By Agness Changala
The Lusaka High Court has dismissed an application by nominated member of parliament Raphael Nakacinda where he was seeking a declaration that his expulsion from MMD was invalid and void.
Nakacinda had sued Elizabeth Chitika in her capacity as MMD national secretary, seeking an order of interim injunction restraining her or agents from continued interference with his membership in the MMD.
He also wanted a declaration that his purported expulsion from MMD was illegal by reason of procedural impropriety and absolute defiance of the established rules of natural Justice.
But High Court judge Pixie Yangailo ruled that she could not grant Nakachinda an injunction when he was already expelled from the MMD party.
“It is common knowledge that when the matter of the plaintiff’s expulsion was debated in Parliament on June, 2020, the speaker ruled that he does not sit as an MMD member but rather as a PF nominee. This has not been disputed by the plaintiff. Looking at the pleadings herein, the plaintiff had already been expelled from the MMD party,” ruled judge Yangailo.
She said from the authorities she looked at, she was guided that where a person was expelled from a political party, there was nothing to restrain in relation to the membership of the party.
Judge Yangailo said granting the injunction sought by Nakachinda would akin to restoring his memembership of the MMD party, would disturb the status quo.
“The plaintiff stands expelled until the court rules otherwise and in my view, the injunction sought cannot be issued to restrain an event that has already occurred. Accordingly, I do not find that the plaintiff’s application for interim injunction has merit,” Judge Yangailo said.
“For the going reasons and having given due consideration to the affidavit evidence or record, I do not find that this is a case where it would be proper for this court to exercise its discretion by granting an interim injunction as claimed by the plaintiff. Accordingly, the application is dismissed with costs to the defendant, to be taxed in default of agreement,” ruled judge Yangailo. – Daily Revelation