High Court upholds injunction


THE High Court has upheld an injunction granted to former 400 metres world  hurdles champion Samuel Matete and four others restraining Zambia Amateur Athletics Association (ZAAA) general secretary Phil Kubombela from disqualifying them as candidates at the annual general meeting (AGM).
ZAAA disqualified Matete, Christopher Manda, Jonathan Chipalo, Judith Chaongapa and former 100m champion Carol Mokola from contesting for the top position.
High Court judge Chalwe Mchenga, in his ruling delivered yesterday, said the interim one is not a mandatory injunction ordering the association to hold an AGM but that the five should be allowed to participate in the elections once it decides to do so.
“I find that plaintiffs have established there is a serious issue to be tried, the circumstances in which the rules in the form were arrived at is crucial to their claim,” Justice Mchenga said.
He noted that the ZAAA sets out provisions for holding elections and it provides that the procedure and nomination forms will be adopted as an AGM, adding that it does not provide that an aggrieved person must appeal to the Minister of Youth and Sport.
Justice Mchenga said the injunction granted to the five stops the defendants from convening and holding elections until the judgment of the court or further order.

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