The Supreme Court has ruled that the official candidate for the Movement for Multi Party Democracy to contest the forthcoming by election is Nevers Mumba. The Supreme Court also affirmed that as a Supreme Court has powers to determine any matter.
At issue were the decision of a meeting by the National Executive Committee (NEC) held on 18th November 2014 which decided to suspend Nevers Mumba and adopted Rupiah Banda as the MMD Presidential Candidate and the court injunction issued by the High Court and obtained by Nevers Mumba.
The Supreme Court said the High Court erred by failing to consider facts submitted by Mumba in his application for an interim court injunction and ignored those facts when discharging the injunction.
The Supreme court however accepted that the High Court Judge did not evaluate the affidavits signed by Nevers Mumba. The Supreme court said that court injunction given to Nevers Mumba by the High Court was lawfully issued at exparte stage but was not properly discharged at the interparty hearing as facts submitted by Mumba were not properly considered.
The two hour Judgment was read on behalf of the full Supreme Court Bench by former Attorney General and new Supreme Court Justice Mumba Malila as Acting Chief Justice Lombe Chibesakunda was conducting presidential nominations.
The Supreme Court also dismissed two preliminary issues raised by Muhabi Lungu. It also dismissed a cross appeal that was made by another individual.
The Supreme Court also stated that it is allowed to hear extra information that would help the course of Justice and was not confined to facts from the High Court but will not allow an appeal on matters that were not discussed.
The Supreme Court also accepted the certificate of urgency filed by Nevers Mumba as any delay would escape the benefits accruing to the Plaintiff. The Supreme Court dismissed Muhabi Lungu’s concern that there was no urgent matter. Mumba also stated that he was the lawful candidate for the forthcoming Presidential by- elections. This is the case in which Movement for Multiparty Democracy (MMD) Nevers Sekwila Mumba appealed a decision of the High Court that declared former President Rupiah Bwezani Banda as the Presidential Candidate. Mumba is also challenging the decisions of an NEC Meeting that suspended him and picked Mr. Banda as the Presidential Candidate for the MMD.