Politics

Mutati MMD Faction Loses 2 Applications in Court

The Felix Mutati MMD faction has lost two applications in the Lusaka High Court in which the party wanted the court to order leave to amend their defence and another application for a writ of subpoena to compel a lawyer representing Nevers Mumba’s MMD group, Jeah Madaika, to appear as their witness.

This is in the case in which acting National Secretary for Dr Mumba faction, Winnie Zaloumis, sued Mutati’s faction seeking a declaration that the convention which saw the election of Mutati as MMD president was illegal.

In their application for subpoena, Mutati’s lawyer Jonas Zimba stated that the application for leave to amend the defence was necessary in order to avoid multiplicity of actions because the Constitutional Court had earlier indicated that it had no jurisdiction to hear the three issues that they had filed as counter claims.

On the issue of an application to subpoena the Dr Mumba’s lawyer  to stand as their witness, it was submitted that the said application was necessary to enable them to clarify the legal opinion that was given by Madaika as it was the  basis upon which the issues in this matter were premised.

But Judge Sharon Newa has refused to grant Mutati’s lawyers an order to amend their defence which includes the counter claim, on grounds that it would, among other issues, promote forum shopping and multiplicity of actions which the courts have frowned upon.

Judge Newa has also refused to grant Mutati’s faction an order to issue a writ of subpoena to compel Madaika to appear as their witness because a lawyer-client relationship must be protected in order that the client can fully disclose information to the lawyer without fear that it will be divulged.

She has further ruled that it consequently follows that any communication between a lawyer and a client should not be divulged unless the client waives that privilege and will also, however, not apply in further notice of a criminal activity.

Judge Newa adds that in this matter, legal opinion that Madaika gave the MMD is before court and being a legal opinion, “it is just an opinion and it relates to the civil proceedings”.

“The application to issue the subpoena fails and it is dismissed with costs to the plaintiffs to be taxed in default or agreement,” judge Newa ruled.

The matter comes up on June 7 for commencement of defence.

 

18 Comments

  1. Patrick JB

    Ba MUTATI SURE

    • sO sO

      The constitution of MMD calls for elections every five years. The Mutati faction won elections that took place after Nevers Mumba’s term came to an end.
      Mutati, therefore, is the genuine MMD President and not the thief from Canada.

  2. Fisunge

    Just leave it for Mumbai and join of why waste your time sometimes we just have to learn to leave a quiet life me Bantu haven’t you got enough money for you to live your life all this you’re fighting for is nothing in this world fikashala lesa fye

  3. Bryan

    Zambian politian we’re in twenty first century but all l see is politics of the belly lets develop our mother land with pride. everyday court issues

  4. Richard

    Ba mutati you donot have good advisers .the best you should just form your political part

  5. Mario puzo

    Ba mutati how can you be a president?we haven’t seen much of you, your fellow politicians know you but us the public haven’t seen much from you, join an active political party, do something show us what you are capable of not just like this.honestly I my self I can’t vote for you.anyway what makes you think you can be a president? and you want to be a president in mmd a finished part, what a wrong choice, swallow your pride join PF convince us that you are a man enough to lead a country.ba mutati you don’t just become please.

  6. THE REGULATOR

    I totally agree with you Mario but also ba Mumba, he is best at the work of the LORD.

    • Mario puzo

      YES bro I agree with you also,ba Mumba was doing well with the work of God now balilubana, one thing I have come to understand is when you are called to do the work of God you can try to do these other things nothing will work for you.so the best way for Mumba is to follow his right way,his calling as a man of God not these selfish ideas running in his head.

      • THE REGULATOR

        Yes, bro, remember Jonah in the O.T, God saw his capability which was distinguished to bring the problematic Ninivites to the saving knowledge of God but decided to go his way.Now that you can’t fight him and win, he Brought him back onto the assignment.Ba nevers Has by God been signposted to liberate ZAMBIA not POLITICALLY but SPIRITUALLY or RELIGIOUSLY.Otherwise, no where he will go according to me in relation to how I have come to know God’s will, purpose and assignment.

  7. Winnipeg Nyirongo

    Let Dr. Nevers Mumba go back to the Pulpit where he is doing well. Let Mr. Felix Mutati continue with politics because he suits there also. Please you Zambian Judges do not be bias judge this case accordingly.

  8. Pj

    Mr mumba shud leave Mr mutati with mmd and go back to own party,what was party again Christian collision, please may someone remind me.

  9. faithful

    CommentDr Mumba continue doing what is right. God is with you. All your enemies are under your feet. you were elected with a 50 plus one and you defeated mutati hands down.

  10. SOCCER LOVERS

    Mr mutati if you love politics just form your own party even if you fight mmd through courts of law the fact is mmd is a dead party.

  11. Gershom ingwe

    It’s true Mr mutati u have the rights to join other party or form your on party than fitting your fellow friend no it is not good this party is already dead thank you

  12. THE REGULATOR

    My final judgment on these factions is that Ba Nevers goes back to the pulpit.On the other hand, Mr Mutati will be well placed to work with Mr ECL in PF.He will be recognised there rather than gripping to this dead party.Let MMD be dead in this country just as the founder(Mhsrip) is dead.This is my humble submission.Good morning?

  13. SEE MIND

    Mumba you was candidate last time ba late Sata. But u didn’t get vote zero point. And you was failed reunite MMD MEMBERS. WHY U STILL FIGHTING MMD PRESIDENT CHAIR ? SHAME. GO BACK TO PREACH THE GOSPELS OK. U ARE NOT QUALIFIES AS PRESIDENT !

  14. Me

    Mutati and Never are both nincompoops

  15. Gershom ingwe

    Mutati please go well and leave the party in hands Nevae is the candidate Bay Bay same like jeredy shitono wamu court storage hh

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