Rupiah Banda sued

By PERPETUAL SICHIKWENKWE –
AN MMD official has dragged former Republic president Rupiah Banda to court seeking an injunction to restrain him from contesting the January 20, 2014 presidential election on the MMD ticket.
MMD Copperbelt provincial treasurer Tobby Maliti wants the Lusaka High Court to block Mr Banda from holding himself as the Presidential candidate adopted, chosen, elected and sponsored by the MMD.
That Mr Banda should not be allowed to file nominations to the Electoral Commission of Zambia (ECZ) as a candidate adopted and sponsored by the MMD until the matter is disposed of.

Mr Maliti of house number B3 Maina Soko close Kalulushi, Copperbelt, further wants the court to grant him an injunction restraining MMD secretary general Muhabi Lungu from presenting Mr Banda as the MMD presidential candidate in the January 20, 2015 Presidential election.
He said that if the court does not stop Mr Banda and Mr Lungu, he will suffer irreparable damages.

Mr Maliti stated in his writ of summons that he was aware that in 2001 and 2008 when the vacancies arose in the position of the president of MMD, the MMD national executive committee (NEC) had an internal elective process for its president after opening and receiving nominations from interested members.
He charged that in November 2014 Mr Lungu convened an illegal meeting of the NEC through which it was purportedly resolved that Mr Banda be adopted, chosen or sponsored as MMD presidential candidate in the January 20, 2015 Presidential election.
Mr Maliti further stated that NEC adopted Mr Banda as its candidate in the absence of a vacancy in the MMD because as far as he is concerned, there was no vacancy since Nevers Mumba was there.
He said that the NEC held a meeting to adopt Mr Banda without prior notice to all NEC members and the selection was done by NEC instead of the MMD electoral commission as required by Article 52 (1) of the MMD constitution.

Mr Maliti further stated that NEC proceeded with the adoption of Mr Banda as MMD presidential candidate without first declaring a vacancy to all members so that those who were interested could contest.
The mode used by Mr Lungu to select Mr Banda disadvantaged him and others who were interested to contest as party presidential candidate.
Mr Maliti said that Mr Banda has even started campaigning despite him knowing that he was illegally adopted and that unless he is restrained by the court, he will file his nomination with the ECZ and subsequently participate in the presidential elections.
Judge-in-charge Isaac Chali has since taken over presiding of the matter.

Times of Zambia