UNIP members of the central committee have argued that the application by 11 members of the party to dismiss the ex-parte order granted to them staying proceedings in a matter they have been sued for performing their functions following the expiration of their mandate, is irregularly before court.
Meanwhile, UNIP has invited members of the public who are not members of the independence party but are interested to contest as members of parliament to approach the party for adoption.
Tilyenji Kaunda and three others in a notice to raise preliminary issue dated January 15, 2021said that the Court has no authority to determine the plaintiffs’ application as no permission of the court was sought to file the same during the Christmas holiday.
“Take notice that the defendants shall raise the following preliminary issue when the plaintiffs’ application filed on December 23, 2020 to set aside the order of stay of proceedings comes up for hearing,” read the notice.
“The application filed by the plaintiffs on December 23, 2020 is irregularly before the court for having been filed during the Christmas vacation without leave of court, and the court therefore has no jurisdiction to hear the plaintiffs’ application for want of leave.”
Fackson Njobvu and 10 others have sued Tilyenji, vice-president Njekwa Anamela, secretary general Alfred Banda and administrative secretary Welfare Mfune, seeking an order that outgoing MCCs and the recognised interim MCCs follow the Registrar of Societies’ administrative directive to jointly organise and hold a congress by forming one working group.
Njobvu and 10 others have asked the Lusaka High Court to set aside the ex-parte order granted to Tilyenji and his co-defendants staying proceedings in the matter as the outgoing executive members had obtained the stay to continue their stay in office which was contrary to the party constitution.
According to skeleton arguments and list of authorities in support of summons to set aside an order of ex-parte dated December 14, 2020 to stay proceedings, Njovu and others argued that Tilyenji and his accomplices were not entitled to a stay of proceedings.
They claim that the outgoing executive members of UNIP had obtained the stay to derail the course of justice.
Njovu and 10 others stated that the defendants obtained the order of stay to protect their personal interest against the party and general membership.
The 11 contended that the four executive members have not been merely mobilising the party or participating in elections, but their interests have been merely to sell party land and properties around the country.
They stated that several members have been preparing and building their ground work in constituencies and wards with a motive to contest in the 2021 elections to keep the party alive.
The 11 contended that staying the proceedings would also affect the contempt proceedings which would be halted and also suspend the efforts to jointly organise the congress between the parties.
Meanwhile, Banda told The Mast yesterday the national congress would be held in April and that Tilyenji had given amnesty to all members, including those that had taken him to court to contest positions.
“They should come as individuals, not as a group,” Banda said.
He said the UNIP congress would be held in provinces where 50 delegates from each province would elect the national leaders and the results transmitted to Lusaka for collation and announcement of the winner.
“We have also invited members including members of the public interested to contest as members of parliament to approach the party for adoption. The only qualification is for them to be Zambian citizens,” said Banda.