FIVE expelled MMD members of Parliament have challenged their expulsions from the party and have applied for an interim injunction in the Lusaka High Court restraining party national secretary Mwansa Mbulakulima from suspending and expelling them.
Kasempa Member of Parliament Kabinga Pande, who until his expulsion was MMD national chairperson, said their purported expulsion was contrary to the rules of natural justice as they were not given a fair hearing and an opportunity to defend themselves.
Other legislators are Levy Ngoma (Sinda), Felix Mutati (Lunte), Situmbeko Musokotwane (Liuwa) and Kenneth Chipungu (Rufunsa).
According to statements of claim filed separately in the court yesterday, the lawmakers are asking the court to declare their purported expulsions illegal, null and void.
They said they were asking the court to make a declaration that they were still members of Parliament and bonafide members of the former ruling party.
They contend that Mr Mbulakulima has not only breached the provisions of MMD constitution but also the rules of natural justice.
Mr Pande said the decision to expel him was contrary to the disciplinary procedure as enshrined in the MMD’s constitution.
He said he was not informed of the allegations levelled against him and that he was never informed of the convening of the meeting where the decision of his purported expulsion was arrived at.
Mr Pande said as a result of not being informed of the allegations, he has not had the opportunity to be heard.
Mr Pande said he has suffered damages, loss and inconvenience.
In his statement of claim, Mr Mutati said his endorsement and support of another presidential candidate in the January 20 election infuriated some sections of the MMD.
He said following the loss of MMD presidential candidate Nevers Mumba, Mr Mbulakulima issued a statement expelling him and other MPs from the party.
Mr Mutati said he should not be expelled from the party for endorsing and supporting a presidential candidate of his choice.
He said Mbulakulima did not have the power to expel members from MMD and he was not served with an expulsion letter and as such his expulsion was illegal.