THE Lusaka High Court has subpoenaed three people in the case involving former world 400 metres champion Samuel Matete and the Zambia Amateur Athletics Association.
High Court Justice Chalwe Mchenga has issued a subpoena ad testificandum for Bolton Mulendema of the Copperbelt Province Amateur Area Board and Peggy Muuma and Davison Mung’ambata of Mazabuka to appear and give oral testimony in a matter before his court.
The three were ordered to appear before Mr Justice Mchenga yesterday.
This is in a matter in which Matete and four others were disqualified from contesting the Zambia Amateur Athletics Association (ZAAA) presidency at the last annual general meeting.
Mr Justice Mchenga granted the right of appeal for Matete and his fellow appellants to have the matter heard before the court, over claims of unfair disqualification from the general elections which disadvantaged the complainants against the incumbent, Elias Mpondela, who went through unopposed as association president.
Matete and the four others – Jonathan Chipalo, Christopher Manda, Judith Chaongopa and Carol Mokola – have sued ZAAA secretary general Yonah Mwale over allegations of unfair disqualification from taking part in the association’s general elections where Matete was supposed to challenge long-time president, Mpondela.
Mr Mpondela had earlier applied to the High Court to have the matter dismissed, citing among the other reasons that the court had no jurisdiction to hear the matter as it had not been heard by the National Sports Council of Zambia (NSCZ).
Judge Mchenga found that the court had jurisdiction to hear the four administrators’ claims since the issues were already dealt with and that there was merit in their application.
The five had questioned their disqualification which was not explained and wondered why they were barred from standing at the association elections.
They did not challenge the legitimacy of the current ZAAA executive but rather the disqualification from standing in the elections.
A subpoena is the use of a writ for purposes of compelling testimony originated from witnesses called to the stand.