MMD West ex-officials lose case
By CHARLES MUSONDA LUSAKA High Court Judge Florence Lengalenga has dismissed the Western Province MMD executive committee’s application for an interlocutory injunction to restrain the ruling party’s national secretary, Katele Kalumba, from dissolving the committee.
This is in a case in which former provincial chairperson Namakando Simasiku and former provincial youth chairperson Njamba Musangu sued Dr Kalumba over his decision to dissolve the committee on October 5, 2009.
In her ruling, Ms Justice Lengalenga agreed with Dr Kalumba’s lawyer Henry Mbushi that the plaintiffs have failed to demonstrate their right to the relief they were seeking or even the irreparable injury they are likely to suffer if the injunction is not granted.
“In the absence of the plaintiffs’ proof of their right to relief and demonstration of the irreparable damage they are likely to suffer if this injunctive relief is not granted, I find that the balance of convenience weighs heavily in the favour of the defendant (Dr Kalumba)…,” Ms Justice Lengalenga said.
She said it is generally material to consider whether more harm will be done by granting or refusing the injunction.
Ms Justice Lengalenga said the balance of convenience weighs in Dr Kalumba’s favour following her decision not to grant the injunction.
“I, therefore, accordingly decline to grant the application and since costs follow the event, the plaintiffs are ordered to bear costs of this application. Any dissatisfied party is at liberty to appeal to the Supreme Court within the prescribed period,” Ms Justice Lengalenga said.
In the application for the injunction, Mr Musangu said the purported dissolution of the committee was made pursuant to clauses 46(1) (2) and 52(3) of the MMD constitution.
He said he had not received any notification of any reasons for the dissolution or charges, nor had any other committee member been notified of any wrongdoing.
Mr Musangu said there were fears that Dr Kalumba would proceed to dissolve the entire committee without just cause if the injunction was not granted.
He argued that unless an injunction was granted, Dr Kalumba would proceed to act unlawfully and dissolve the committee.
But in his defence, Dr Kalumba said he dissolved the committee to reorganise the party in the province and exhibited a copy of the notice to all members of the executive committee.
He stated that he did not see what the court would stop him from doing as he had already taken the action.
Dr Kalumba also deposed that the plaintiffs’ affidavit did not disclose any legal right, irreparable damage or inconvenience they would suffer if the injunction were not granted.
“The work of a provincial party official is voluntary, like that of a member of the national executive committee, and no monetary gain is derived from such pro bono services and the plaintiffs would not suffer any legal or monetary losses,” he said.
Dr Kalumba said as chief executive officer of the MMD, his functions include organising and re-organising the party organs.
He said if he did not dissolve the Western Province MMD executive committee, the MMD would have suffered disorganisation and the damage would have been irreparable.
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