According to a statement of claim filed in the Lusaka High Court, Mr Nakacinda, a nominated member of parliament, is seeking a declaration that his expulsion was invalid and void.
He stated that he wanted the court to declare that his purported expulsion from the MMD was illegal by reason of procedural impropriety and absolute defiance of the established rules of natural justice.
Mr Nakacinda is further seeking an order of interim injunction restraining MMD national secretary Elizabeth Chitika either by herself, agents, servant or otherwise, from continuing to interfere with his membership in the MMD.
The complainant stated that in a letter dated June 22, 2020, Ms Chitika informed him that he had been expelled from the party on allegation of arrogance, insubordination and disregard for the party leadership.
He stated that Ms Chitika claimed, in the said letter, that the party was unable to save him a letter requesting him to attend a disciplinary hearing on November 15, 2019.
Mr Nakacinda alleged that the move was based on an exculpatory letter he rendered sometime in 2016 and by their own admission, the party proceeded to consider its failure to notify him of the then pending disciplinary hearing to amount to arrogance, insubordination and disregard for party leadership.
He stated that Ms Chitika accused him of holding meetings in Lusaka, Chipata, Luangwa and other places in the country and that he continued to bring the name of the MMD party into disrepute and slander, thereby injuring the name of the party and abrogating sections of the MMD constitution.
Mr Nakacinda stated that he was alleged to have failed to adhere to the conditions of his suspension restraining him, his agents and servants from having any dealings and contact whatsoever with party structures during the period of his suspension.
He stated that in the said letter, the party, through its national executive committee, using their supposed coherent powers purported to be vested in them by Article 52(2) and 19 (N) of the MMD party constitution, resolved to expel him with immediate effect from June 20, 2020.
He stated that he only became aware of the purported alleged offences against him on June 22, 2020, the date he was informed of his wrongful purported expulsion from the MMD.
Mr Nakacinda stated that the allegations levelled against him were never communicated to him prior to his wrongful purported expulsion from the party and that no formal charge of any purported misconduct was ever prepared against him or the same was not communicated to him.
He stated that by reason of the aforesaid, he has suffered loss, damage and inconvenience.
“The loss I continue to suffer at the hands of the defendant will be irreparable unless the defendant is restrained. No prejudice will be occasioned to the defendant by the grant of an injunction but the interest of justice will be saved. I undertake to abide by the conditions which may be imposed by the court as to damages should this injunction be deemed to have been erroneously obtained,” Mr Nakacinda stated, and is seeking any other reliefs the court may deem fit plus costs.