By Oliver Chisenga
NATIONAL Democratic Congress secretary General Bridget Atanga has demanded that Chishimba Kambwili stops “masquerading” as NDC president.
In her letter of demand written by Japhet Zulu Advocates, Atanga said Kambwili purported to have convened a symposium of non-office bearers of the party claiming that it was a central committee meeting of the NDC when in fact not and proceeded to meet in Luanshya on February 27.
She said the Luanshya meeting purported to be an NDC Central Committee meeting did not satisfy the constitution as it lacked the well outlined composition comprising the president, vice-president, national chairman, secretary general and deputy secretary general.
Atanga said the majority Luanshya-based cadres that attended the meeting could not be a substitute for the above.
“Kindly refer to the above captioned matter and note that we have been retained to act for Mrs Bridget K. Atanga (in her capacity as secretary general of the National Democratic Congress (NDC) Political Party (herein after referred to as “NDC”).Our client apprises us that, upon registration of the NDC party, the Constitution that was initially registered required approval of Congress made up of 10,000 delegates in order to be operationalized. However, given the failure to hold a congress, the initial constitution was never operationalized. An attempt was later made to have a new constitution registered with the Registrar of Societies but to date, the said constitutional has not been registered,” read the letter.
Atanga further informed her lawyers that Kambwili held the position of interim president of the NDC pending registration of a new constitution
She said that in a meeting held on February 24, 2021, Kambwili informed her in the presence of the vice president and other senior members of the party that they should count him out of decision making processes of the party.
“Following your position, your temporary position of Interim President was no longer tenable and the party accepted your decision to cease to act as Interim President. However, we are further informed that despite having ceased to be Interim President of the NDC and despite there being no constitution for the NDC, you purported to have convened a symposium of non-office bearers of the party purporting that it was a Central Committee meeting of the NDC when in fact not and proceeded to meet in Luanshya on the 27th of February 2021.”
Atanga has instructed her lawyers to inform Kambwili that even assuming what he purported is the NDC constitution was in fact so, then his meeting in Luanshya on the afore mentioned date would still not satisfy the said constitution.
“We are also informed that following your gathering, you proceeded to hold a press briefing where you firstly pontificated that you had held your gathering in accordance with what you purported was the NDC constitution and secondly, you purported to have suspended the legitimate NDC officials despite lacking any mandate to do so,” she said.
Atanga has also instructed her lawyers to inform Kambwili that his Luanshya symposium on February 27 is null and void ab initio for a plethora of reasons including that there is currently no NDC constitution.
“As earlier stated, there is currently no NDC constitution and therefore no basis upon which the Luanshya meeting was held and it follows that the purported resolutions thereof have no effect. You are not a registered office bearer of the NDC. Following your ceasure to hold the office of Interim President of NDC, the only other legal basis upon which you could act in the name of the party is if you were among the list of office bearers lodged with the Registrar of Societies,” Atanga said.
She further informed Kambwili that he is not among and had never been among the registered office bearers and as such, he has no right to purport to act in the name of the party.
Atanga also said Kambwili is a convicted felon thus there is no longer any likelihood that he can be registered as an office bearer of the party.
“We are informed that generous attempts had previously been made by the office bearers to also register you as an office bearer but such attempts failed following your non clearance by Police on account of the numerous criminal charges that you were facing at the time and continue to face. We are also informed that now that you are a convicted felon, there is no longer any likelihood that you can be registered as an office bearer of the party,” she said.
“Given the foregoing, our further instructions are to demand as we now do: That since you ceased to be the Interim President of the NDC, you must immediately stop masquerading as such and stop purporting to make any decisions or pronouncements on behalf of the Party. That given the fact that your meeting of 27th February 2021 in Luanshya and its resolutions are null and void, you must immediately stop purporting to have suspended any member of the NDC.”
Atanga’s lawyers informed Kambwili that they expected to receive a written statement from him within 24 hours from receipt of their letter. “Acceding to our client’s demands and undertaking not to repeat your illegality, we have ready instructions to commence legal proceedings whose rigmaroles shall be to your greater detriment and cost,” the letter said.