The Movement for Multi-Party Democracy (MMD) leadership contest still rages on with the Felix Mutati group appearing for status conference in a matter arising from a petition in the Constitution Court by the National Secretary Raphael Nakacinda to stop Dr Nevers Mumba from staking his claim as MMD President.
Nakacinda is asking the courts to declare that the convention which was held on 20-22 May, 2016 was correctly convened.
The MMD CEO also wants the court to declare the decision taken by the NEC members on 30th January, 2016 not to hold a convention, as an illegal act as it was against the provisions of the Constitutions of the MMD and that of the country.
“a) A declaration that the decision taken at Lusaka on Saturday, the 30th day of January, 2016 by the National Executive Committee (NEC) not to hold the convention is contrary to the provisions of Article 60 of the Constitution of the Zambia as amended by the Constitution of Zambia Act No2 of 2016 and Article 14(1) of the Constitution of the Movement for Multiparty Democracy (MMD);
- b) A declaration that the tenure of the President and that of the members of the National Executive Committee (NEC) who are elected at a regular convention is co-terminus and as such the convention was correctly held from the 20th-22nd day of May, 2016.
c)A declaration that the proceedings and all resolutions decided at the NEC meeting held in Lusaka on Saturday, the 30th day of January, 2016 be declared null and void ab initio;” reads part of the documents obtained from the registrar at the Constitution court.
Further the MMD wants the ConCourt to declare that the convention held in 2016 was legal and that Felix Mutati was duly elected as the President of the former ruling party as well as to stop Dr Mumba from masquerading as an official of the party in accordance with the law.
From the Supreme Court ruling in Kabwe on 10th April, 2016, directed the party leadership to directly petition the Constitutional Court as matters referred to were constitutional in nature and are therefore in that courts rightful jurisdiction to hear.