The battle for the MMD was back at the Constitutional Court with the Felix Mutati faction telling the court that the convention that elected the former Works and Supply Minister in Kabwe was duly convened.
National Secretary for the MMD faction led by Felix Mutati, Raphael Nakacinda has insisted that the convention which was held in Kabwe which saw the election of Mutati as the legitimate president of the MMD party was legal.
Faction Secretary General Raphael Nakacinda who is also a nominated Member of Parliament told the Constitutional Court led by its president Hilda Chibomba that their petition was properly before the Constitutional Court as every court that they had gone to had said they were in the wrong court.
This is in the case in where Nakacinda petitioned the Constitutional Court seeking for a declaration that the convention which elected Mutati as the party’s president was Constitutional.
But the Nevers Mumba MMD led faction that have a similar action in the High Court are disputing the Nakachinda group claim.
Nakacinda through his lawyer Joseph Jalasi of Silwamba and Company has asked the court to dismiss, Mumba’s application filed by general secretary Winnie Zaloumis.
The Mumba faction are asking the court to throw out Nakachinda’s petition because there is a proper case before the High Court.
“We were in the High Court, Supreme Court and Court of appeal and we were told by the Supreme Court that we were in the wrong court and that we should commence our action before this court (Constitutional Court) so we are here as directed by the court,” stated the Nakachinda faction.
Meanwhile, The Mumba’s lawyer Jeah Madaika has maintained his earlier position that the petition should be dismissed because the reliefs sought are the same sought in the High Court.
The genesis of the confusion in the MMD stems from the legality of the convention which was held in Kabwe from May 20-22, 2016 which elected Mutati as president.
The court has since reserved ruling to January 25 at 14:30 hours.