Lusaka High Court judge Sharon Newa is expected to make a ruling on whether to send Acting National Secretary for the MMD faction led by Dr Nevers Mumba Winnie Zaloumis to seven days imprisonment for refusing to answer questions in court during cross examination in the case she is challenging the presidency of Felix Mutati.
This follows an application by the reappointed lawyer for the Felix Mutati led faction’s lawyer who has asked the court to send Ms Zaloumis to prison for refusing to answer questions that are legitimately being put to her.
Ms Zaloumis who is under cross examination has told the court that her prayer to the court is to make an order to the Registrar of Societies to have her recognized as the Party’s acting National Secretary from the period of March 14, 2016 to date.
She has told the court that she was not elected at any party convention adding that she is appearing in court in her capacity as acting National Secretary for the MMD.
And when asked by Mr Mutati’s lawyer Jonas Zimba when Reverend Reuben Sambo became the MMD National Secretary she has said she us not sure and when further asked when Elizabeth Chitika also hold the same position, she says they had a meeting at Ibis Gardens in Chisamba and when asked whether it was at the same meeting where Ms Chitika was elected the National Secretary, she told court that she chose not to answer the question.
Mr Zimba then begged Ms Zaloumis to answer that question but she insisted that she chose not to answer.
It was at this point when Mr Zimba made his application pursuant to section 150 of the Criminal Procedural code to take the witness to prison for a period of seven days for refusing to answer questions that are legitimately asked before court.
Ms Zaloumis’s lawyer J. Madakai then rose the court that the matter before court was a civil matter and Mr Zimba was not within the lawyer to make a criminal application under a civil matter.
He adds that it was unfair that one side make an application then the other side is not given an opportunity to respond.
And another lawyer Mulambo Haimbe argued that the application is not applicable to this witness and he prays that the court dismisses it because it has been quoted out of context.
The court has reserved its ruling to this afternoon.
Meanwhile, MMD National Secretary for the Mutati group Raphael Nakachinda has assured the party supporters who came in numbers at the High Court ground that they should not worry as their party president Mr Mutati was doing fine.
He says despite any humiliations Mr Mutati still remains firm and will continue growing the party.