The MMD is today expected to hold a national executive committee meeting to decide the fate of its two vice-presidents Dr Michael Kaingu and Dr Brian Chituwo along with Dora Siliya, Lucky Mulusa and Tobias Kafumukache a day after the Lusaka High Court dismissed the contempt of court case against the former ruling party president Nevers Mumba.
MMD national secretary Muhabi Lungu told the Daily Nation yesterday that he would be presenting a report to NEC members on the rebel members after they had refused to exculpate themselves over charges of indiscipline.
Yesterday, the Lusaka High dismissed the contempt case against Dr Mumba on account that the injunction to stop the MMD leader from going ahead with a NEC meeting was served on a Sunday.
High court Judge Eddie Sikazwe said the preliminary issues of the injunction which were raised by Dr Mumba Advocates contending that although there was a court order for an injunction it was served on a Sunday which was not in line with the High Court Order of the laws of Zambia.
Judge Sikazwe ruled that the second preliminary issue raised by Dr Mumba was to do with personal service of the MMD president could not render him (Dr Mumba) to be liable for contempt proceedings.
Judge Sikazwe added that the applicants Dr Micheal Kaingu and Dr Brian Chituwo knew that there was going to be a NEC meeting with a programme of electing a new National Secretary of the party.
Judge Sikazwe further added that the litigants before court were coming from one party, MMD and he therefore ordered no costs to either party.
This is in a case where the two MMD Vice Presidents Micheal Kaingu and Dr.Chituwo sued Dr Mumba and 34 NEC members for allegedly convening a NEC meeting which elected Mr.Muhabi Lungu as the party national secretary.
It was alleged that upon granting this order at around 13:00 hours then national secretary Chembe Nyangu was served with the same order at around 14:10 hours while preparing documents for the meeting at the Movement for Multi Party Democracy-MMD Secretariat by Messer Katolo and associates and he acknowledged receipt.
But Dr.Mumba disregarded the Court’s order of an injunction on the basis of that the court order could not be served on a Sunday and the disobeying of this court order was thereby lowering the Court’s dignity and authority.
And Mr Lungu said he NEC to be held today would decide what action to take against its rebel members and added that now that the court battle was over, it was important for the party to move forward to catch up with the time lost in mobilization.
Mr Lungu said while the ideal situation would have been to see reconciliation between the Dr Kaingu faction, discipline was cardinal for the smooth running of the party.
He said it would not help the MMD to have a small group of people moving in a different direction from the rest of the members because that was what was causing disunity in the former ruling party.
He said if there was going to a complete secession from maligning the leadership of Dr Mumba by those who had been calling for the removal of the MMD president, it would be prudent to consider reconciliation because the party was running out of time.
“We are having a NEC meeting tomorrow and I will be submitting my report over the disciplinary action that commenced against our colleagues. And the ideal situation after this episode should have been reconciliation but if you a small group in an organisation pulling in the wrong direction, then it is difficult to stay together. So NEC will decide on what action would be taken,” Mr Lungu said.