THE Lusaka High Court has been asked to restrain former president Rupiah Banda from filing nomination papers for the forthcoming presidential election.
MMD member Tobias Maliti has asked the High Court to grant him an interim injunction to stop Mr Banda from filing nomination papers with the Chief Justice who is the returning officer in the January 2014 presidential by-election.
Mr Maliti is also seeking an interim injunction to restrain MMD national secretary Muhabi Lungu from referring to Mr Banda as party presidential candidate until the matter was determined in court.
In his affidavit in support of ex parte summons for an interim injunction filed in the registry, Mr Maliti said until the court granted him an interim injunction restraining Mr Banda, he would suffer irreparable damages and that he would not have a chance to be nominated presidential candidate of MMD.
Mr Maliti has sued Mr Lungu as first defendant and Mr Banda as the second defendant.
“I am therefore praying for an injunction restraining the second defendant from lodging his nomination papers with the Electoral Commission of Zambia on or about 17th, 18th, or 19th December pending the hearing and determination of this matter.
“An injunction restraining the 1st defendant whether by himself, agents, or the members of the 1st defendant from continuing to present the 2nd defendant as the presidential candidate of the 1st defendant in the 20th January, 2015 presidential election pending the hearing and determination of this matter,” Mr Maliti has prayed.
He has said the MMD constitution did not provide for the national executive committee (NEC) to employ arbitrary methods in adopting, choosing or sponsoring a person to stand as party presidential candidate in an election.
Mr Maliti said he commenced proceedings to challenge the purported selection or sponsoring of Mr Banda as candidate because he believed that it was illegal and against the party constitution.
He said the NEC handpicked Mr Banda as an adopted, chosen, elected or sponsored candidate without an elective and transparent democratic process as provided for by the MMD constitution.
Mr Maliti said the action by Mr Lungu in choosing Mr Banda has disadvantaged him and others who were interested to contest as party presidential candidates in the event of a vacancy.
He said Mr Banda has launched his campaigns despite him not having been properly chosen to represent the party.
Mr Maliti said on or about November 18, 2014, Mr Lungu convened an alleged illegal NEC meeting which purportedly resolved that Mr Banda would be adopted, chosen or sponsored as presidential candidate without prior notice to all NEC members.
“The NEC conducted the purported selection of the 2nd defendant as the presidential candidate for the 20th January, 2015 presidential election instead of the MMD Electoral Commission as required under the MMD constitution,” he said.
Mr Maliti said the process employed by Mr Lungu in choosing or adopting Mr Banda was against procedures in the MMD constitution where all persons interested in contesting as candidate should have been invited and an internal election held as it was the case in 2001 and 2008.