THE LUSAKA High Court has ruled that Lunte Member of Parliament Felix Mutati remains expelled from the former ruling party, the MMD.
High Court Justice Mwamba Chanda in her ruling yesterday said the interlocutory injunction sought by Mr Mutati could not be issued to restore membership of a political party because the expulsion already occurred.
This was in a matter in which the parliamentarian applied to the High Court to restrain the MMD party from expelling him pending an application for judicial review in the Constitutional Court to compel the MMD national executive committee (NEC) to hold a national convention before the August 11, 2016 General Elections.
Mr Mutati together with Ikelenge MP Elijah Muchima and Lufwanyama’s Anne Chungu will contest through the Constitutional Court the decision by the NEC not to hold a convention before the 2016 General elections.
Mr Mutati requested that the court to grant him an injucion to restrain the MMD party and the NEC from expelling him and interfering in his rights as a party member, which would hinder him from contesting for the position of party president at the convention.
But Ms Justice Chanda said there was no dispute in Mr Mutati’s application for an injunction, as he was a member of the MMD which party expelled him as per record.
“By copy of the letter dated 22nd February 2016 the Speaker of the National Assembly was notified of the expulsion of the plaintiff (Mutati) and requested to declare his parliamentary seat vacant.
“It is also common ground that by the letter dated 7th March 2016 the speaker of the national Assembly declined to declare the plaintiff’s seat vacant pending the determination and conclusion of the matter before this court,” she said.
She said the evidence before her was clear indication that Mr Mutati had already been expelled from the party by the time the matter was coming before her.
The Judge said she would not go ahead and grant an injunction which was bound to serve no useful purpose as was the case with the matter before her.
‘‘I am also satisfied that the injunction sought in the matter before me cannot be issued to restrain an event that has already occurred.
In view of the foregoing, I hereby decline to grant this injunction for an interim injunction,” she said.