Politics

Appeals Court Throws Nakachinda MMD Claim

The Court of Appeal has thrown out the application for a stay of judgement by embattled nominated Member of Parliament Raphael Nakachinda against the restoration of Nevers Mumba to the MMD presidency.

Nakachinda had appealed Judge Sharon Newa’s restoration of Mumba to the MMD presidency after a strenuous litigation process.

Justice Siyavwapa threw out the appeal with costs because among others the application was filed on the 11th of November, 2019 when the Registrar of Societies had already changed the office bearers on the 8th of November, 2019.

Judge Siyavwapa further disagreed with the applicant that if the stay is not granted his political career will end.

“There is an argument in paragraph 12 of the 1. The applicant’s affidavit in support of the application that if a stay is not granted, the applicants’ political career will be ruined. I wonder how? But even assuming that that would be the case, I would not be drawn into sympathising with a litigant’s prospective loss at the expense of applying the law as sympathetic judgments are to be frowned upon as guided by the Supreme Court of Zambia in the Revenue Authority versus Post Newspapers”, Judge Siyavwapa said.

Judge Siyavwapa then proceeded to throw out the appeal with costs.

“I therefore, find no merit in the application before me and I dismiss it with costs to be taxed in default of agreement”, Judge Siyavwapa said.

 

6 Comments

  1. Curtis

    Judge siyavwapa deserves a credit because we could see justice in his rulings without bias regardless of their affiliations.keep it up so that others could follow suit.We are left with questions as whether our judiciary has powers to exercise their rights as one of the three organs that give checks and balances to proper governance. My concern is while we give due respect to con court,why is it that others are not adhering to their ruling?

    • mumba kenneth

      Thanks for that ruling but if this case was with the ruling government Pf against the opposition party you would have heard a lot of saying. They would have even insulted the for no apparent reason.what type of opposition we have.

  2. Razor

    Nakachinda is now finished. He was fighting for political survival but he lost. His only hope now is to join the PF and hope that Edgar does not revoke his appointment as MP.

  3. Wilfred Chbale

    Honorable Mutati has got brains ,he saw it coming .Don’t be blinded by power ba Nakachinda

  4. Bornwell Simunka

    Comment Mr Nakachinda please don’t waste the court’s time & material.Just respect & accept Mr Nevers Mumba as MMD president.Save your money & swallow your pride.

Comments are closed.