Kelvin Fube loses first round to Linda Kasonde
The Lusaka High Court has dismissed an application by Kelvin Bwalya, Rabson Malipenga and Hobday Kabwe to, among others, change the time for tomorrow’s LAZ extra ordinary meeting from 08:00 hours to 11:00 hours.
The court says it cannot be invited to make orders or grant reliefs for actions which are not supported by a claim of action for determination.
Fube, on behalf of the PF moved a motion to impeach the Linda Kasonde-led LAZ executive on grounds that the association was relentlessly issuing attacking statements against the PF government.
LAZ allowed the motion and set tomorrow, April 29 as date for the Extraordinary General Meeting where association members could pass a vote of no confidence against Kasonde if they so wished.
Fube then went to court, demanding that the association adopts his proposed procedure for the impeachment process.
But High Court judge Mathews Zulu threw out KBF’s application.
“The court cannot be invited to make orders and grant reliefs which are not supported by a claim of action for determination. The applicants ought to show how their rights and statutory instruments number 55 of 1996 have been violated,” read the ruling.
“It is the view of this court that the reliefs sought in the originating summons could have been properly addressed to the respondent in accordance with the prescribed rules governing the association.”
Judge Zulu noted that the LAZ executive did not refuse to abide by the association rules.
“Only when LAZ refused to abide by its own rules would the courts be invited to protect the rights of its fully paid up members like the applicants. For the reason given above, I do not feel it necessary to discuss the other grounds relied upon to dismiss the action. I accordingly allow the application and dismiss the proceedings commenced by originating summons,” said judge Zulu.