NATIONAL Democratic Congress secretary general Bridget Atanga has asked the Lusaka High Court to throw out the matter in which Mwenya Musenge is seeking to nullify the appointment of party president Chishimba Kambwili. According to a notice of motion to raise preliminary issue, Atanga says the case in which Musenge wants the court to declare him as the rightful secretary general and to stop Kambwili and Atanga from parading as party president and secretary general to be dismissed for being inherently defective as the entire action is based on the NDC draft constitution which has not yet been effected and adopted by the NDC.
She asked the court to determine whether or not Musenge, the member of the central committee in charge of chiefs and traditional affairs, had any locus standi to sue for and on behalf of NDC while seeking reliefs in persona. Atanga prays that the court should determine whether or not the suspended secretary general had any locus standi before the court as he was seeking to enforce inoperative provisions of the NDC constitution. Atannga is further seeking the court’s determination of whether Musenge’s claims were capable of being litigated before the High Court.
“The plaintiff has not attended the party’s past five meetings of its interim leadership since the past four to five months and has never been authorised by the party to commence the action at all,” Atanga stated.
She stated that Musenge’s claims in his writ of summons and statement of claim were based on the contents of the draft NDC constitution, which was not yet operative as it had not been adopted by the party’s congress in line with Article 18 of the draft constitution. She contends that Musenge’s pleadings do not disclose a cause of action and could not be amended as it was based on the NDC draft constitution, which had not yet become operational. Musenge in this matter wants the court to order the nullification of the proceedings and appointments of the meeting held on April 18, 2019 for being illegal.
He argued that no presidential election have been held since the inception of the party and as such all decisions made by the former member of parliament for Roan, Kambwili, in his capacity as party president, were null and void.