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CONTEMPT CASE AGAINST NEVERS TO PROCEED, RULES COURT

By GRACE CHAILE LESOETSA

LUSAKA High Court Judge, Mwape Bowa, has ruled that the contempt proceedings against MMD President Nevers Mumba and others are competently before the court.

Thus, the Judge will hear and determine the committal proceedings on June 10, this year.

MMD national secretary Elizabeth Chitika had asked the court to set aside originating process for irregularity filed on March 23, this year and a notice of motion to raise preliminary issues against contempt process filed into court on April 6, 2021.

In the main matter, Webby Chipili and 19 others calling themselves “Operation Save MMD” sued Dr Mumba and Ms Chitika seeking a declaration that the extra ordinary convention held on March 20, this year was void and that the two breached the party constitution.

They also want the court to direct the Registrar of Societies to appoint an interim committee during the determination of the matter.

But Ms Chitika insisted that her group was not served with documents for an injunction restraining them from holding the convention and that the 20 were not MMD members.

And in raising the preliminary issue, Ms Chitika asked whether the court could entertain contempt proceedings against Reuben Sambo, Winnie Zaloumis, Clement Zulu and Gregory Mofu alleged contemnors who were not named in the exparte order of interim injunction signed on March 20, this year.

But Judge Bowa ruled that Mr Sambo, Ms Zaloumis, Mr Zulu and Mr Mofu even though not being parties to the action, could be cited for contempt of court as they actually fall under the umbrella of  “whosoever “ as indicated by the 20 in the order.

The judge said the allegations laid against them suggested that they actively participated in disregarding the order.

Mr Justice Bowa said the issue of whether the 20 were MMD members is an issue to be determined at the trial of the matter.

“Conclusively based on the above and in addressing the fifth issue, it follows that the committal proceedings are competently before me and I shall proceed to hear and determine the motion on the 10th of June, 2021 at 14:15 hours,” he ruled.

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