution would be effective immediately upon its adoption by NDC consisting of 10,000 delegates.
She said to date NDC has not held its congress and the party constitution is not effective as the registration of a new constitution with the Registrar of Societies has delayed therefore the party has no constitution.
Atanga explained that on February 24, 2021 Kambwili in the presence of vice-president Josephs Rikki Akafumba and other senior members of the party informed her that he should not be considered in the decision making process of the party and that he relinquished his position as interim president of NDC.
She said on February 27, this year despite having ceased to hold the position of interim president of NDC, Kambwili and his cohorts held a gathering in Luanshya on the Copperbelt purporting that it was a central committee meeting of NDC when in fact not.
Atanga said Kambwili purported that the gathering was in accordance with the constitution of the NDC despite the fact that the same has not been registered.
She said the mammoth gathering was attended by Luanshya based sympathisers of NDC and was held in the absence of the vice-president, national chairman, secretary general and deputy secretary general.
Atanga said after the illegal gathering Kambwili held a press briefing indicating that the said gathering had resolved to suspend some members of the party.
“The defendant publicly declared that he intended to write purported suspension letters to some members of the party and commence disciplinary proceedings against the said members and by his action, Kambwili demonstrated his intention to perpetuate his illegality unless restrained,” Atanga said.
She said Kambwili was written to by the party requesting him to stop masquerading as president of NDC and to stop making any decisions in the name of the party as well as not to repeat his illegalities, but Kambwili has failed to adhere to the party’s demands within the given timeframe.
“On March 1, 2021 two days after his illegal gathering and resolutions Kambwili or his agents and servants attempted to lodge a constitution with the Registrar of Societies in an effort to conceal his illegalities but the Registrar of Societies declined the said lodgement pending determination of other litigation concerning the NDC,” Atanga said.
She said the purported resolutions of the said gatherings are null and void ab initio.
Atanga argued that the purported resolutions of the gathering were a nullity because they were not in accordance with the NDC constitution which is not effective and that Kambwili ceased to hold the position of interim president and had no legal mandate to perform party duties including convening gatherings and suspending any member of the party.
She disclosed that Kambwili is not among the office bearers of the party registered with the Registrar of Societies.
Atanga prayed that the court grants the NDC an interim injunction as there is an urgent need to restrain Kambwili from continuing with his illegalities.
She contended that as a result of Kambwili’s actions, the party has suffered loss and damage.
Atanga further wants a declaration that the gathering by Kambwili and his cohorts dated February 27, is null and void ab initio and has no effect and so were the purported resolutions, for being held in the absence of any party constitutional provisions.