SUSPENDED MMD president Nevers Mumba yesterday told the Supreme Court that the Lusaka High Court abrogated established principles when it discharged an application for interim injunction retraining party national secretary Muhabi Lungu from interfering in the office of the party president.
And the full bench of the Supreme Court led by Acting Chief Justice Lombe Chibesakunda has set tomorrow as the judgment day in this matter.
Dr Mumba said through his lawyer Bonaventure Mutale that the decision of trial judge Chalwe Mchenga was obliged to comply with well-established principles and meet required standards.
Dr Mumba asked the court not to refer the matter back to the High Court but retry it and make a ruling.
“Our submission is that the lower court abrogated its duty to determine the matter when all the facts were provided,” he said.
This is in the matter in which Dr Mumba was seeking an interim injunction restraining Mr Lungu from interfering in the operation of office of the party president.
But High Court judge Mchenga last week discharged the application for the interim injunction.
Dr Mumba speaking through another lawyer Nelly Mutti, said he was suspended from the party without following the due process of law so that he could not participate in the next month’s presidential by-election.
He said Mr Lungu and his team suspended him and proposed former president Rupiah Banda as the candidate in the election.
Dr Mumba said he was interested to be elected president of Zambia and Mr Lungu’s action to suspend him affected him greatly and it should be reversed.
Dr Mumba said the adoption of Mr Banda as presidential candidate showed that his suspension was meant to create a room for the former president to be adopted.
“If I was not interested to be president of Zambia we would not be in court today. My main interest was to participate in the election as presidential candidate,” he said.
Dr Mumba said the judgment of the lower court was misconceived as he spelt out the parameters of the relief he was seeking.
He said the function of the party president was defined in the constitution and that it would not be possible for the High Court judge to know the parameters of what he was seeking, adding that it could not be said that the appellant was not clear about the relief nor the injunction he sought.
Another lawyer Friday Besa said the ruling of the High Court was misconceived because it did not consider evidence on the documents.
He said the process of law and guidelines ought to have been set out when arriving at the decision to discharge the injunction.
Mr Besa said the lower court could have considered basic principles before the order was issued.
But Mr Muhabi Lungu’s lawyers Abud Shonga said the High Court judge followed the right process of law when discharging the application. He said even if the appellant might not like the outcome or court process, it was an interesting matter. Mr Shonga said there was no way Dr Mumba’s suspension could be reversed by an injunction because it was filed after the appellant was suspended.