LUNTE Member of Parliament (MP) Felix Mutati remains expelled from the MMD following the Lusaka High Court’s decision to refuse to restore his membership to the party.
High Court judge Mwamba Chanda said Mr Mutati could not be issued an injunction to restrain an event that had already taken place.
Ms Justice Mwamba said it was her considered opinion that an interlocutory injunction could not be issued to restore membership to a political party.
“I am also satisfied that the injunction sought in the matter before me cannot be issued to restrain an event that has already occurred,” Ms Justice Mwamba said.
Mr Mutati was expelled from the MMD on February 16, 2016, but he sought an injunction to restrain the party’s national executive committee from removing him from the party.
He wanted the Lusaka High Court to declare that his expulsion was null and void because the former ruling party had failed to charge him with any alleged offence he could have committed, to enable him to defend himself.
Mr Mutati said in his law suit against MMD national secretary Mwansa Mbulakulima that it was illegal, null and void for the MMD executive committee to try and curtail his decision to exercise his democratic right to call for a convention.
Passing ruling yesterday, Ms Justice Chanda said it was apparent that Mr Mutati had already been expelled from his party at the time he filed the application.
Ms Justice Chanda said the court would not grant an injunction which was bound to serve no useful purpose.