PARTY DID NOT COMMUNICATE TO US TO STOP DEALING WITH PF, ARGUES 3 EXPELLED MMD MPS

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By Daily Revelation Reporter

Three expelled MMD Members of Parliament have told the Lusaka High Court that the party or party leadership has never communicated to them that they have stopped dealing with the PF, and that the alliance entered into by the parties has been terminated.

The three include Muchinga Constiuency member of parliament Howard Kunda, Serenje Central member or Parliament Maxwell Muma Kabanda and Mkaika member of Parliament in Eastern Province Peter Phiri.

The trio has petitioned the Lusaka High Court seeking a declaration that their expulsion from the party is null and void.

In their petition, the trio has cited Chitika in her capacity as national secretary seeking a declaration that
their purported expulsion dated August 18, 2020 was ultra vires Articles 1(3), 2, 11, 20 and 21 of the Constitution of Zambian as amended by Act no 2 of 2016, therefore, void and of no legal effect.

They are also seeking a declaration that any purported suspension of the petitioners which violates the Bill of rights as enshrined in the Constitution of Zambia be declared null and void.

The trio wants a further declaration that the purported expulsion from the party was illegal, by reasons of procedural impropriety and absolute defiance of the established rules of natural justice.

They further want a declaration that a member of parliament duty is to represent the interests of the constituents relating to the constituency he/she represents is greater than his/her duty to a political party he/she represents.

The trio is additionally seeking a declaration that the proceedings and resolutions of the national executive committee (NEC) through the meeting that was held on June 20, 2020 be declared null and void.

Kunda, Kabanda and Phiri stated in their individual petitions filed in court that they were all bona fide members of the MMD who joined the party on different dates and that the MMD was guided by a Constitution which was duly lodged with the Registrar of Societies.

They stated that sometime in 2016, the MMD leadership had announced that the party was going to work with and form an alliance with the PF in elections that were to be held on August 11, 2016 and in the same year, the MMD issued the petitioners with adoption certificates to stand as members of Parliament on various constituencies and they won the elections under the MMD ticket.

They stated that following the PF winning the Presidential elections and MMD faction leader, Felix Mutati having been nominated as MP by President Edgar Lungu, he was subsequently appointed Minister of Finance as the two political parties were in an alliance.

The trio stated that they had been representing people in their constituencies but they started having problems with the MMD leadership after the judgment of the High Court dated November 5 , 2019 which declared Nevers Mumba as the MMD President and not Felix Mutati.

They stated that they started receiving calls that they should make donations to the party but they told the party that they were channeling their contributions towards party mobilization in their constituencies and that there was no provision in the party constitution making payment of donations mandatory.

They also stated that the party or party leadership has never communicated to them that they have stopped dealing with the PF and that the alliance entered into by the parties had been terminated.

The trio stated that in June this year a meeting was held where accusations were discussed concerning them having failed to comply with the party decisions, resolutions and directives among others.

They stated that on August 18, 2020 MMD wrote to them informing them of their expulsion from the party and that they had seized to be members of the party.

The petitioners stated that the continued state of affairs where they were at the whim and caprice of Chitika to exercise their Constitutional rights was unacceptable in a Constitutional democracy like Zambia.- Daily Revelation

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