NDC chairperson for chiefs and traditional affairs Mwenya Musenge has sued Chishimba Kambwili in the Lusaka High Court for masquerading as party president. Musenge, who was dropped from his position as NDC secretary general, is seeking an injunction to restrain Kambwili from personating as party president. The former Copperbelt Province minister who has also cited Bridget Atanga, a member of the national governing committee, wants the court to nullify all the appointments made during a meeting held on April 18 saying they were illegal.
According to his statement of claim, the applicant stated that he was the right secretary general of the NDC and not Atanga as her appointment was illegal. He stated that Kambwili had always been a consultant of the party while Atanga was a member of the national governing committee of the party since its formulation. Musenge stated that since the party’s inception, he had always been the secretary general and the chief executive officer of NDC and had immensely contributed to the party’s existence being formalised, as well as, its operations.
He stated that Kambwili was only a consultant of the party but a member of the Patriotic Front during the birth of the party. Musenge stated that contrary to the party’s constitution, the defendants on April 18 held an illegal party meeting where Kambwili imposed himself as party president without authority or his consent.
“The plaintiff will aver at trial that Kambwili imposed himself as the party president of NDC to which extent he held an extraordinary national governing committee meeting of the party,” Musenge’s statement read.
Musenge contends that the meeting which was “illegally convened” was attended by 22 people, which was not in conformity with article 18(3) of the party constitution which stipulates that all members of the national governing committee must be in attendance.
“The meeting did not have up to 1,000 delegates from each province in attendance, including the party secretary general, as it was called by the deputy secretary general who did not have consent from the plaintiff,” Musenge claimed.
He further claimed that the quorum was not held and the meeting was illegal because Kambwili was not elected president at any national party congress set out in article 20 of the constitution.
“The first defendant acted outside the scope of the consultancy duties by making appointments during the said meeting and dropped him from his position as SG replacing him with Atanga” Musenge stated.
He added that Kambwili’s appointments was null and void as he was not the party president of NDC and that the powers to make appointments were not vested in him. Musenge wants an injunction restraining Kambwili from portraying himself as president of the party and making decisions or actions of the president. He wants an order nullifying the appointments made during the “illegal meeting” and an order recognising him as the rightful secretary general.
Musenge also wants costs and any other relief the court might deem fit.