People’ Party president Mike Mulongoti has warned UPND vice president Geoffrey Bwalya Mwamba that he can now be expelled as he no longer enjoys the protection of the courts after withdrawing the injunction that was restraining the ruling party from excommunicating him, Mike Mulongoti has said.
Mr Mulongoti, who is People’s Party president, said Mr Mwamba has effectively and principally lost the protection of the court from being expelled by abandoning the original court process and embarking on another legal action.
Mr Mwamba who has insised that he is still a Patriotic Front member of Parliament for Kasama Central on Friday dropped the case in which he had challenged his expulsion through a court injunction and instead filed a petition in the Lusaka High Court to determine and declare him a member of the PF while holding the position of vice-president in the United Party for National Development (UPND).
But Mr Mulongoti said Mr Mwamba’s action could compel the PF to effect its expulsion against the UPND vice-president for administration because he had lost the protection of the court.
He told the Daily Nation that the ruling party should however restrain itself from excommunicating Mr Mwamba until the court had pronounced itself over the decision by the Kasama MP to discontinue his court case.
Mr Mulongoti said before the PF could expel Mr Mwamba, it should wait for the court to determine the matter to avoid other legal challenges.
“If Mr Mwamba has withdrawn the case in which he had challenged his expulsion from the PF, then he is no longer protected by the court from being expelled. The PF may go ahead and effect its decision to have Mr Mwamba expelled. However the matter is still in court and the ruling party will have to wait until the court pronounces itself on its decision.
“But Mr Mwamba has effectively and principally lost the protection of the court by dropping the injunction,” he said. The PF expelled Mr Mwamba last year for gross misconduct and indiscipline as well as bringing the name of the party into disrepute and after the Kasama MP was appointed the vice-president of the UPND, the PF applied for an injunction restraining Mr Mwamba from claiming to be a PF member. The PF has also asked the court to stop Mr Mwamba from representing the ruling party in Parliament while holding the position of vice-president of the UPND.