Nothing Will Save Mutati

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Movement for Multiparty Democracy (MMD) acting spokesperson Reuben Sambo says that the expulsion of Lunte Member of Parliament Felix Mutati from the party is final and nothing can save him. This is because the decision was made at a legally constituted extra-ordinary National Executive Committee (NEC) meeting and the NEC is the highest party organ between conventions.

Rev. Sambo said that the NEC has powers according to the MMD constitution to deal with any disciplinary case, including that of NEC members as per Articles 19(l), 19(n) and in the Disciplinary Regulations in the Appendix in sections 3, 4, 6 and 7. He said that Mr Mutati has no leg to stand on and press briefings, public demonstrations and any other such unbecoming conduct by Mr Mutati shall not make things any better for him.

Rev. Sambo asked why Mr Mutati has taken four weeks to respond to the issues of double-dealing that were earlier raised by National Treasurer Elizabeth Chitika when she revealed that Mr Mutati features on an official 2016 UPND calendar as a party official. Rev. Sambo wondered whether Mr Mutati is only responding now that he has been expelled.

He further noted that the only thing that he agrees with Mr Mutati is that MMD is not dead and it is no wonder there is such a vicious fight for the heart and soul of the party. Mr Mutati and other “ba muselela kwakaba” [chancers] are trying to take over the party after being in hibernation the last 4 years and contributing nothing to its advancement.

On the issue of the recent statement by suspended spokesperson Raphael Nakacinda that the action to suspend him by the NEC is a “sham”, Rev. Sambo said that Mr Nakacinda actually attended the NEC meeting and even spoke until he was suspended. He said that Mr Nakacinda is just complicating his case while investigations into allegations against him are ongoing.

Rev. Sambo said that Mr Nakacinda is jumping the gun by publicly talking about being given a chance to exculpate himself when he was only been suspended. A suspension does not require exculpation but only comes in when charges are laid against him in due course.

MMD CONSTITUTION: RELEVANT ARTICLES
ARTICLE 19
(l) to have the power to suspend any member of the Party for serious misconduct or violation of the Constitution;
(n) to deal with disciplinary matters of all members for serious misconduct or violation of the constitution and where necessary expel any member from the party;

DISCIPLINARY REGULATIONS
3. (a) Any member of the party who violates the provisions of the party Constitution, Regulations, Rules, Orders, Directives or Decisions or acts in a manner detrimental or prejudicial to the Party interest or objective shall be liable for disciplinary action.

4. (b) National Executive Committee members shall be disciplined by the National Executive Committee and their appeal shall lie an adhoc Disciplinary Committee specially elected for the purpose of hearing a particular appeal.

(c) The National Executive Committee shall have both original and appellate jurisdiction in all matters affecting the discipline of party members.

6. (b) National Executive Committee members shall be disciplined by the National Executive Committee and their appeal shall lie an adhoc Disciplinary Committee specially elected for the purpose of hearing a particular appeal.

(c) The National Executive Committee shall have both original and appellate jurisdiction in all matters affecting the discipline of party members.

6. Offences against the party shall include:-
(a) Contravention of provisions of the party Constitution, Regulations, Rules, orders or decisions.
(b) Conduct likely to bring the name of the Party into contempt, ridicule or disrepute.

7. Penalties against Members
(d) The National Executive Committee shall have power to expel a member from the Party for a serious or repeated misconduct.

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