Muhabi holding MMD position illegally – Kaingu

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MMD vice-president for politics, Michael Kaingu has charged that Muhabi Lungu cannot claim to be national secretary of the MMD because his election is null and void.
Dr Kaingu has submitted to the court that the order granted by the Lusaka High Court to restrain the MMD from convening a National Executive Committee (NEC) meeting that saw the election of Mr Lungu as national secretary was lawful as such, he was illegally holding the position.
Dr Kaingu and MMD vice president for administration, Brian Chituwo have asked the court to cite party leader Nevers Mumba and others for contempt for disobeying a court order not to go ahead with a NEC meeting that elected Mr Lungu.
Dr Kaingu requested the court to sustain the application to have Dr Mumba and 34 others cited for contempt insisting that deputy national secretary, Chembe Nyangu was the right person to be served with the court order.
Mr Nyangu last week opposed the application by Dr Kaingu and Dr Chituwo asking the court to strike off the matter on grounds that it was irregularly taken to court and that nobody gave the two the
authority to sue the party in their capacities as vice presidents.
But in his affidavit in opposition to notice of motion to raise preliminary issues on notice of motion for an order of committal filed yesterday, Dr Kaingu said the order of April 27, 2014 granted by Judge Eddie Sikazwe restraining the MMD or its agents from convening the NEC meeting to elect Mr Lungu was lawful, as such, his election was null and void.
He stated in his affidavit he swore on his behalf and that of Dr Chituwo that it was not in dispute that the order of the court was served on Mr Nyangu on behalf of the MMD but Dr Mumba and others
decided to go ahead with the meeting.
Dr Kaingu said the request by Mr Nyangu to have the matter thrown out was misplaced and misguided because he (Mr Nyangu) was the right person to be served with the order.
He said it was not legally tenable to serve or show a copy of the order of the interim injunction on Mr Lungu and other contemnors as they were not the defendants in the main cause.
He said the order was served on the alleged contemnors on the same day when the NEC meeting was convened hence waiting until Monday would have defeated the whole purpose of the order of an injunction.

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