MMD national secretary Mwansa Mbulakulima says the petition filed by Lunte parliamentarian Felix Mutati and two others to contest the party decision not to hold a party convention has no basis either in the republican or MMD constitution.
Mr Mutati together with Ikelenge MP Elijah Muchima and Lufwanyama’s Anne Chungu have contested the MMD national executive committee (NEC) decision not to hold a convention before the 2016 general elections.
In a notice of intention to raise preliminary issues filed at the Constitutional Court of Zambia registry yesterday, Mr Mbulakulima said the trio’s petition was irregular, misconceived and an abuse of the court process.
He said the petitioners have failed to mention the source of their information on which their action was based, considering that they were not members of NEC that sat to make the decision in question.
“The purported facts adduced in the petition and the affidavit in support of the petition are based entirely on hearsay as none of the petitioners are members of the national executive committee nor were they in attendance at the national executive committee meeting of 30 January 2016.
‘‘The entire petition is irregular, misconceived and an abuse of the court process and must for the foregoing (reasons) be dismissed with costs,” he said. Mr Mbulakulima claimed that Mr Mutati failed to disclose sufficient particularity of facts and nature of personal infringements under the Republican Constitution or the MMD constitution that would be suffered by the plaintiffs.
The MMD NEC on January 30, 2016, decided not to hold a national convention to elect new office bearers, among them a potential presidential candidate to contest in the forthcoming August 11, 2016 general elections.
The verdict has been contested in the Constitutional Court by Mr Mutati and group as being contrary to the provisions of Article 60 of the Constitution as amended by the Constitution of Zambia Amendment Act no.2 of 2016 and article 14 of the MMD constitution.
The petitioners also made a declaration that the tenure of the MMD president and that of the NEC members who were elected at a regular convention were co-terminus and as such the convention should be held on of April 11, 2016.
Mr Mutati, Mr Muchima and Ms Chungu contended that the resolution by NEC meeting that a convention should not be held be declared null and void.