By GRACE CHAILE-LESOETSA
CHISHIMBA Kambwili’s attempts to illegally lodge the National Democratic Congress (NDC) constitution at the Registrar of Societies have been halted, court documents reveal.
The Registrar of Societies is said to have declined the lodging of the illegal constitution pending determination of a court case involving NDC.
NDC suspended secretary-general Bridget Atanga has again sued Mr Kambwili in the Lusaka High Court, barely two days after filing a notice of withdrawal in a matter in the same court where she wanted it to stop the former Roan Member of Parliament from masquerading as party president.
In the new matter filed on Wednesday, Ms Atanga is seeking among other claims that the gathering held by Mr Kambwili on February 27, this year is null and void.
Ms Atanga wants the court to declare the resolutions made at the said gathering in which she and two other officials were suspended, be declared null and void as they were made in the absence of any party constitutional provisions.
She also wants a declaration that Mr Kambwili having been expelled from the party, has no mandate to transact any business of NDC.
She is also seeking an order of interim injunction restraining Mr Kambwili or his agents conducting any party business, costs of and incidental to the action.
In an affidavit in support of ex parte summons for an order of interim injunction, Ms Atanga stated that NDC was registered with the Registrar of Societies on September 17, 2017 and around the same time lodged the party constitution.
She said that in terms of article 34 of the constitution, the said constitution would only commence, take effect or become operational immediately upon its adoption by NDC party congress made up of about 10, 000 delegates.
Ms Atanga said to date, the party has never held any congress and the constitution has never commenced, taken effect to become operational.
She said the party has no constitution.
“That on 24th of February 2021, the defendant (Mr Kambwili), in the presence of the vice president of the party Mr Rikki Joseph Akafumba and other senior members of the party, informed me that the defendant should be counted out of the decision making processes of the party and the defendant thereby ceased to hold his temporary position as interim president of NDC,” she stated.
Ms Atanga said that Mr Kambwili despite having ceased to be interim party president held a gathering in Luanshya and claimed that the said gathering was a Central Committee meeting of NDC.
She said that the said meeting was attended by Luanshya-based sympathisers of Mr Kambwili and lacked the reasonably expected competition of the vice president, national chair person, secretary general and deputy secretary general.
“That on 1st of March 2021, two days after his illegal gathering and resolutions, the defendant or his servants or agents attempted to lodge a constitution with the Registrar of Societies in an effort to conceal his illegalities but the Registrar of Societies declined the said lodgment pending determination of other litigation concerning NDC,” Ms Atanga said.