The ongoing battle for the leadership of the MMD looks set to drag on as the Felix Mutati-led faction plans to call 500 witnesses including Nevers Mumba’s lawyer Jear Madaika.
And the Lusaka High Court has set May 3, 2019 as the date it will hear an application to have the plaintiff’s Madaika subpoenaed to appear as a witness for Felix Mutati.
When the matter came for defence in the Lusaka High Court today, the defendant’s lawyer Jonas Zimba made two applications.
Zimba submitted that the plaintiff’s lawyer be subpoenaed to stand as a defence witness and that they also wanted to make a counter claim to which the court agreed and set the date for hearing to 3rd May 2019.
Earlier the plaintiff’s lawyer had argued that with 500 witnesses expected from the defense the court should not allow the application to be heard as the court cannot waste time any longer.
But Zimba said the matter was coming up for defence and that the applications were key to the defendants case.
He said the applications would help lay a foundation for a properly constituted defence and that the business can only be properly transacted if the applications are ahead.
On the issue of time wasting, Zimba said Justice cannot be hurried.
Meanwhile, Mutati says he is in court to defend the party Constitution.
“I think our position is very clear. The starting point as a party is we have to defend the MMD Constitution. The MMD Constitution is supreme and that is why we are fighting the matter in court.
“Today’s events are very clear. We need to lay a firm foundation for our defence and we are not going to leave out any elements that makes clear the defence that we have got for our people, for democracy and the Constitution it is for that reason that we have made two applications. An application to subpoena the lawyer and an application for counter claims because they form part of the core of our defence. The lawyer lended an opinion which we shall interrogate in court.
“The counter claim is the matter that was referred from the Constitution Court into the High Court which forms part of the entire justice system and for us it’s important that we start from the correct starting point. First we hear the application and then we shall bring our witness, our witnesses are eager to stand on the witness stand so that they can be able to talk for themselves regarding the convention which we held but we are saying let’s do things in an orderly manner we start with laying the foundation,” he said