Lusaka High Court judge Ruth Chibbabbuku has dismissed a matter in which expelled NDC secretary general Mwenya Musenge wanted the court to declare that Chishimba Kambwili is not party president.
During a press briefing on April 18 this year Kambwili announced that he had officially accepted to lead NDC.
He also announced that Musenge had been dropped from the position of Secretary General to member of the central committee in charge of chiefs and traditional affairs, and that he had been replaced by Bridget Atanga.
But on May 3, Musenge sued Kambwili and Atanga in the Lusaka High Court, seeking an order nullifying all appointments that were made on April 18, as well as, an order recognizing him as the rightful Secretary General of the party.
He was also seeking for an injunction restraining Kambwili from portraying himself as party president.
But in a ruling on preliminary issues on points of law delivered on July 16, Judge Chibbabbuku upheld the preliminary issues in which the defense argued that Musenge’s petition was invalid because he based it on a party constitution which was inoperative.
“It is for this reason that our own Societies Act under Section 6 provides for the adoption of the constitution as one of the requirements in being a precursor for the consideration of an application for registration of a society or political party. It is apparent therefore from the affidavit evidence before this court that at the time the plaintiff commenced this action there was no valid constitution in place as the requisite meeting by the National Democratic Congress Party to adopt the same had not yet taken place. It goes without saying therefore that the Plaintiff does not have locus standi on which to commence this action whether for and on behalf of the party or in personam,” read the ruling.
“The upshot of the matter is that the prelim binary issues raised by the defendants have merit and this cause of action is dismissed in its entirety for being incompletely before court.”