Lusaka ~ Sun, 27 Sept 2020
By ZR Reporter
Lusaka High Court judge Pixie Yangailo on Friday ruled that Patriotic Front (PF) Nominated Member of Parliament Raphael Nakachinda remains an expelled member of the Opposition New Hope Movement for Multi-party Democracy (MMD) and has thrown out an injunction application by Mr Nakachinda with costs.
This was in a matter in which Mr Nakachinda sued the MMD in the Lusaka High Court seeking a declaration that his purported expulsion from the Party is invalid and void.
He sued Mrs Elizabeth Chitika in her capacity as MMD National Secretary.
Mr Nakachinda further wanted an order of interim injunction restraining Mrs Chitika either by herself or Agents from continued interference with his membership in the MMD.
He further wanted a declaration that his purported expulsion from the MMD was illegal by reason of procedural impropriety and absolute defiance of the established rules of natural justice.
However, according to an affidavit in opposition to a summons for an order of interim injunction filed, MMD Deputy National Secretary Gregory Mofu argued that Nakachinda was dully expelled in accordance with the provisions of the Party constitution and that by articles 52 (2) and 19 (n) of the said constitution, the MMD NEC had powers to take disciplinary remedies.
In Passing her ruling on Friday, judge Yangailo agreed with the defendants that Mr Nakachinda had been expelled from the MMD.
“The Affidavit evidence demonstrates that Nakachinda had been expelled from the MMD party. It is also common knowledge that when the matter of the plaintiff’s expulsion as debated in parliament on 27th June 2020, the speaker ruled that the plaintiff does not sit as an MMD member but rather as a PF nominee. It his has not been disputed by the Plaintiff,” judge Yangailo said.
Judge Yangailo declined to give him an injunction because he remained an expelled MMD Member.