There must be something wrong with MMD National Secretary Chembe Nyangu. Put simply, this is what happened when you receive money to do something you don’t believe in. The Watchdog has always said that the people who have been paid to destabilise MMD will not succeed and their current effort to use the court to fight their battles will fail as well.
Nyangu, as MMD has filed an application in the Lusaka High Court to strike out a case in which the party’s two embattled vice-presidents Michael Kaingu and Brian Chituwo, want party leader Nevers Mumba and 34 others cited for contempt of court.
In this case, Kaingu and Chituwo, obtained a High Court order restraining the MMD from proceeding with an extraordinary national executive committee (NEC) meeting a fortnight ago but was not delivered to party leader Nevers Mumba.
With full support of Nyangu, Kaingu and Chituwo applied to the High Court to cite Mumba and 34 other NEC members that went ahead to hold the extraordinary party meeting.
Nyangu on Tuesday filed an affidavit verifying communication of the injunction of April 27 that was granted by judge Eddie Sikazwe, where he stated that after he notified Mumba about a restraining order stopping members from holding an extraordinary national executive committee meeting at Lusaka’s Kapingila Guest House, Mumba told him he would not entertain an injunction served on him on Sunday.
However in a complete turnaround, Nyangu on Friday filed another affidavit in support of summons to strike out the writ for irregularity.
He stated that Kaingu and Dr Chituwo took out a writ of summons and statement of claim against the MMD on April 27, which was a Sunday.
Nyangu stated that the said writ of summons did not disclose the electronic addresses of either the plaintiffs or the defendant.
He further stated that Kaingu and Dr Chituwo purported to have taken out the proceedings for and on behalf of the MMD and not in their personal capacities.
Nyangu, however, stated that the proceedings were against the MMD, adding that there was no authority granted to Kaingu and Dr Chituwo to institute proceedings in the name of the party in such capacities.
“My advocates advise me that the statement of claim and writ of summons do not disclose a cause of action or interest that is sought to be protected,” he said.
Nyangu added that clause 15 and 41 of the party constitution had not been abrogated in any way and interpretation of the same could bring the matter to a close.
This matter comes on May 12 for hearing.