(By Isaac Zulu and Andrew Chileshe)
RAPHAEL Nakacinda, the Felix Mutati led MMD faction national secretary, has written to all party structures to “properly guide members” on the recent ruling made by the Supreme Court that sat in Kabwe last week.
But MMD national secretary Elizabeth Chitika Molobeka has advised party members and the general public not to be caught up in Nakacinda’s deceit, warning all that dealing with him is being done at their own risk.
In a circular dated April 12, 2018 to all provincial, district and constituency executive committees, Nakacinda explained that his group applied to the Supreme Court to refer the grievances and the attempt by Nevers Mumba to challenge the resolution of the [disputed] convention, which was held in May 2016 to the Constitutional Court because the group strongly believed that any issue to do with the convention was constitutional at law and, therefore, fell under the jurisdiction of the Constitutional Court.
“I write to give instructions to all party structures to properly guide all members and, indeed, the public. On Tuesday 11th April 2018, we appeared before the Supreme Court in Kabwe as a result of an application that we had made. The application we made as a party was seeking the Supreme Court to be able to refer the grievances and the attempt by Dr Mumba to challenge the resolution of the convention which was held in May 2016 to the Constitutional Court. We applied that the matter be referred to the Constitutional Court because now political parties are no longer governed by rules and conditions of a club. On the contrary, political parties are recognised in the Constitution under Article 60 and its sub-articles. This constitutional provision also provides that political parties must conduct intra-party democracy by way of having regular elections as stipulated in their party constitutions,” read Nakacinda’s circular in part.
“We strongly believe that any issue to do with the convention by virtue of those provisions in our Republican Constitution make those matters Constitutional at law and, therefore, they fall under the Constitutional Court. It is that counter application to transfer the matter to in its entirety to the Constitutional Court that was denied first in the High Court and guidance was given that we should have gone directly to the Constitutional Court. We appealed against that decision because of our understanding that any constitutional matter must be heard by the Constitutional Court, which the Court of appeals agreed with us.”
But Chitika stated in a statement that Nakacinda had no authority to act in the name of MMD.
“He has no authority to act in the name of our party. The title he is using should not fool any clear thinking member of the MMD. Avoid to be caught up in his deceit. Just think about why Hon Felix Mutati, the imposed president, has avoided to use the title of president of MMD. Everything presented in the circular is a big lie and that should tell you a lot,” Chitika stated.
“The party had not appealed before the Supreme Court; it is him (Nakacinda) on behalf of the four (4) whom the party have sued, who had drawn out an appeal against the party. This is because they have failed to produce evidence of the authority, which they used to organise the fake convention in May 2016. Consequently, they resorted to employing delaying tactics in the court with the view of dragging the process out to 2021.”
Chitika stated that Nakacinda was lying about the matters before court.
“The Supreme Court did not advise Nakacinda to go to the Constitutional Court nor did they confirm any ruling from the Appeals Court. Instead, they (Court of Appeal and the Supreme Court) dismissed the appeal because it lacked any merit and consequently slapped them with costs for the entire action. The honourable justices would not be fooled by the misdeeds and lack of seriousness brought to them by Nakacinda,” Chitika stated.
“There is no road to the Constitutional Court. However, if he so wishes to go there, good luck to him and his friends. The appeal that the four made has nothing to do with the case for which they have been sued (to state what authority they had to convene a convention) instead they were mischievously asking the court to refer our case to the Constitutional Court (only they know why?) The party, through the National Secretary, is not challenging a resolution of the illegal convention, but the whole convention with all that came from it. This includes the so called name changes to the office bearers at the registrar of Societies.”
Chitika said very soon all the misdeeds done in the name of the MMD will be prosecuted.
She maintained that Nevers Mumba was the President of the MMD.
“We advise all who are aligned with the four (Nakacinda, Mutati, Mwansa Mbulakulima and George Kangwa to realise that their lies will not last long. Soon the whole truth will be known. Soon, when the day of reckoning dawns, all misdeeds done in the name of the MMD will be prosecuted fully and firmly. For the record, Dr Nevers Mumba is the president of the Movement for Multiparty Democracy. We warn all and sundry that dealing with Nakacinda is being done at your own risk,” stated Chitika.
Meanwhile, Canada based Zambian lawyer Elias Munshya has asked why Mutati is insisting on going to the Constitutonal Court if he was the president of the MMD.
“To get what remedy? If the remedy you want is to have the Constitutional Court declare that the MMD must have a convention every five years, there you can have it. And then what? There is no way the Constitutional Court will pronounce Mutati or Nakacinda as MMD president and secretary,” Munshya wrote last Friday.
“Let us assume that Nevers Mumba’s MMD indeed did not go for a 5-year mandated convention, would that in itself be fatal to his claim on the MMD? My answer? No. What remedy does a person have who finds himself in a party that doesn’t go for a convention after 5 years? Is it legally justifiable to undertake a coup because the party hasn’t gone to the convention? That my friends is the issue the liar Nakacinda and liar Mutati will be facing. If the MMD constitution mandates a convention every 5 years, and the party abrogates the constitution by not going for a convention, is Mutati justified to call his own convention and then declare himself president? If indeed it is a convention they want the court to force upon the MMD, there’s a remedy for that. However, there is no remedy for Mutati who succumbed to the temptation of vanities by imposing his convention upon a party that refused to hold one, according to his wishes.”