‘‘THE courts should declare my expulsion from the MMD as null and void because the former ruling party has failed to charge me with any alleged offence I could have committed to enable me defend myself,’’ Felix Mutati, the expelled MMD Lunte member of Parliament, has submitted in the High Court.
Mr Mutati has since applied to the Lusaka High Court for a court injunction to restrain the MMD National Executive Committee (NEC) from carrying out its decision to throw him out of the party.
He said in his law suit against MMD national secretary Mwansa Mbulakulima that it was illegal, null and void for the MMD executive committee to try and curtail his decision to exercise his democratic right to call for a convention.
“When the petition was filed in the Constitutional Court the president of the defendant (MMD) and other party officials made various statements condemning my decision to challenge the decision of the NEC to resolve not to hold a convention.
“On the 16 February 2016 the defendant convened an NEC meeting wherein I was purportedly expelled from the defendant. The decision to eject me from the party was arrived at without due process according to the party regulations and hence contravened the disciplinary regulations 1993 of the MMD, including the law of natural justice, which is illegal and irregular for all intents and purposes,” Mr Mutati contended.
He has accused the MMD of failing to charge him of any offence, rendering his expulsion null and void nor did they allow him time to defend himself over the undisclosed charges.
“I was not made aware of the offence or act of misconduct that I have allegedly committed, and there has been no compliance with the disciplinary procedure prescribed in the MMD constitution and disciplinary practice,” Mr Mutati said.
He has appealed to the courts to declare the decision to expel him from the MMD as irregular and illegal and interference with his rights as a member of the party.
Mr Mutati said even before the announcement for his expulsion was made, some members of NEC had indicated the course of action they intended to take against him, with party saying national treasurer Elizabeth Chitika: “Lunte MP kiss the MMD good-bye and join other members who…..will not stand on MMD ticket’’.
He requested the High Court for an order of injunction to restrain NEC from expelling him and interfering in his daily activities as an MP of the MMD, including the enjoyment of his rights to contest any party position at a party convention.
Last year, Mr Mutati was among six MMD MPs expelled but later reinstated for acting against the party president Nevers Mumba because of his failure to raise the party profile since taking over from fourth republican president Rupiah Banda.