CHONGWE member of Parliament Sylvia Masebo should not be granted an interim injunction to restrain the Patriotic Front party from suspending or expelling her because it would be an abuse of the court process, says PF secretary general, Davis Chama.
In the affidavit in opposition of the application for injunction filed in the Lusaka High Court on Tuesday, Mr Chama argued that Ms Masebo was expelled from the party on February 24 and was informed by senior PF members and that the Speaker of the National Assembly was also informed.
Mr Chama said the action Ms Masebo was trying to prevent by an application for injunction had already happened and the injunction even if it was granted would serve no purpose as she was no longer a member of the PF.
He said Ms Masebo had not gone to court with clean hands and that she was trying to create academic proceedings.
“The plaintiff legally crossed the floor of Parliament when she broke the rules of the game by receiving huge sums of money, goods, and campaign materials of a well-known opposition presidential candidate Hakainde Hichilema, which she distributed while issuing derogatory and disparaging remarks against the party president,” Mr Chama said.
Mr Chama said Ms Masebo also claimed that the party president, her fellow member of Parliament at that time, was a reckless drunkard who would embarrass the country when elected President.
He said during her suspension, Ms Masebo did not show any signs of remorse or regret and in fact shared the same podium with Mr Hichilema in Mtendere.
In her affidavit in support of ex parte summons, Ms Masebo said she had been reliably informed that the decision and process to expell her from the party had already been made
“By reason of the aforesaid, I have suffered damage, loss, inconvenience, irreparable injury and I am liable to lose my parliamentary seat owing to the defendant’s unjustifiable actions.
“I humbly request this honourable court for an order of interim injunction restraining the defendant whether by himself or his agents, from suspending and expelling me from being a member of the Patriotic Front (PF) until the determination of the case,” she said.
Ms Masebo said she would continue to suffer irreparable injury and undue inconvenience if the injunction was not granted, adding that it was a matter of urgency considering the serious issues she had raised and a “good arguable claim” that she sought to protect until the full determination of the matter.